June 7, 2022

Hit and Run

What is considered a hit and run in Virginia?

“The driver of any vehicle involved in an accident in which a person is killed or injured in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic.” Virginia Code § 46.2-894

A driver can be charged with a hit and run if the driver fails to stop at or return to the scene of the accident or the driver fails to report the accident to police or exchange their information with the other people or property involved.

What to Do if You’re Involved in a Hit and Run

If you are involved in an accident you must report: (report to state police or law enforcement agency; the person struck and injured; the driver or other occupants involved in the collision)

  • Your Name
  • Your Address
  • Your Driver’s License Number
  • Your Vehicle Registration Number

As soon as practical following the crash, you should provide reasonable assistance to any person injured in the accident.

If the accident involves an unattended vehicle, the driver must make a reasonable attempt to find the owner of the property and report the accident. If the driver cannot find the owner, the driver must leave his contact information at the scene of the accident. The driver must then also report the accident within 24 hours to state or local police. Virginia Code § 46.2-896

Misdemeanor v. Felony Hit and Run

A hit and run will be charged as either a Class 1 misdemeanor or a Class 5 felony.

  • Class 1 misdemeanor – the accident results in property damage of $1,000 or less
    • Penalty – up to one year in jail and a fine up to $2,500
  • Class 5 felony – the accident results in more than $1,000 of property damage or in bodily injury or death
    • Penalty – up to 10 years in prison and a fine of up to $2,500

Charges for failing to make a reasonable effort to find the owner of the unattended property or failing to leave contact information: (46.2-896)

  • Class 4 misdemeanor – the accident results in less than $250 of damage
    • Penalty – fine of up to $250
  • Class 1 misdemeanor – property damage is between $250 and $1,000
    • Penalty – up to one year in jail and a fine up to $2,500
  • Class 5 felony – accident results in more than $1,000 of property damage
    • Penalty – up to 10 years in prison and a fine of up to $2,500

If you are convicted of a hit and run, you should expect six demerit points to be added to your record. See the following:

Failure to stop at the scene of a crash – injury (11 years) 6 points
Failure to stop at the scene of a crash – death (11 years) 6 points
Failure to stop at the scene of a crash – property damage of $1,000 or more ( 11 years) 6 points
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