What to Do in a Hit-and-Run Accident in Virginia

Hit-and-run accidents can be unsettling and traumatic, leaving you in a confused state of mind as you watch the perpetrator flee the scene while you are left injured and confused.

Beyond the mental stress, hit-and-runs often result in severe injuries that can incur costly medical bills, loss of income, and extensive vehicle damage. These added strains can delay your recovery, leaving you wondering what to do next.

You do not have to face this situation alone. Our auto accident lawyers at Montagna Law are here to help you understand your rights and guide you through the process to secure the compensation you deserve.

What is a Hit and Run in Virginia?

Drivers involved in Virginia accidents are legally bound to stop after a crash. The Commonwealth refers to hit-and-run accidents as a “Failure to Report an Accident” charge. The driver accused of breaking the state’s hit-and-run laws will be charged under either Virginia Code § 46.2-894 (attended property) or § 46.2-896 (unattended property).

In attended vehicle accidents, motorists should:

• Provide reasonable assistance
• Receive medical assistance for any bodily injuries
• Report the crash to Virginia State Police or local law enforcement
• Exchange contact information, license plate number, and car insurance information

In unattended vehicle crashes, drivers should:

• Make a reasonable effort to locate the vehicle’s owner
• Contact law enforcement
• Provide the required contact information, including the name of their insurance company
• If the owner is not located, the driver should leave a note and report the accident to the police within 24 hours

Virginia considers a Failure to Report an Accident charge a serious crime, resulting in either a misdemeanor or felony hit-and-run charge.

Why Do Drivers Flee Accident Scenes?

Drivers generally know they should not leave an accident scene. Yet, many still do for various reasons.

• Not having an active auto insurance policy
• Operating a vehicle without a driver’s license
• Driving an unregistered or stolen motor vehicle
• Being under the influence of alcohol or drugs (or in possession)
• Having a previous warrant for another crime
• Panicking and making a bad decision

Some people do not care and leave the scene because they do not want to face consequences or pay compensation.

What Steps Should I Take If I’m the Victim of a Hit and Run in Virginia?

Virginia hit-and-run accident laws are very clear, regardless of the severity of the crash. Unfortunately, drivers sometimes disregard them and flee an accident scene. Never try to chase a hit-and-run driver because this puts your safety at risk, and then you are also breaking the law. Instead, take the following steps.

Step 1: Hit-and-Run Accident Reports

Virginia law requires drivers to file a police report if there is bodily injury, death, or visible property damage of more than $1,500. Call the police to come to the hit-and-run crash scene. If the other motorist fled, authorities can initiate a hit-and-run investigation.

Step 2: Gather Details About the Car and Driver

Even if the driver left the scene, assemble as much information as possible.

• State notated on their license plate
• Any license plate numbers or letters
• Make, model, and color of the vehicle
• Vehicle identifiers (e.g. decals, stickers, etc.)
• Driver description
• Number of people in the car

Don’t try to guess or speculate. Only provide the authorities with information you are confident about.

Step 3: Seek Medical Attention for Injuries (Document Injuries)

If anyone suffers injury, seek medical attention immediately, even if injuries seem minor. In some cases, there may be serious hidden injuries, such as internal injuries or a head injury, which need early treatment. Additionally, insurance companies notoriously try to deny injury claims, so the more medical documentation you have, the stronger your claim.

Step 4: Look for Security Cameras

Many accident scenes occur in areas where businesses, residences, and traffic infrastructure have cameras. Try to identify locations that may have captured footage.

Step 5: Gather Evidence at the Scene

In addition to the information you collect about the vehicle, driver, and camera footage, you should also collect:

• Photos and video of the crash site and any injuries
• Eyewitness contact information and statements
• Note which direction the driver took off to

While police and insurance companies will want documentation, keep copies for yourself.

Step 6: Contact an Experienced Personal Injury Attorney

Contact an experienced Virginia personal injury attorney who is well-versed in the Commonwealth’s traffic and insurance laws immediately. Notify your insurance company about when and where the accident occurred, but then allow your attorney to handle all communications. Working with a skilled attorney is recommended for recovering compensation and protecting your legal rights.

How Do I Recover Damages After a Hit and Run in Virginia?

After a driver hits you and takes off, they might leave you hurt, along with ongoing medical bills or expensive repairs. Fortunately, you do have a few options to recover damages.

If the at-fault driver is caught, you can:

• File a claim with their insurance provider
• Pursue a lawsuit against them with the help of a personal injury lawyer

If the at-fault driver is not caught, your options will be to:

• File a claim with your insurance:
  • Collision coverage (to fix your vehicle)
  • Uninsured Motorist (UM) Coverage
  • Personal Injury Protection (PIP) Coverage
  • MedPay Coverage

If the driver is not caught, the recovery process will be complicated, but an experienced car accident attorney can negotiate a settlement to help you get the money you need.

How Does Insurance Handle a Hit-and-Run?

How insurance companies handle hit-and-run accidents is more complex since you cannot provide driver details to your insurance company. This does not preclude you from getting compensation. The following is a general overview of how insurance companies handle situations where drivers flee the scene.

Uninsured Motorist Coverage (UM/UMI) for Hit-and-Run Accidents

A new law in Virginia stipulates drivers must carry uninsured motorist coverage. If you cannot identify the at-fault driver, you can pursue damages for bodily injury, lost wages, and vehicle damage through your policy.

Collision Coverage for Hit and Run Accidents

Another insurance option is collision coverage. While this money will not help with medical bills, lost wages, or other losses, it will at least get your vehicle repaired. A drawback is that a claim will stay on your driving record for up to five years, potentially raising your insurance premiums.

How Much Money Can I Get From a Hit-and-run?

It is difficult to assess how much money you can receive because each case differs. Factors considered include:

• Whether driver is found (and how much insurance they have)
• Type of injury
• Length of lost work
• Long-term effects of the injury

Additionally, legal representation plays a role. Having an advocate by your side increases your chances of getting fair compensation.

Why Work With Montagna Law

Montagna Law is a client-focused law firm. Our personal injury attorneys pride themselves on providing high-quality legal services while getting results in our client’s favor.

If you select Montagna Law to represent you in your personal injury case, you can expect to receive compassion, frequent communication, prompt return of phone calls, and frequent updates.

Suffering injury is a stressful and difficult time, especially if you are in pain and/or out of work. We understand the challenges you face. Our lawyers will give you a free case evaluation and honest legal advice.

Client Testimonials

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. he was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation.”- Tyler.

“I went to see Mr. Montagna about representing me in a court case. After the meeting, I knew I had made the right choice for a lawyer. I won my case thanks to his professionalism and knowledge of the law.”- K.

“If you’re looking for someone who’s professional, attentive, serious, caring, and negotiable than Mr. Anthony Montagna is who you need. He understood his assignment and delivered well especially being with what I was looking at in my case. I want to again thank Mr. Montagna and Kelly for being there for me. Will definitely be spreading his name around.”- Tiara S.

Additional Resources

• Virginia Personal Injury & Accident FAQ: Virginia personal injury law can be complex due to insurance and contributory negligence rules. Connecting with a skilled attorney can help ease the process to get the necessary compensation.
• Who Is to Blame for Accidents: Car or Pedestrian?: Pedestrians have the right of way on sidewalks, but streets and roads are more complex. They must obey laws like following marked crosswalks, pedestrian crossings, and traffic lights. In these accidents, Virginia’s pure contributory negligence rule applies.
• When To Hire A Personal Injury Lawyer: In any situation where you suffer serious injuries and need compensation to cover costs, you should speak with an attorney. Consultations are free, so you have nothing to lose by obtaining a consultation.

Need Support After a Hit and Run? Call Us.

Montagna Law values the attorney-client relationship. If you or a loved one has been a victim of a hit-and-run accident, our attorneys can help. We are well-versed in Virginia traffic and insurance laws and will tirelessly advocate on your behalf.

Our attorneys have aided clients from Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, and Hampton for over two decades. To schedule a free consultation, call Montagna Law at 877-622-8100 or fill out our online contact form.