What’s Involved In A Hit-and-Run Accident In Virginia?

Key Highlights:

• What’s involved in a hit-and-run accident in Virginia? It is an incident where a person flees from the scene of the accident.
• If there is no proof about the driver, then an insurance claim can be filed under an uninsured motorist (UM) policy covering your case.
• By making a ‘John Doe’ claim, you are able to access vital uninsured motorist coverage even when the at-fault driver is unknown. 
• The fault rule in Virginia, which is known as the 1% fault rule, can finally be applied to UM cases as well.
• It should be noted that evidence against the fleeing driver disappears within very few hours, thus making it important to act fast.

When considering what’s involved in a hit-and-run accident in Virginia are a double problem for victims as they not only suffer injuries but also have to deal with a driver who disappears after the collision. Hit-and-run drivers leave the site of a crash for several reasons, including lack of car insurance, having warrants for their arrest, and driving while intoxicated. According to the AAA Foundation for Traffic Safety, hit-and-runs are continuously increasing all over the country, and one of the top reasons is driving under the influence.

The attorneys at Tatum & Atkinson Law Firm have a team of professional Virginia car accident lawyers who can provide guidance on the laws relating to hit-and-run cases.

Injured by a fleeing driver? You should not waste any time in contacting the Tatum & Atkinson Law Firm as we offer free consultations to people seeking legal assistance after the accident.

What Does It Take to Be a Hit and Run in Virginia?

Under Va. Code § 46.2-894, in case you have been part of an accident where there is an injury to any individual or damage to property, you should stop and give out your particulars and help the injured party regardless of whose fault it was.

Fleeing from the scene is an offense that could be charged as a Class 5 felony if the crash has resulted in injury or death, or if there is damage of over $1,000.

Actions to Take After Being Involved in a Hit And Run Accident Virginia

The first hour can make or break your case:

• Call the police immediately for an accident investigation because you will need the police report as evidence of the accident to file any claim later on in the future.
• Make a note of all useful information about the other party, such as the type of car, color, part of the license plate, and the direction of travel. 
• Get phone numbers from witnesses present at the scene.
• Visit a medical practitioner even if one does not feel any aches. 
• Report the incident to your insurance company as quickly as possible, but avoid making a written statement without the advice of a lawyer.

How to Identify a Driver Who Is Fleeing

There have been many cases of identifying the fleeing drivers. The vehicle identification process is done with the help of recordings from the traffic cameras, cameras in businesses, doorbell recordings, witness testimony, and physical evidence in terms of broken parts, debris, and paint marks on the vehicle. 

This period of time is especially important, since much of this evidence is lost within a couple of days.

Uninsured Motorist Protection When the Driver is Not Found

The state of Virginia provides a solution to the hit-and-run driver automatically. Under the Va. Code § 38.2-2206: If the identity of the negligent driver is indeterminate, the vehicle is treated as an uninsured vehicle, meaning the incident can be treated as a claim under your own uninsured motorist insurance policy, with limited exceptions. 

You (or your attorney) simply declare that you have suffered a loss due to a hit-and-run driver. The uninsured motorist claim is then submitted against your own insurance company, which will then handle the case for you. Moreover, victims, such as pedestrians and cyclists, could also use this option.

The Contributory Negligence Trap

The trap in case of a UM claim is that your insurer now represents the party opposed to you, and they will do everything possible to limit their payout to the minimum level. 

In Virginia, one has to prove that one is not at all negligent to get the money from the other driver. Even if one is just 1% negligent in the accident, one will not be able to recover their money.

Injuries, Damages, and the Deadline

Just like any other accident, a hit-and-run is capable of causing the same terrible injuries, such as whiplash, broken bones, head injuries, etc. A claim for an accident can include medical expenses and payment for damages to the vehicle. 

There is a time frame of two years after the accident during which one can file the suit in Virginia. The filing of the John Doe lawsuit will help you maintain the status of the case while you try to trace down the driver. It is because evidence is lost at a very rapid pace.

Get Hit by a Fleeing Driver in Virginia Make Sure You Get Compensated

If you are worried about what’s involved in a hit-and-run accident in Virginia? Be sure to remember that if a motorist strikes your vehicle and runs away, the law favors you. You can learn about your options involving an accident without spending anything, and actually get compensation for your injuries if the person is never found.

The Tatum & Atkinson Cedar Bluff Law Firm has been serving our clients from southwest Virginia since 2006, thanks to one of our attorneys, Jon Ward. Our ‘Heavy Hitters’ can quickly find the available footage from the scene, speak to witnesses, and prepare the car accident claims for uninsured motorists. 

A free consultation is available by calling (800) 529-0804. We get paid only after we have obtained money for you.

FAQs: What’s Involved in a Hit-and-Run Accident in Virginia?

Is getting into a hit and run incident going to make my insurance higher?

No. According to Virginia law (§ 38.2-1905), auto insurers are legally prohibited from raising your rates if you are involved in a hit-and-run accident where you were not at fault. Given the above reasons, your insurance rates because of this incident should not be affected through an uninsured motorist claim.

Do I need to have special insurance to protect myself?

No, most likely, you do not. Uninsured motorist coverage is part of your auto policy in the State of Virginia because it is designed to provide coverage when the other driver gets away and cannot be identified.

What do I do if I only have part of the license plate number?

Perhaps this could work in such cases. For example, the partial plate number, the color and make of the vehicle, as well as its speeding away, will be very important considering the video evidence we have. It is important that you remember everything, since anything can be forgotten otherwise.

The police can’t locate the driver. Does that mean that my case is finished?

Not really, because the criminal proceedings and your personal injury lawsuit are two separate issues altogether. So, regardless of whether or not the police would be able to locate the driver who caused the accident, you would still be able to pursue a lawsuit through your uninsured motorist insurance using a John Doe lawsuit.

What will be the cost for hiring a hit-and-run lawyer?

There are no costs to be paid in advance. The way this type of case works is that payment of the fee is only due upon successful recovery. Moreover, we will conduct the first meeting, which will be free of charge. Since video evidence can get lost easily, making contact early is often the key to determining who is responsible for the accident.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.