Hit and Run

A hit and run charge in Virginia carries very serious penalties.  A hit and run charge in Virginia is a crime and a conviction will remain on a driver’s permanent criminal record.  A hit and run charge in Virginia is also known as “Failure to Report an Accident.”

Requirements for Virginia Driver Involved in Any Accident

A Virginia driver must stop at the scene of any accident in which he is involved.  It does not matter who caused the accident.  He must give the other driver his name, address, driver’s license number, and vehicle registration information.  The driver also must render “reasonable assistance” to anyone injured.

Proof of Hit and Run Charge in Virginia

Virginia hit and run charges can result from any car accident that the driver fails to report.  A driver can receive a hit and run charge if he:

• makes physical contact with another vehicle, person, or object
• resulting in property damage, injury or death, and
• failed to report the accident

A conviction for a hit and run charge in Virginia requires the Commonwealth to prove that the driver knew of the accident and knew or should have known that property was damaged or someone was injured.   The Commonwealth must also prove that the driver failed to give the required information to the other driver and the police.

Damage to Unoccupied Property

Va. Code §46.2-896 criminalizes failure to report an accident involving unattended property. Unattended property is unoccupied property.  For more information on a Virginia hit and run charge resulting in damage to unoccupied property, click here.

Damage to Occupied Property, Injury or Death

Va. Code §46.2-894 criminalizes failure to report an accident involving attended property, injury or death.  Attended property means occupied property.  For more information on a hit and run charge in Virginia involving damage to occupied property, click here.  For more information on a hit and run charge in Virginia resulting in injury or death, click here.

Duty of Passengers to Report an Accident

Passengers can also be charged with a hit and run in Virginia.  If a passenger older than 16 in a vehicle involved in an accident knows that the driver failed to report the accident, he has a duty to report the accident to law-enforcement within 24 hours.  If he does not, he can be convicted of a hit and run charge in Virginia for failing to report the accident under Va. Code §46.2-895 (if the hit and run involved occupied property, injury or death) or Va. Code §46.2-897 (if the hit and run involved unoccupied property).

To convict a passenger of a hit and run charge in Virginia, the Commonwealth must prove:

• the offender was a passenger in a vehicle involved in an accident
• he was 16 or older
• he knew about the accident
• he knew the driver failed to report the accident, and
• he failed to report the accident within 24 hours

If the accident resulted only in property damage, the passenger will be charged with a misdemeanor.   If the hit and run resulted in injury or death, he will be charged with a felony.

For more information on hit and run charges in Virginia involving passengers, click here.

Penalties for Hit and Run Charge in Virginia

A hit and run charge in Virginia 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.

Penalties for Driver of Vehicle Convicted of Hit and Run Charge in Virginia

• Unattended Property (Property Damage Less than $250): This charge is a Class 4 misdemeanor, punished with a fine up to $250.  Additionally, the DMV will add 3 demerit points to the offender’s Virginia driving record.
• Unattended Property (Property Damage More than $250): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and the DMV will assess 3 demerit points to the offender’s Virginia driving record.
• Unattended Property (Property Damage More than $500): This charge is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, driver’s license suspension for up to 6 months, and the DMV will add 4 demerit points to the offender’s Virginia driving record.
• Attended Vehicle (Property Damage Less than $1,000): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.  If the property damage exceeded $500, the offender’s driver’s license can also be suspended for up to 6 months.  Additionally, the DMV will add 4 demerit points to the offender’s Virginia driving record.
• Attended Property (Property Damage More than $1,000): A hit and run charge in Virginia involving attended property and resulting in more than $1,000 in damage 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.
• Injury or Death: A hit and run charge in Virginia resulting in injury or death 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.  The DMV will add 6 demerit points to the offender’s Virginia driving record.

Penalties for Passenger in Vehicle Convicted of Hit and Run Charge in Virginia

• Unattended Property (Property Damage Less Than $250): A passenger who fails to report a hit and run in Virginia resulting in less than $250 in property damage to an unattended vehicle has committed a Class 4 misdemeanor, punished with a fine up to $250.
• Unattended or Attended Property (Property Damage More than $250): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and if the property damage exceeded $500, the offender’s driver’s license can also be suspended for up to 6 months.
• Injury or Death: A passenger convicted of a hit and run charge in Virginia that resulted in injury or death has committed a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.