Hit and Run (Occupied Property)

A Virginia hit and run charge involving attended property (or occupied property) is a crime and a conviction will remain on a driver’s permanent criminal record.  A Virginia hit and run charge involving attended property can be charged as a misdemeanor or a felony.  A Virginia hit and run charge is also known as “Failure to Report an Accident.”

Virginia Hit and Run Charge Involving Attended Property

Va. Code §46.2-894 criminalizes failure to report an accident involving attended (occupied) property.  It does not matter who was at fault for the accident.  A driver involved in an accident resulting in property damage to an occupied vehicle or attended property must:

• immediately stop
• as close to the scene as possible
• without obstructing traffic, and
• provide the other driver, property owner, or police with the following information:
  • his name
  • address
  • driver’s license number, and
  • vehicle registration number

If the driver is unable to provide this information due to injuries he suffered in the accident, he must make reasonable efforts to locate the property or vehicle owner as soon as possible and provide the required information as well as notify the police.

A passenger in a vehicle involved in an accident who is over 16 years old can also be charged with a hit and run in Virginia if he knew of the accident, knew the driver did not report it, and failed to report it himself within 24 hours.  A passenger’s failure to report an accident involving attended property is a crime under Va. Code §46.2-895. For more information on charges for passengers involved in a hit and run in Virginia, click here.

Penalties for Virginia Hit and Run Charge Involving Attended Property

A Virginia hit and run charge involving attended property is punished with jail, fines, driver’s license suspension or revocation, and the DMV will add demerit points to the offender’s Virginia driving record.

• Attended Property, Less than $500 Damage: A Virginia hit and run charge involving attended property and damage less than $500 is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.  Additionally, the DMV will add 4 demerit points to the offender’s driving record.
• Attended Property, More than $500 but Less Than $1,000 Damage: A Virginia hit and run charge involving attended property resulting in more than $500 but less than $1,000 in damage is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and driver’s license suspension for up to 6 months.  Additionally, the DMV will add 4 demerit points to the offender’s Virginia driving record.  A fourth offense Virginia hit and run charge involving damage to attended property, injury or death will result in driver’s license revocation for 5 years.
• Attended Property, More than $1,000 Damage: A Virginia hit and run charge involving attended property with property damage exceeding $1,000 is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, and driver’s license revocation for one year.  Additionally, the DMV will add 6 demerit points to the offender’s Virginia driving record.  A fourth offense Virginia hit and run charge involving damage to attended property, injury or death will result in driver’s license revocation for 5 years.

For more general information on hit and run charges in Virginia, click here.  For more information on hit and run charges in Virginia involving damage to unattended property, click here.  For more information hit and run charges involving injury or death, click here.