Hit and Run in Virginia

Hit and Run Offense in Virginia

Facing a hit and run charge in Virginia entails severe consequences, constituting a criminal offense that leaves a lasting mark on a driver’s permanent criminal record. In Virginia, this offense is alternatively referred to as “failure to report an accident.”

Obligations for Virginia Drivers Involved in Accidents

Regardless of fault, Virginia drivers must promptly halt at the accident scene in which they are involved. They are mandated to provide the other party with their name, address, driver’s license number, and vehicle registration details. Additionally, the driver is obligated to offer “reasonable assistance” to anyone who may be injured in the accident.

Evidence of Hit and Run Offense in Virginia

In Virginia, charges for hit and run can arise when a driver is involved in a car accident but neglects to report it. A hit and run charge may be levied if the driver:

• Makes contact with another vehicle, person, or object physically.
• Resulting in property damage, injury, or fatality.
• Fails to report the accident.

To secure a conviction for a hit and run charge in Virginia, the Commonwealth must establish that the driver was aware of the accident and knew or reasonably should have known about property damage or injuries. Furthermore, the Commonwealth must demonstrate that the driver did not provide the required information to both the other driver and law enforcement.

Damage to Uninhabited Premises

Virginia Code §46.2-896 makes it a criminal offense not to report an accident involving unattended property, which refers to property that is unoccupied. To learn more about facing a hit and run charge in Virginia for causing damage to unoccupied property, refer to this resource.

Damage to Inhabited Premises, Personal Injury, or Fatality

Virginia Code Section 46.2-894 makes it a criminal offense not to report an accident that involves attended property, injury, or death. Attended property refers to occupied property. To learn more about hit and run charges in Virginia related to damage to occupied property, click here. For additional information on hit and run charges in Virginia resulting in injury or death, click here.

Reporting an Accident: Passenger Responsibilities in Virginia

In Virginia, passengers can face hit and run charges if they fail to report an accident involving a vehicle they were in. If a passenger, aged 16 or older, is aware that the driver neglected to report the accident, they are obligated to inform law enforcement within 24 hours. Failure to do so may result in a hit and run conviction in Virginia under either VA Code §46.2-895 (if the incident involved occupied property, injury, or death) or VA Code §46.2-897 (if unoccupied property was affected). For the Commonwealth to secure a hit and run conviction against a passenger in Virginia, they must establish the following:

1. The individual was a passenger in a vehicle involved in an accident.
2. The passenger was 16 years of age or older.
3. The passenger was aware of the accident.
4. The passenger knew that the driver had failed to report the accident.
5. The passenger neglected to report the accident within the stipulated 24-hour period.

In cases where the accident leads solely to property damage, the passenger may face misdemeanor charges. However, if the hit and run incident results in injury or death, the passenger will be subject to felony charges. 

Penalties for Hit and Run Offenses in Virginia

Virginia imposes penalties for hit and run charges, encompassing imprisonment, fines, suspension or revocation of the driver’s license, and the addition of demerit points to the offender’s Virginia driving record by the DMV.

Penalties for Drivers Convicted of Hit and Run Charges in Virginia

Unattended Property (Property Damage Less Than $250):

• Class 4 misdemeanor
• Fine up to $250
• Three demerit points added to the offender’s Virginia driving record.

Unattended Property (Property Damage More than $250):

• Class 1 misdemeanor
•  Up to 12 months in jail
•  Fine up to $2,500
• 3 demerit points added to the offender’s Virginia driving record.

Unattended Property (Property Damage More than $500):

• Class 1 misdemeanor
• Up to 12 months in jail
• Fine up to $2,500
• Suspension of a driver’s license for a period of six months.
• 4 demerit points added to the offender’s Virginia driving record.

Attended Vehicle (Property Damage Less than $1,000):

• Class 1 misdemeanor
•  Up to 12 months in jail
•  Fine up to $2,500
• If property damage exceeds $500, driver’s license can be suspended for up to 6 months.
•  4 demerit points added to the offender’s Virginia driving record.

Attended Property (Property Damage More than $1,000):

• Class 5 felony
• Up to 10 years in prison
• Fine up to $2,500
• Driver’s license revocation for one year
• 6 demerit points added to the offender’s Virginia driving record.

Injury or Death:

•  Class 5 felony
• Up to 10 years in prison
• Fine up to $2,500
• Driver’s license revocation for one year
• 6 demerit points added to the offender’s Virginia driving record.

Penalties for Passengers in Vehicles Convicted of Hit and Run Charges in Virginia

Unattended Property (Property Damage Less Than $250): If a passenger fails to report a hit and run in Virginia, resulting in less than $250 in property damage to an unattended vehicle, the offense is deemed a Class 4 misdemeanor. The punishment includes a fine of up to $250.

Unattended or Attended Property (Property Damage More than $250): Committing a hit and run with property damage exceeding $250 is classified as a Class 1 misdemeanor. The penalties include a potential jail term of up to 12 months, a fine of up to $2,500, and, if the property damage surpasses $500, the offender’s driver’s license may be suspended for up to 6 months.

Injury or Death: If a passenger is convicted of a hit and run charge in Virginia resulting in injury or death, the offense is considered a Class 6 felony. Potential outcomes involve a potential imprisonment of up to five years and a fine reaching a maximum of $2,500.