Virginia Hit and Run Laws: Penalties and What to Do

Last verified: March 2026. This page reflects current Code of Virginia Sections 46.2-894 through 46.2-902.1.

Overview of Virginia Hit and Run Laws

Virginia law requires every driver involved in a traffic accident to stop, identify themselves, and help anyone who is hurt. The primary statute governing these duties is Code of Virginia Section 46.2-894, which applies to accidents on both public roads and private property under Section 46.2-899.

Leaving the scene of an accident in Virginia carries penalties ranging from a small fine to a decade in prison. The exact charge depends on whether the accident caused property damage only, physical injuries, or death.

Virginia is also unusual because it places a legal duty on passengers to report an accident if the driver fails to do so. Passengers who stay silent can face their own criminal charges, including felony charges in cases involving serious injury or death.

Quick Reference

• Unattended property (under $250 damage): Class 4 misdemeanor, up to $250 fine
• Attended property damage ($1,000 or less): Class 1 misdemeanor, up to 12 months jail and $2,500 fine
• Property damage over $1,000, injury, or death: Class 5 felony, 1 to 10 years in prison
• Passenger failure to report (injury/death): Class 6 felony, up to 5 years in prison
• Accident reporting threshold: $1,500 in property damage, any injury, or any death
• Statute of limitations for civil claims: 2 years (personal injury), 5 years (property damage)

Driver Duties After an Accident

Under Section 46.2-894, any driver involved in an accident must take three immediate actions:

1. Stop immediately. Pull over as close to the accident scene as possible without blocking traffic. Do not leave the area until you have completed the remaining steps.

2. Provide your information. Give your name, address, driver's license number, and vehicle registration number to:

• Law enforcement (State Police or local police)
• The injured person, if that person can understand the information
• The driver or occupant of any other vehicle involved

3. Render reasonable assistance. If anyone is injured, you must provide reasonable help. This includes arranging transportation to a hospital or medical facility if treatment appears necessary or if the injured person requests it.

If your own injuries from the crash prevent you from meeting these obligations right away, you must fulfill them as soon as you are reasonably able to do so.

Passenger Reporting Duty

Virginia stands out from most states by imposing a reporting obligation on passengers. Under Section 46.2-895, if the driver leaves without stopping and reporting, every person age 16 or older riding in the vehicle who knows about the accident must ensure a report is filed within 24 hours.

The report must be made to the Virginia State Police or, if the accident happened in a city or town, to the local law enforcement agency. Failure to report carries criminal penalties tied to the severity of the accident.

Unattended Vehicle or Property

Under Section 46.2-896, if you strike an unattended vehicle or other unattended property, you must:

1. Make a reasonable effort to find the owner or custodian
2. If you find the owner, provide the same information required under Section 46.2-894
3. If you cannot find the owner, leave a written note in a visible spot at the scene with your name, address, and vehicle registration number
4. File a written report with the State Police or local law enforcement within 24 hours

The written report must include the date, time, and location of the accident, along with a description of the property damage.

Reporting Requirements

Under Section 46.2-373, you must report any accident to law enforcement within 24 hours if the crash results in:

• Death of any person
• Injury to any person
• Property damage exceeding $1,500

These reporting rules apply to accidents on both public highways and private property, as established by Section 46.2-899.

When Hit and Run Is a Misdemeanor

Virginia classifies leaving the scene as a misdemeanor in lower-severity situations:

Class 4 Misdemeanor. Striking an unattended vehicle or property where the damage totals less than $250. The maximum penalty is a $250 fine with no jail time. The DMV assigns 3 demerit points to your driving record.

Class 1 Misdemeanor. Leaving the scene of an accident involving attended property where damage is $1,000 or less and no one is injured. The maximum penalty is 12 months in jail and a $2,500 fine. The DMV assigns 4 demerit points.

Class 2 Misdemeanor. Failing to provide proof of insurance within 30 days when a law enforcement officer requests it at the scene, under Section 46.2-902.1. The maximum penalty is 6 months in jail and a $1,000 fine.

Even a misdemeanor conviction creates a permanent criminal record and can lead to higher insurance premiums.

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
• Death of any person
• Property damage exceeding $1,000

A Class 5 felony is a "wobbler" offense in Virginia. The court may impose either:

• Felony punishment: 1 to 10 years in prison and a fine of up to $2,500
• Misdemeanor punishment: Up to 12 months in jail and a fine of up to $2,500

The prosecutor and judge consider factors such as the severity of injuries, whether the driver was impaired, and the driver's criminal history when deciding how to charge and sentence the offense. The DMV assigns 6 demerit points for a hit and run conviction involving injury or death.

Passenger Failure to Report

Under Section 46.2-900, a passenger who fails to report an accident involving injury or death can be charged with a Class 6 felony. A Class 6 felony carries:

• Felony punishment: 1 to 5 years in prison
• Misdemeanor punishment: Up to 12 months in jail and a $2,500 fine

If the unreported accident involved only property damage, the passenger faces a Class 1 misdemeanor (up to 12 months jail, $2,500 fine) or a Class 4 misdemeanor if the damage was under $250.

DUI Involuntary Manslaughter

When a driver causes a fatal accident while under the influence and then leaves the scene, the charges become significantly more severe. Under Section 18.2-36.1, DUI involuntary manslaughter carries:

• Mandatory minimum of 1 year imprisonment
• Maximum of 20 years imprisonment
• Permanent revocation of driving privileges

These penalties apply on top of any hit and run charges.

Penalties Summary Table

Offense	Classification	Maximum Jail/Prison	Maximum Fine	Demerit Points
Unattended property (under $250)	Class 4 Misdemeanor	None	$250	3
Attended property ($1,000 or less)	Class 1 Misdemeanor	12 months	$2,500	4
Failure to furnish insurance proof	Class 2 Misdemeanor	6 months	$1,000	N/A
Property damage over $1,000	Class 5 Felony	1-10 years	$2,500	6
Injury or death	Class 5 Felony	1-10 years	$2,500	6
Passenger failure to report (death/injury)	Class 6 Felony	1-5 years	$2,500	N/A
DUI involuntary manslaughter	Felony	1-20 years	N/A	N/A

License Suspension and Revocation

A hit and run conviction triggers administrative consequences from the Virginia DMV beyond fines and jail time.

Property damage over $500. Under Section 46.2-901, the court may suspend your driver's license for up to 6 months if the accident resulted only in property damage exceeding $500.

Injury or death. Under Section 46.2-389, conviction for failing to stop and identify yourself at the scene of an accident resulting in injury or death triggers a mandatory one-year license revocation by the Commissioner of the DMV.

Demerit point accumulation. Virginia's point system can create additional license problems. Accumulating 12 demerit points within 12 months, or 18 points within 24 months, requires completion of a driver improvement clinic. Accumulating 18 points within 12 months, or 24 points within 24 months, results in a 90-day license suspension.

Demerit points for hit and run convictions remain on your record for two years from the date of the offense, as established by Section 46.2-493.

Insurance Consequences

Virginia is an at-fault state, meaning the person who caused the accident is financially responsible for the damages. A hit and run conviction creates serious insurance problems for the at-fault driver.

Rate increases. Insurance companies view hit and run convictions as a major risk factor. Expect substantial premium increases that can last for several years. Some insurers may refuse to renew your policy entirely.

For hit and run victims. If you are the victim of a hit and run and the other driver cannot be identified, you may file a claim under your own uninsured motorist (UM) coverage. Under Virginia Code Section 38.2-2206, all auto insurance policies in Virginia must include UM coverage at least equal to the state minimum limits of $30,000 per person and $60,000 per accident.

When filing a UM claim for a hit and run accident, Virginia law requires you to pay the first $200 as a deductible. You must also report the accident to law enforcement, as insurers will require a police report to process the claim.

Contributory negligence. Virginia follows the strict contributory negligence rule under Section 8.01-58. If a court finds that you were even partially at fault for the accident, your ability to recover damages from the other driver may be completely barred. This makes it especially important to document the scene and gather evidence after any accident.

What to Do If You Are a Hit and Run Victim

If another driver hits your vehicle and leaves the scene, take these steps to protect your legal rights:

1. Stay at the scene. Do not chase the other driver. Pursuing them can put you in danger and may complicate your legal position.

2. Call 911. Report the accident to police immediately. A police report is essential for both criminal prosecution and insurance claims.

3. Document everything. Write down or photograph:

• The other vehicle's license plate number, if you saw it
• The make, model, and color of the other vehicle
• The direction the other vehicle traveled
• Damage to your vehicle and any injuries
• The time and exact location of the accident

4. Talk to witnesses. Get contact information from anyone who saw the accident. Witness statements can help police identify the other driver.

5. Seek medical attention. Some injuries do not show symptoms right away. Getting examined promptly creates a medical record that supports any future claim.

6. Notify your insurance company. Report the accident to your insurer within 24 to 72 hours. If the other driver is not identified, you can file an uninsured motorist claim.

7. Consult an attorney. Virginia's contributory negligence rule and strict filing deadlines make legal guidance valuable, especially in cases involving serious injuries.

Statute of Limitations

Virginia imposes time limits on both criminal prosecution and civil claims related to hit and run accidents.

Criminal charges. For felony hit and run (injury, death, or property damage over $1,000), there is no statute of limitations in Virginia for felonies. For misdemeanor hit and run, the prosecution must file charges within one year of the offense.

Personal injury claims. You have two years from the date of the accident to file a personal injury lawsuit, under Virginia Code Section 8.01-243.

Wrongful death claims. You have two years from the date of death to file a wrongful death lawsuit.

Property damage claims. You have five years from the date of the accident to file a property damage claim, under Virginia Code Section 8.01-243.

Missing these deadlines generally means losing the right to seek compensation in court.

Virginia Crash Statistics

According to the Virginia Department of Motor Vehicles Traffic Crash Facts, Virginia had approximately 6.1 million licensed drivers and 8.6 million registered vehicles operating on 74,554 miles of roadway in 2024.

The state's five-year average for traffic fatalities stood at 930.6, which was 53 fewer deaths than the target of 966.6 set for 2024. Key trends include:

• Traffic crashes and fatalities remain concentrated in urban corridors, particularly Northern Virginia, Richmond, and Hampton Roads
• Hit and run incidents are a persistent concern, with urban areas seeing the highest rates
• Virginia continues to invest in enforcement, education, and infrastructure improvements to reduce crash fatalities

The Virginia DMV publishes detailed crash data broken down by legislative district, helping lawmakers target road safety resources where they are needed most.

Notable Cases

Fauquier County Fatal Hit and Run (2024). Dennis D. Dunning, 54, was arrested at his residence in connection with a fatal hit and run crash. Virginia State Police tracked down and apprehended Dunning after an investigation, demonstrating that leaving the scene does not prevent eventual identification 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 shows that repeat hit and run offenses draw enhanced scrutiny from prosecutors and the courts.

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