***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***
Virginia Hit and Run
November 11, 2017 by Jean Humbrecht
A Virginia Hit and Run is also known as Failure to Report an Accident. It can be charged any time a driver leaves the scene of a car accident without providing his information. A passenger in a vehicle involved in an accident can even be charged with a Virginia Hit and Run if he knew the driver failed to report the accident and doesn’t make a report himself within 24 hours.
A Virginia Hit and Run Is Also Known as Failure to Report an Accident
Va. Code §46.2-894 requires any driver involved in an accident resulting in damage to occupied property to stop as close to the scene of the accident as possible and provide his name, address, driver’s license number, and vehicle registration number to the state police (or local law-enforcement agency), the person struck by his vehicle, the driver or other occupant of the other vehicle involved in the accident, or the custodian of other property damaged. The driver also has a duty to render aid if it is apparent someone is injured or if the injured person requests the assistance. If the driver himself is injured, he must make the required report as soon as possible.
The driver also has a duty to report the same information if his vehicle is in an accident resulting in damage to unoccupied property (Va. Code §46.2-896). He must leave a note in a conspicuous place (if he cannot locate the property owner) with the time, date, location of the accident, a description of the property damage, and his contact information, in addition to the other required information. He also must report the accident to the police within 24 hours.
A passenger can be charged with a crime for failing to report the accident if he knows the driver did not make the necessary report. This law applies to anyone over 16 years old who was a passenger in a vehicle who knew the vehicle in which he was riding was involved in an accident and the driver did not make the necessary report. The passenger has 24 hours to make the report.
Penalty for Virginia Hit and Run
A Virginia Hit and Run involving unoccupied property is a misdemeanor. If the property damage was less than $250, the offense is a Class 4 misdemeanor, punished with a fine up to $250 and 3 DMV demerit points. If the property damage exceeded $250, the offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and 3 DMV demerit points. If the property damage exceeded $500, the DMV will assess 4 demerit points to the offender’s driving record and his driver’s license can be suspended for up to 6 months.
For more information on a Virginia Hit and Run involving unoccupied property, click here.
A Virginia Hit and Run involving occupied property can be a misdemeanor or a felony. If the property damage was under $1,000, the driver will be charged with a Class 1 misdemeanor, which is punished with up to 12 months in jail, a fine up to $2,500, and 4 DMV demerit points. If the property damage exceeded $500, the driver’s license can be suspended for up to 6 months. If the property damage exceeded $1,000, the driver will be charged with a Class 5 felony, which is punished with up to 10 years in prison, a fine up to $2,500, 6 DMV demerit points, and his license will be revoked for one year.
For more information on a Virginia Hit and Run involving occupied property, click here.
A Virginia Hit and Run resulting in injury or death is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, 6 DMV demerit points, and the offender’s driver’s license will be revoked for one year.
For more information on a Virginia Hit and Run resulting in injury or death, click here.
A Virginia Hit and Run Resulting in Injury or Death is a Felony
A passenger who fails to report a Hit and Run can be charged with a misdemeanor or a felony, depending on whether the accident resulted in only property damage or if someone was injured or killed. A passenger will be charged with a Class 4 misdemeanor for failure to report an accident involving unoccupied property resulting in less than $250 in damage. This offense is punished with a fine up to $250. For any other accident involving property damage, the passenger can be charged with a Class 1 misdemeanor, which is punished with up to 12 months in jail and a fine up to $2,500. Additionally, his driver’s license can be suspended for up to 6 months if the property damage exceeded $500. If someone was injured or died as a result of the accident, the passenger will be charged with a Class 6 felony, which is punished with up to 5 years in prison, a fine up to $2,500 and his driver’s license will be revoked for one year.
For more information on Hit and Run liability as a passenger in Virginia, click here.