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What Is the Difference Between a Hit and Run and Leaving the Scene of the Accident?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: May 26, 2021

Read Time: 4 mins

There is no practical difference between a hit and run accident and leaving the scene of the accident. Generally, the latter description is used within a legal context, whereas the former is used colloquially. When a person leaves the scene of an accident, they have committed a hit and run offense. This is true whether the driver who leaves the scene was at fault or not. Further, a hit and run offense may be a traffic violation or a crime, depending on the circumstances and jurisdiction.

Leaving the Scene of an Accident in New Jersey

Each state establishes its own laws regarding traffic accidents. In New Jersey, a person who leaves the scene of an accident with only property damage and no injuries could be charged with a traffic violation. There are various penalties for this violation, including jail time of up to 30 days, fines, suspension of their license, and points on their license. However, if someone was injured or killed, the driver can be charged with a criminal offense and a traffic violation. The criminal charge can result in prison time of up to five years, along with other penalties.

Leaving the Scene of an Accident in New York

Similarly, leaving the scene of an accident in New York may result in either a criminal charge or a traffic violation. A hit and run involving only property damage can result in a fine, points on the driver’s license and up to 15 days in jail. If someone was injured, leaving the scene is a criminal offense and can result in up to one year behind bars. If there was a fatality, the charge is upgraded to a felony that can result in up to seven years in prison.

Legal Recourse for Victims

Regardless of whether the driver who fled the scene is charged with a traffic violation or criminal offense, victims have legal recourse. It can be satisfying to know that the at-fault driver is held accountable for their negligence, but this will not pay the medical bills. However, victims can choose to file a civil claim. A civil claim against an at-fault driver will proceed entirely independently of any traffic court or criminal proceedings.

New York and New Jersey are both no-fault states regarding auto accidents. This means that victims must first go to their own insurance companies to receive compensation for their medical expenses. The no-fault rule doesn’t apply to property damage, however, and victims are free to file claims against at-fault drivers to secure compensation for their damaged vehicles.

It’s important to bear in mind that insurance companies don’t stay profitable by handing out fair settlements to auto accident victims. It’s in the insurer’s best interests to limit payments to injured individuals whenever possible. This is one reason why it’s essential to consult a car accident lawyer soon after a crash. Your lawyer can negotiate a fair settlement with the insurance company.

Your attorney can also file a claim against the at-fault driver to recover compensation for your damaged car. Furthermore, if your case meets specific criteria, you may also have the right to sue for medical expenses beyond what your insurance will cover. Your attorney will carefully review the details of your case and your insurance policy to determine your options under state law.

Schedule a Free Consultation with Accident Lawyers in New York and New Jersey

If you or a loved one was hurt in a car accident, you need aggressive legal representation to protect your rights and pursue maximum compensation on your behalf. At the personal injury law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have a long track record of successfully securing substantial jury awards and settlements on behalf of our injured clients. We invite you to schedule a free, no-obligation consultation to discuss your case and consider filing a car accident lawsuit. We practice in both Rockland County, NY, and Bergen County, NJ.

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Client Reviews

    
 
 
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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Is the Difference Between a Hit and Run and Leaving the Scene of the Accident?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey