What Should I Do If I Was In A Hit And Run Accident In Virginia?
Key Highlights:
- Can you still file a personal injury claim for a hit and run without knowing the driver? Yes. A hit and run accident in Virginia claim can be made under your own uninsured motorist insurance as set out in Va. Code § 38.2-2206.
- What penalties do hit-and-run drivers face? Under Va. Code § 46.2-894, the fleeing driver can be charged with a Class 5 felony and sentenced to a minimum of 10 years in prison if he/she leaves the scene of the accident and the victim is injured or killed as a result.
- Do I need to have physical contact with the vehicle to file a UM claim? Yes. Virginia law requires that there be “actual physical contact” between the unknown vehicle and you or your vehicle, or, if there is no actual physical contact, you must provide corroborating evidence to prove that there has been a collision.
- What is the Virginia fault statute? Virginia law prohibits recovery of damages if you are partially at fault for the accident, even if it is only for 1% of the fault. Therefore, documentation should be obtained on the first day of the claim.
- How long do I have to file my claim? You must file the claim within 2 years after the date of the accident to preserve any rights; however, the evidence may disappear in a matter of days, not years.
Always think safety first; get away from traffic (to the extent that you can) and call 911; check for injuries. Report everything to the police in as much detail as you can. Do not follow the other driver. You will have more health and more evidence on your side if you do not pursue the other driver, and you may put yourself at further disadvantage if you do pursue them.
Even if the other driver/owner cannot be found, your hit and run accident Virginia will go forward through your own insurance policy, video surveillance, witnesses, or by physical evidence in hit-and-run accidents. The unaccounted-for driver is not the end of the line for you.
In 2023, there were over 900,000 crashes reported to police nationally; 15% (over 240,000 injuries and 2,872 fatalities) involved a driver who fled the scene. This is the highest percentage of all crash fatalities reported ever. In 2022, the state of Virginia had over 200,000 automobile accidents resulting in over 10,000 injuries and over 1,000 deaths. Hit-and-run accidents are a significant part of those numbers in the cities of Richmond, Roanoke, Norfolk, Virginia Beach, Northern Virginia, Fredericksburg, Charlottesville, Cedar Bluff, and Tazewell.
I’m Robert Tatum, and I’m an attorney with Tatum & Atkinson Law Firm. Since 2005, our veteran-owned law firm has been able to collaborate on hit-and-run cases throughout Virginia using 65 years of combined experience. We understand how indescribably wrong it feels when someone causes you harm and then leaves. Let us help you obtain justice and recover compensation for your losses.
What Should You Do Immediately After a Virginia Hit-and-Run?
One moment you’re cruising through Richmond, Roanoke, Norfolk, or a scenic drive through the rural areas of Southwest Virginia near Cedar Bluff or Tazewell County… Then… BAM! The next thing you know, the other car is gone.
Here’s what to do in the minutes after that.
Call 911 right away
Report the accident, request medical assistance if anyone is injured, and be sure to stay on the line. A police report creates documentation of your wreck before memory fades.
Stay at the crash site
Never follow the car that leaves the scene. Your safety comes first, and if you leave the scene of an accident, it could cause you legal issues.
Document everything
You recall both vehicles. The color, make, model, travel direction, part of the tag, bumper stickers, damage, etc. Record the facts on paper or via your mobile device while they are still fresh in your mind.
Take pictures of everything
Anything related to the crash, including your car, the affected road, the skid marks, broken glass, paint transfer, debris, lane markings, nearby signage, weather (e.g., rain), lighting, etc.
Identify witnesses to the crash
If any person stopped and/or witnessed the crash, get their name and phone number immediately. Witnesses leave.
Even if you feel great, seek medical attention.
Adrenaline masks pain. If you experience any symptoms hours/days later, those symptoms must be linked to the accident through your medical records.
Small details have proven to be critical in solving cases. One detail could be a partial license plate image (or, in some cases, the make/model of the vehicle) or even a logo on the side of a van or paint transfer showing the color of the other vehicle. Even the location of the business’s surveillance cameras may be critical to showing what happened at the time of the crash. Keep a detailed list of all details that could be useful for law enforcement (and your potential case) until the scene is no longer available.
What Does “Leaving the Scene of an Accident” Mean Under Virginia Law?
Under Virginia law, a driver involved in an accident has a legal obligation to stop and provide assistance or information. A driver who fails to stop at the scene of an accident and leaving the scene of an accident Virginia is said to have committed a hit-and-run. While the seriousness of a hit-and-run depends upon the amount of damage done by the accident, it can be either a felony or a misdemeanor. Under Virginia law, a hit-and-run is a felony if the damage to property or injury to a person exceeds $1,000, while an incident involving less than $1,000 of damage or an unattended vehicle may result in charges of misdemeanors.
Depending on the outcome of the hit-and-run incident, the applicable penalties vary as follows:
- If there is a death or injury as a result of the hit-and-run incident, then the driver will be charged with a Class 5 felony, punishable by a maximum of 10 years in prison, a maximum fine of $2,500, and a one-year revocation of their driver’s license. Driving a motor vehicle in Virginia following the conviction of a Class 5 felony is subject to 6 points on the offender’s DMV record.
- If there is $1,000 or less in damage and there is no death or injury from the hit-and-run incident, then it will be classified as a Class 1 misdemeanor, punishable by a maximum of 1 year incarceration and a maximum fine of $2,500 if the driver fails to report the accident involving a vehicle with a driver present.
How Does Uninsured Motorist Coverage Work in Virginia Hit-and-Run Cases?
Should it happen, you could be covered under your own uninsured motorist coverage Virginia under Virginia Code Section 38.2-2206 if there is no way to identify the driver. Uninsured motorist coverage is for at-fault drivers who cannot be tracked because they are not known, they have no insurance, or they cannot be found.
The Physical Contact Requirement: A Critical Virginia Detail
However, one important thing many people don’t realize until it is too late is that Virginia law requires you to have had actual physical contact with the offending vehicle, or the person driving the offending vehicle, before your uninsured motorist claim can go forward without having a witness testify to support your claim.
In simple terms, if the unknown driver forced you off the road, but there was no contact between the two cars and no witnesses to corroborate your claim, then your uninsured motorist insurer may claim that there was no involvement of an unknown vehicle in your accident. This is why it is so important to get witness information as soon as possible following your car accident with unknown driver
If you can prove that the vehicles had contact, you should be able to proceed with your uninsured motorist claim against your own insurer. While this can feel unintuitive since you purchased the uninsured motorist insurance, the insurance company will still subject the claim to a rigorous investigation, and there is a good chance that they will challenge or deny your claim altogether.
What UM Coverage May Include
Medical bills, lost earnings, pain and suffering, future medical care, and property damage in a Virginia hit and run accident claim may be reimbursed pursuant to an uninsured motorist (UM) policy. Review the declaration page to find your UM limits before the adjuster calls you.
How Insurance Companies Investigate Hit-and-Run Claims
Insurance companies require proof of:
- the accident
- An unidentified driver caused it.
- There is an injury related to the accident.
They will review the accident report, photographs of damage, repair estimates, the medical record, witness statements, matching the physical damage to the vehicle to other vehicles & surroundings.
They may ask for a recorded statement from you.
The unidentified driver is not the only issue after a hit-and-run. Missing evidence can be as detrimental as an unidentified driver.
Be cautious when talking to the adjuster. He may be friendly, but he is still developing a case file against you. What you guess regarding speed, time, distance, and/or injury symptoms can be used against you later.
If the adjuster can show you are even 1% at fault for the accident under Virginia’s contributory negligence rule (Va. Code Ann. § 8.01-58), then your entire claim can be barred from recovery. That is not just a modest reduction in the amount of your claim; it is the total exclusion of your claim.
What Evidence Matters Most in Virginia Hit-and-Run Cases?
Hit-and-run incidents leave behind a plethora of evidential resources, but many of these resources have a limited life expectancy. As such, they are not always able to be gathered after an accident occurs. The life of physical resources, whether they be roadways, video files, or eyewitnesses, is governed by time, specifically within the timeframe of 24 to 48 hours after an incident. Evidence you obtain within this time frame will determine how solid the foundations of your case are.
Physical crash evidence
Physical evidence of a collision consists of paint transfers that may provide information about the coloration of the vehicle; broken pieces of plastic or glass that may indicate a make or model of the involved vehicle; scratch traces on your car that provide evidence of the angle of impact and force of the collision; and photographs taken before the clearing of the accident scene.
Surveillance and dashcam footage
Surveillance videos may be located in a variety of places. These include, but are not limited to, cameras placed over gas pumps or intersections; cameras inside retail establishments showing traffic flows; cameras installed in neighbors’ doorbell systems; and dash cameras located in your vehicle and the vehicles of other drivers.
When seeking video evidence of a hit-and-run accident, consider contacting the local businesses for an estimate of how many of their video recordings are overwritten or erased/made unreadable in the days/weeks after an accident has occurred. If needed, a lawyer can send out preservation letters to any/all potential video sources prior to this window of opportunity closing.
Witness statements
Witnesses to hit-and-run accidents can provide the driver’s plate number, type of vehicle, direction of flight, or possibly the crash itself. Obtaining the name and cell phone number of each potential witness as soon as possible (before anyone leaves the scene) will ensure that your claim will be supported and established through a reliable witness statement rather than disputed.
Police investigation tools
Police tools used for investigating criminal activity: the Virginia State Police, as well as local law enforcement officials, can access toll records, video from traffic cameras, and ALPR (additional license plate recognition) data that is not otherwise available to the average citizen. A police report/event report is considered the official record. The police report is placed in the file immediately.
Your own records
Your own record-keeping: A written account of the event created on the date of occurrence; photographs of any injury you have sustained taken within the first few days after the incident; a daily record of symptoms experienced as a result of the accident; and copies of all hospital/medical records that connect treatment to the date of the accident.
What Are Your Rights as a Virginia Hit-and-Run Victim?
Under the accident victim rights Virginia victims have certain rights. These include: the right to file a police report; the right to obtain their own uninsured motorist insurance coverage (uninsured motorist coverage is included with some auto insurance policies); the right to request copies of all accident records from the Virginia DMV through the accident report form process; and the right to receive an independent lawyer before speaking with any insurance company. If you later find out who the hit-and-run driver was, you may also seek a civil lawsuit against them.
You have no obligation to accept an early settlement offer from the insurance company. Also, you are not required to give a recorded statement to the insurance company without first speaking with an attorney.
Finally, you are not required to wait for the completion of the criminal process before pursuing a civil lawsuit. The civil process and the criminal process are two separate processes, with each being governed by its own responsibility and burden of proof.
What Compensation May Be Available?
Insurance coverage, evidence of liability, and proof of medical condition will determine how much hit and run injury compensation you will get.
Loss Category |
What It May Include |
| Medical bills | Emergency care, imaging, surgery, therapy, and medication |
| Lost income | Missed work, reduced hours, lost earning capacity |
| Pain and suffering | Physical pain, sleep problems, anxiety, and daily limitations |
| Property damage | Vehicle repair, replacement, towing, and rental costs |
| Future care | Follow-up treatment, rehabilitation, and long-term medical needs |
| Emotional distress | Trauma, fear, and PTSD symptoms following the crash |
Therefore, if you filed a hit and run insurance claim for compensation due to a hit-and-run accident and settled it too early because you didn’t have all the information regarding your post-accident condition, your claim may be undervalued, as future medical needs, future pain, and future work-related restrictions will likely not be known for a few weeks after the accident has occurred. Always read your settlement agreement carefully and don’t sign it until you know what your injuries will be in the future.
When Should You Contact a Virginia Hit-and-Run Lawyer?
If you sustained injuries as a result of an automobile accident in Virginia and the driver left the scene, contact a Virginia car accident lawyer hit and run case as soon as possible. Other situations in which a Virginia hit-and-run lawyer can help include being uncertain of your uninsured motorist (UM) coverage, being requested to provide a recorded statement to your insurer, or when there is potential for video evidence relating to your accident.
Hit-and-run accidents involving both pedestrians and cyclists were the cause of approximately one-fourth of the injuries or deaths of all pedestrians and cyclists in Virginia in 2023 (approximately), but because those who use the roadways as pedestrians and cyclists are considered the most vulnerable and are, therefore, at the highest risk of suffering catastrophic injuries or losses, receiving legal help is critical for those most at risk of suffering serious harm in an accident.
The sooner you hire an experienced Virginia hit-and-run lawyer, the sooner your attorney can send out evidence preservation letters to critical parties regarding any video surveillance footage that may exist in connection with your accident, interview witnesses before their memories deteriorate, obtain a review of your UM coverage before speaking with the adjuster for any other party involved in your accident, and anticipate and defend against a claim of contributory negligence from the outset of your case.
A Hit-and-Run Is Not a Dead End
What Should I Do If I Was In A Hit And Run Accident In Virginia? call the police, obtain medical assistance, record all relevant information regarding what happened (including any contact information for witnesses), locate any security footage of your crash or witnesses to support your claim, understand your uninsured motorist (UM) coverage and protect your rights before providing any statements to or accepting payment from anyone other than your own insurance company, as this may hurt your legal rights moving forward.
Even though the responsible driver has fled the scene of a hit and run accident Virginia, you may still have a viable recourse through your own auto insurance, police investigation, video evidence, physical crash evidence, and corroboration from any witnesses. The loss of the driver is only one variable with respect to your case; the evidence you retain/preserve today is completely within your control and will be your best defense.
Talk With Tatum & Atkinson Law Firm About Your Virginia Hit-and-Run Claim
Tatum & Atkinson Law Firm is available to help you if you’ve been in a hit-and-run accident in Virginia by reviewing your evidence, explaining your options for UM coverage, sending preservation requests before losing valuable footage, and initiating a claim from damage control. For a free consultation, call us at (800) 529-0804. There is no charge unless we win your case. Our well-qualified team of attorneys is ready to help you.
FAQs: What Should I Do If I Was In A Hit And Run Accident In Virginia?
What if I only remember part of the other vehicle’s license plate?
Even a partial plate is helpful to police. Provide them with all the details of the plate fragment (partial plate number if available), color, make, model, direction of travel, and any visible damage, and allow investigators to use this information to cross-check with available camera footage and Automatic License Plate Reader data (ALPR).
Can nearby businesses help provide evidence after a hit-and-run?
Yes, there is a possibility that the businesses had video cameras that captured the crash; the vehicle that fled the scene of the crash; the direction of travel, the plate, etc. You should ask immediately, though, as many security systems may overwrite their footage in as little as 7 to 30 days after the incident.
What if I discover my injuries several days after the accident?
Immediately after the crash, you should seek medical treatment and inform your physician exactly when the crash occurred. Having an established timeline for the onset of symptoms directly related to the crash will help secure your claim.
Can a pedestrian or bicyclist file a hit-and-run claim in Virginia?
Yes. Pedestrians and bicyclists may have a claim against either the hit-and-run driver’s Uninsured Motorist (UM) coverage or other available insurance, depending on the specificity of the case. In hit-and-run crashes, pedestrians and bicyclists have the highest level of risk of suffering serious injuries.
Will my insurance rates automatically increase if I file a hit-and-run claim?
Not necessarily. The effect of your rate depends on the terms of your insurance policy, how your insurance company determines fault under your insurance policy, what your insurance company determines when it looks at Virginia law, and your personal insurance policy. An attorney would be able to help you understand your coverage before filing a claim.
