Last verified: January 2026. This page reflects current Code of Virginia Sections 46.2-894 through 46.2-902.1.
Table of Contents
Overview of Virginia Hit and Run Laws
Under Code of Virginia Sections 46.2-894 through 46.2-902.1, drivers involved in accidents must stop immediately, report their information to law enforcement and injured parties, and render reasonable assistance. Virginia law also imposes a duty on passengers to report accidents if the driver fails to do so. Penalties range from a Class 4 misdemeanor for minor property damage to a Class 5 felony for accidents involving injury or death.
Quick Summary:
- Unattended property (under $250 damage): Class 4 misdemeanor ($250 fine)
- Property damage over $1,000: Class 5 felony (up to 10 years prison)
- Injury or death: Class 5 felony (up to 10 years prison, $2,500 fine)
- Passengers must report within 24 hours if driver fails to do so
- Virginia is an at-fault state with contributory negligence rules
- Report accidents involving injury, death, or property damage over $1,500
- Statute of limitations: 2 years for personal injury and wrongful death
Primary Statute Reference: Code of Virginia Section 46.2-894
Driver Duties After an Accident
Section 46.2-894 establishes specific obligations for drivers involved in accidents. You must:
- Stop immediately as close to the scene as possible without obstructing traffic
- Report information including your name, address, driver’s license number, and vehicle registration number to law enforcement, the injured person (if capable of understanding), or the driver or occupant of the other vehicle
- Render reasonable assistance to any injured person, including transporting them to a medical facility if treatment is necessary or requested
If injuries from the accident prevent you from complying immediately, you must make the required report and reasonable efforts to contact other parties as soon as reasonably possible.
Passenger Reporting Duty
Virginia law is notable for imposing a reporting duty on passengers. Under Section 46.2-895, if the driver fails to stop and report, every person 16 years or older in the vehicle who knows about the accident must ensure a report is made within 24 hours. Failure to report can result in misdemeanor or felony charges depending on the severity of injuries.
Unattended Vehicle or Property
Under Section 46.2-896, if you strike an unattended vehicle or property, you must make a reasonable effort to locate the owner or custodian. If unsuccessful, leave a note with your name, address, and vehicle registration. Report property damage exceeding $1,000 to law enforcement within 24 hours.
Reporting Requirements
Under Section 46.2-373, you must report any accident resulting in death, injury, or property damage exceeding $1,500 within 24 hours. The provisions apply to accidents on both public and private property (Section 46.2-899).
When Hit and Run Is a Misdemeanor
Under Virginia law, leaving the scene is a misdemeanor in limited circumstances:
- Class 4 misdemeanor: Hitting an unattended vehicle or property where damage is less than $250 (fine up to $250, no jail)
- Class 1 misdemeanor: Property damage over $1,000 where the accident does not result in injury or death (up to 12 months jail, $2,500 fine), though prosecutors often charge as a felony
- Class 2 misdemeanor: Failure to furnish proof of insurance within 30 days when required (up to 6 months jail, $1,000 fine)
Upon conviction for a Class 4 misdemeanor hit-and-run, the state assigns three demerit points to your driving record.
When Hit and Run Is a Felony
Under Section 46.2-894, leaving the scene becomes a Class 5 felony when:
- The accident results in injury to any person
- The accident results in death
- The accident results in property damage exceeding $1,000
A Class 5 felony in Virginia is a “wobbler” offense, meaning prosecutors can charge it as either a felony or misdemeanor depending on circumstances. Felony conviction carries 1 to 10 years imprisonment, while misdemeanor conviction carries up to 12 months jail and a $2,500 fine.
Passenger Failure to Report
Under Section 46.2-895 and 46.2-900, a passenger who fails to report an accident involving death or serious injury may be charged with a Class 6 felony (up to 5 years prison as a felony, or up to 12 months jail as a misdemeanor).
DUI Involuntary Manslaughter
Under Section 18.2-36.1, causing death while driving under the influence constitutes involuntary manslaughter, a felony punishable by:
- Mandatory minimum of 1 year imprisonment
- Maximum of 20 years imprisonment
- Permanent revocation of driving privileges
Penalties Summary
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Unattended property (under $250) | Class 4 Misdemeanor | $250 fine |
| Failure to furnish insurance | Class 2 Misdemeanor | 6 months jail, $1,000 fine |
| Property damage over $1,000, injury, or death | Class 5 Felony | 1-10 years prison, or 12 months jail |
| Passenger failure to report (death/injury) | Class 6 Felony | Up to 5 years prison |
| DUI involuntary manslaughter | Felony | 1-20 years prison, license revoked |
Additional consequences: License suspension or revocation upon conviction. Insurance rate increases are substantial, and some insurers may deny coverage.
Virginia Crash Statistics
According to the Virginia Department of Motor Vehicles (DMV) Traffic Crash Facts:
- 920 traffic fatalities occurred on Virginia roads in 2024, approximately a 1% increase from 2023
- 129,244 total crashes were reported in 2024, compared to 127,597 in 2023
- Virginia continues to focus on reducing traffic deaths through enforcement and education campaigns
- Hit-and-run incidents remain a significant concern, particularly in urban areas like Northern Virginia, Richmond, and Hampton Roads
Notable Cases
Fauquier County Fatal Hit-and-Run (2024): Dennis D. Dunning, 54, was arrested at his residence in connection with a deadly hit-and-run crash. Virginia State Police located and apprehended Dunning after an investigation, demonstrating that fleeing the scene does not prevent eventual arrest and prosecution.
Fairfax Repeat Offender (2025): A Fairfax man was charged in a June 2025 hit-and-run while already facing court proceedings for a similar arrest in 2024. This case illustrates that repeat hit-and-run offenses face enhanced scrutiny and penalties.
Frequently Asked Questions
Is Virginia a no-fault state?
No. Virginia is an at-fault (tort) state. The party responsible for the accident pays damages to the victim. Virginia follows a contributory negligence rule under Section 8.01-58, which can reduce or bar recovery based on the claimant’s share of fault.
Do passengers have a legal duty to report accidents in Virginia?
Yes. Under Section 46.2-895, if the driver fails to report, every person 16 years or older in the vehicle who knows about the accident must ensure a report is made within 24 hours. Failure to do so can result in criminal charges.
What is the reporting deadline for accidents?
You have 24 hours to report any accident involving death, injury, or property damage. The report should be made to State Police or local law enforcement.
What is a Class 5 felony in Virginia?
A Class 5 felony is a “wobbler” offense that can be punished as either a felony (1 to 10 years imprisonment) or a misdemeanor (up to 12 months jail and $2,500 fine) at the discretion of the prosecutor and court.
What is the statute of limitations for civil claims?
In Virginia, you have two years to file a personal injury or wrongful death claim, and five years for property damage claims.