You are backing out of a crowded parking space when you feel a bump.
You get out, look at the other vehicle, and do not see anyone around. Maybe the damage looks minor. Maybe you are not even sure whether the mark on the other car was already there.
You leave.
Later, you begin thinking about the cameras in the parking lot, the people nearby, or the possibility that the vehicle's owner will call the police.
Now the question is more serious: Can you get a leaving-the-scene ticket for hitting an unattended parked car in New Jersey?
Yes. New Jersey law imposes specific duties on a driver who knowingly collides with an unattended vehicle and causes damage. The fact that the owner is not there does not eliminate those responsibilities, and leaving without complying with them can result in a charge under New Jersey’s accident-scene laws.
To understand what the charge can mean, it helps to start with what New Jersey law requires you to do at the scene.
What Are You Supposed to Do After Hitting an Unattended Car?
New Jersey law does not allow you to simply drive away because no one is with the other vehicle.
Under N.J.S.A. 39:4-129(d), a driver who knows they have struck an unattended vehicle and caused damage has to stop and take steps to identify themselves to the vehicle's owner or operator.
If you cannot find that person at the scene, the law provides another way to supply the required information: you must leave a written notice securely on or in the vehicle where it can be seen. That notice must identify both the driver and the owner of the vehicle that caused the damage by name and address.
In other words, finding an empty car does not give you permission to leave without taking the steps required by the statute.
What if You Thought There Was No Damage?
One important question is whether you knew a collision occurred.
If you genuinely did not realize that your vehicle struck another car, that is different from knowing there was contact but assuming there was little or no damage.
New Jersey law specifically provides that once a driver knows an accident occurred, being unaware of the existence or extent of resulting damage is not, by itself, a defense.
The law also creates a permissive inference that a driver knew they were involved in an accident when the accident causes at least $250 in damage to a vehicle or other property.
That does not mean every parking-lot contact results in a conviction. Whether the collision actually caused damage, what the driver knew, and what the surrounding evidence shows can all matter.
Does Leaving a Note Satisfy New Jersey’s Requirements?
Leaving a note can satisfy New Jersey's requirements, but only if it contains the identifying information the law requires.
If you cannot find the owner or operator of the parked vehicle, N.J.S.A. 39:4-129(d) calls for written identifying information to be left securely on or in that vehicle. The notice must provide the names and addresses of the driver and the owner of the vehicle involved in striking it.
A note containing only a phone number, an apology, or incomplete identifying information therefore would not contain everything the statute specifies.
In an actual case, whether a note was left, what it said, and whether other evidence supports the driver's account can all become relevant.
How Many Points Does a Property-Damage Leaving-the-Scene Conviction Carry?
A conviction involving an accident with no personal injury where the driver failed to comply with the required accident-scene duties carries two MVC points in New Jersey.
The New Jersey Motor Vehicle Commission assigns eight points when personal injury is involved.
A property-damage-only violation carries fewer MVC points than one involving personal injury, but the points are not the only potential consequence.
Can You Lose Your Driving Privileges for Leaving the Scene?
A conviction can carry consequences beyond the MVC points discussed above.
For a first offense, N.J.S.A. 39:4-129 provides for a $200 to $400 fine, up to 30 days in jail, or both, along with a six-month loss of driving privileges in New Jersey. The statute provides that violations involving an unattended vehicle under subsection (d) are punished under those property-damage provisions.
You should not look at a leaving-the-scene summons as if it were simply another two-point ticket. A six-month loss of driving privileges can be far more disruptive than the point assessment itself.
For someone who relies on a car to get to work, care for family members, or manage daily responsibilities, that loss of driving privileges may be the larger concern.
At the Law Offices of Thomas Carroll Blauvelt, LLC, I help drivers understand the charge they are facing, how a conviction could affect their driving privileges, and the practical issues they should consider before deciding how to respond.
What if You Went Home and Then Realized You Shouldn't Have Left?
At that point, the question shifts from what you should have done at the scene to what you should do now.
What you should do after realizing you drove away without completing the required steps depends on the circumstances. There is no one-size-fits-all answer, particularly when police may already be investigating the incident, or a summons has already been issued.
What is important is not to make the situation worse by inventing an explanation, destroying information, or guessing about details you do not clearly remember.
Preserve anything that could help explain the incident, including photographs of your vehicle, dash-camera footage, receipts or location information showing where you were, and any communication concerning the accident.
New Jersey also has separate crash-reporting requirements. If an accident causes someone to be injured or killed, or results in more than $500 in damage to any one person's property, N.J.S.A. 39:4-130 requires the driver to notify the appropriate police agency by the quickest means of communication.
The statute also generally requires a written report to the MVC within 10 days. A separate written report from the driver is not required, however, if a law enforcement officer submits the required accident report to the MVC.
If police have contacted you or you have already received a summons, the exact violation alleged and the facts surrounding the incident are important to evaluating what comes next.
Facing a Leaving-the-Scene Ticket in New Jersey?
A collision with an unattended parked car may seem minor at first, but driving away without fulfilling the required duties can lead to consequences well beyond the property damage itself.
I have handled New Jersey traffic cases involving these types of accidents for many years. These cases can turn on details that are not always obvious from the summons alone.
If you have received a leaving-the-scene summons after striking a parked vehicle in North or Central New Jersey, I can personally review what happened, explain the charge and potential consequences, and help you understand your options before you decide how to respond. Contact the Law Offices of Thomas Carroll Blauvelt, LLC to request a free consultation.
Disclaimer: The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the law firm directly.