| 39:4-130.
Failure to Report Accident
39:4-130. The driver
of a vehicle or street car involved in an accident
resulting in injury to or death of any person, or
damage to property of any one person in excess of
$500.00 shall by the quickest means of communication
give notice of such accident to the local police
department or to the nearest office of the county
police of the county or of the State Police, and in
addition shall within 10 days after such accident
forward a written report of such accident to the
commission on forms furnished by it. Such written
reports shall contain sufficiently detailed
information with reference to a motor vehicle
accident, including the cause, the conditions then
existing, the persons and vehicles involved and such
information as may be necessary to enable the chief
administrator to determine whether the requirements
for the deposit of security required by law are
inapplicable by reason of the existence of insurance
or other circumstances. The chief administrator may
rely upon the accuracy of the information contained
in any such report, unless he has reason to believe
that the report is erroneous. The commission may
require operators involved in accidents to file
supplemental reports of accidents upon forms
furnished by it when in the opinion of the
commission, the original report is insufficient. The
reports shall be without prejudice, shall be for the
information of the commission, and shall not be open
to public inspection. The fact that the reports have
been so made shall be admissible in evidence solely
to prove a compliance with this section, but no
report or any part thereof or statement contained
therein shall be admissible in evidence for any
other purpose in any proceeding or action arising
out of the accident.
Whenever the driver
of a vehicle is physically incapable of giving
immediate notice or making a written report of an
accident as required in this section and there was
another occupant in the vehicle at the time of the
accident capable of giving notice or making a
report, such occupant shall make or cause to be made
said notice or report not made by the driver.
Whenever the driver is physically incapable of
making a written report of an accident as required
by this section and such driver is not the owner of
the vehicle, then the owner of the vehicle involved
in such accident shall make such report not made by
the driver.
In those cases where a driver knowingly violates the
provisions of this section by failing to make a
written report of an accident, there shall be a
permissive inference that the registered owner of
the vehicle which was involved in that accident was
the person involved in the accident; provided,
however, if that vehicle is owned by a rental car
company or is a leased vehicle, there shall be a
permissive inference that the renter or authorized
driver pursuant to a rental car contract or the
lessee, and not the owner of the vehicle, was the
person involved in the accident, and the
requirements and penalties imposed pursuant to this
section shall be applicable to that renter or
authorized driver or lessee and not the owner of the
vehicle.
Any person who suppresses, by way of concealment or
destruction, any evidence of a violation of this
section or who suppresses the identity of the
violator shall be subject to a fine of not less than
$250 or more than $1,000.
A written report of an accident shall not be
required by this section if a law enforcement
officer submits a written report of the accident to
the commission pursuant to R.S.39:4-131.
Except as otherwise provided in this section, a
person who knowingly violates this section shall be
fined not less than $30 or more than $100.
The chief administrator may revoke or suspend the
operator's license privilege and registration
privilege of a person who violates this section.
For purposes of this section, it shall not be a
defense that the operator of the motor vehicle was
unaware of the existence or extent of personal
injury or property damage caused by the accident as
long as the operator was aware that he was involved
in an accident.
Amended 1951, c.23, s.72; 1953, c.187; 1967, c.189,
s.2; 1983, c.193, s.1; 1994, c.183, s.2; 2007,
c.266, s.2.
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