What Happens After a Hit-and-Run in Virginia?

Being involved in a car accident is frightening enough. When the driver who caused the crash leaves the scene, you may be left dealing with injuries, vehicle damage, and questions about how you can recover compensation when the other driver cannot be found.

Knowing what to do immediately after a hit-and-run can help protect both your health and your potential insurance claim.

What Virginia Law Requires After a Crash

Virginia law requires drivers involved in crashes involving injury, death, or damage to attended property to stop and provide certain identifying information. Drivers are also required to provide reasonable assistance to someone injured in the crash when necessary.

Leaving the scene can result in criminal charges. The specific charge and penalties depend on the circumstances, including whether someone was injured or killed and the amount of property damage involved.

The criminal case against a fleeing driver is separate from any civil or insurance claim an injured person may pursue.

What to Do Immediately After a Hit-and-Run

Stay at the scene and call 911. Report the crash to law enforcement even if the other driver is already gone. The resulting police investigation may help identify the vehicle or driver and provides important documentation of the accident.

Record what you remember. If possible, write down the fleeing vehicle’s make, model, color, license plate information, direction of travel, and anything you remember about the driver.

Look for witnesses and cameras. Nearby drivers, pedestrians, homes, or businesses may have witnessed or recorded the collision. Dashcam footage may also provide valuable information.

Seek medical attention. Some injuries are not immediately apparent after a collision. Prompt medical care also creates documentation of your injuries following the crash.

Notify your insurance company. Report the accident promptly and provide the information required under your policy.

What If the Hit-and-Run Driver Is Never Identified?

When the driver who caused an accident cannot be identified, uninsured motorist coverage may provide an avenue for compensation. Virginia law treats a motor vehicle as uninsured when its owner or operator is unknown.

Importantly, physical contact with the unidentified vehicle is not always required. Virginia law specifically addresses accidents in which an unknown vehicle causes injury or damage without making contact. In those situations, prompt reporting to the insurer or appropriate law enforcement agency is particularly important.

Because uninsured motorist claims have specific legal and policy requirements, the circumstances of the accident and the applicable insurance policy should be reviewed carefully.

What If the Driver Is Later Identified?

If law enforcement later identifies the driver who fled, additional options may become available. Depending on the circumstances, an injured person may be able to pursue compensation from the driver or applicable insurance coverage for losses such as medical expenses, lost income, property damage, and pain and suffering.

Any criminal prosecution of the driver is separate from a civil injury claim. A criminal charge or conviction does not automatically compensate an injured person, and the outcome of the criminal case does not necessarily determine the outcome of a civil claim.

Why Preserving Evidence Matters

Evidence can disappear quickly after a hit-and-run. Surveillance footage may be overwritten, witnesses can become difficult to locate, and physical evidence at the scene may disappear.

If you can safely do so, photograph the scene and vehicle damage, save dashcam footage, keep witness information, and preserve communications with law enforcement and insurance companies.

Virginia generally provides a two-year limitations period for personal injury actions, although exceptions and other deadlines may apply. Waiting to investigate a hit-and-run can still make a claim more difficult long before a legal filing deadline arrives.

DBWLE Represents Hit-and-Run Victims Throughout Virginia

If you or someone you love has been injured in a hit-and-run crash, the attorneys at Davies, Barrell, Will, Lewellyn & Edwards, PLC can help you understand your options and determine what insurance coverage or other sources of compensation may be available.

We serve clients throughout Fredericksburg, Spotsylvania, Culpeper, Warrenton, Fauquier County, Louisa County, Orange County, Rappahannock County, Madison County, Stafford County, Greene County, Albemarle County, Fluvanna County, Caroline County, and surrounding Virginia communities.

Our auto accident attorneys offer free consultations with no obligation, and we only get paid if we recover compensation for you.

Contact DBWLE today to speak with a member of our team.