Hit and Run (Unoccupied Property)

A Virginia hit and run charge involving unattended property (or unoccupied property) 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.”

Virginia Hit and Run Charge Involving Unattended Property

Va. Code §46.2-896 criminalizes failure to report an accident involving unattended (unoccupied) property.  A driver involved in an accident resulting in property damage to an unoccupied vehicle or other unattended property is required to find the owner and report his:

• name
• address
• driver’s license number, and
• vehicle registration number

If the driver cannot locate the owner, he must leave a note in a conspicuous place at the scene of the accident with all of this information and his contact information.  He also MUST report the accident to the police within 24 hours in writing.  This written report to the police should also state the location, time and date of the accident, as well as the driver’s description of any property damage.  Failure to follow these steps will result in a Virginia hit and run charge involving unattended property under Va. Code §46.2-896.

If the driver is unable to comply with these requirements due to injuries suffered in the accident, he must report the accident to the police as soon as possible, as well as make a reasonable effort to locate the property owner and provide him with the required information.

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.  A passenger’s failure to report an accident involving unattended property is a crime under Va. Code §46.2-897.  For more information on penalties for a passenger involved in a hit and run in Virginia, click here.

Penalties for Virginia Hit and Run Charge Involving Unattended Property

A Virginia hit and run charge involving unattended property (Va. Code §46.2-896) is a misdemeanor.  It can be punished with jail, fines, driver’s license suspension, and the DMV will add demerit points to the offender’s Virginia driving record.

• Unattended Property, Damage Less than $250: Failing to report an accident involving unattended property resulting in less than $250 in damage is a Class 4 misdemeanor and is punished with a fine up to $250.  Additionally, the DMV will add 3 demerit points to the offender’s Virginia driving record.
• Unattended Property, Damage More than $250: A Virginia hit and run charge involving unattended property resulting in more than $250 in damage is a Class 1 misdemeanor.  This offense is 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, 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.

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