Car Accidents | Virginia
Hit and Run in Virginia: What a Driver Faces
A plain-language guide to the legal duties, possible penalties and civil claims that can follow when a driver leaves the scene of a crash.
Published October 24, 2026
What happens if you do a hit and run in Virginia? The driver may face criminal charges and a civil lawsuit from the people who were hurt. This guide explains the duties, penalties and deadlines in plain words. It is general information, not advice about any one situation.
What Virginia Law Requires of a Driver After a Crash
Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894).
The duty is more than a quick call or a wave. The driver must give a name, address, driver’s license number and vehicle registration number. Those details go to State Police or local law enforcement, and to the injured person if that person can understand them. The driver must also give reasonable help, including taking the injured person to a doctor or hospital when treatment looks necessary or is requested. The full duties appear in Va. Code § 46.2-894.
If injuries keep the driver from doing this at the scene, the driver must report as soon as reasonably possible and try to find the people involved. Stopping matters because it lets police and the injured person collect the facts while they’re fresh. It is not a deadline to report a crash.
If you were hurt in a crash and the other driver left, the firm can talk with you about whether you may have a claim. Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
Why a Hit and Run Is Treated Differently From Other Crashes
Leaving the scene of a crash with injury or death is a separate violation from the crash itself.
Under Va. Code § 46.2-894, a violation is a Class 5 felony if the accident results in injury to or the death of any person, or if it causes more than $1,000 in property damage. A violation that causes $1,000 or less in property damage is a Class 1 misdemeanor.
Under Va. Code § 46.2-371, a willful failure to give immediate notice of an injury crash is a Class 4 misdemeanor.
Leaving also makes the other driver harder to identify. An injured person may not know the vehicle’s make, color or plate number. That is why early details matter. Write down the time, the location and what you saw. Take photos of the vehicles and the roadway if it is safe, and ask for names of any witnesses. A police crash report can record vehicle details. The Virginia DMV explains who may request one on its police crash report page.
Commercial vehicles often carry company names, numbers and markings. Those details can help police and the injured person identify the vehicle.
How Long an Injured Person Has to File a Lawsuit
Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. The statute is at Va. Code § 8.01-243.
Under Va. Code § 8.01-230, the period begins when the injury is sustained.
Some claims carry shorter notice rules. That can matter if a government vehicle or entity is involved.
Punitive Damages When a Driver Acts Willfully or Wantonly
Punitive damages look at how the driver acted, not only whether a crash happened.
Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1). The text is at Va. Code § 8.01-38.1.
Felony hit and run is a separate route. Va. Code § 8.01-44.5:1 says punitive damages may be awarded to the plaintiff in a personal injury or death action arising from conduct that is a felony violation of § 46.2-894. Punitive damages are not automatic in every hit and run.
Wrongful Death When a Hit and Run Is Fatal
A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. The filing rules sit in Va. Code § 8.01-50 and Va. Code § 8.01-244.
Under Va. Code § 8.01-50, every wrongful-death action is brought by the personal representative of the deceased, except that a fetal-death action is brought by the natural mother; if she dies or is under a disability, her administrator, guardian, or personal representative may bring or maintain it.
Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52). The statute text is at Va. Code § 8.01-52.
Families often face grief and paperwork at the same time. Keeping the records described below can help a family understand what the claim may involve.
Practical Steps After Someone Is Hurt in a Hit and Run
The first steps are medical care and a clear written record of what happened.
Get medical care right away, even if injuries seem minor. Keep every bill, treatment note and record of missed work. Write down what you remember about the vehicle, the place, the time and the direction of travel while details are fresh. Save photos and the names of witnesses. Memories fade, and early notes tend to be more detailed than later ones.
Correll Law Firm handles car accident, truck accident, commercial vehicle, catastrophic injury, traumatic brain injury, spinal cord injury and wrongful death matters. The firm’s offices are in Winchester and Harrisonburg. It represents people from the Shenandoah Valley, Richmond, Henrico County and across Virginia.