Under Virginia law, a hit-and-run occurs when a driver is involved in a car accident and leaves without stopping to provide their name, address, driver’s license number, and vehicle registration number to the other driver or the police. This rule applies whether the accident damages only property or injures someone.
Leaving the scene of an accident is a serious crime because it can stop injured people from getting help and can delay telling the police and insurance companies what happened.
If you get hurt in a hit-and-run, it's important to know these rules so you can protect your rights. Talk to a Virginia Beach car accident lawyer from Shapiro, Washburn & Sharp today.
Is It Against the Law to Leave the Scene of a Hit-and-Run Accident?
Yes, fleeing the scene of a hit-and-run is a criminal offense in Virginia. The seriousness of the charge depends on what happened. Some common charges are:
- Class 1 misdemeanors: This applies if the accident caused damage to property valued at $1,000 or less.
- Class 5 felonies: This applies if someone was hurt, someone died, or the property damage exceeded $1,000.
Leaving the scene can also affect insurance claims and injury cases. Understanding the legal consequences underscores why it is important for victims to document what happened and speak with a Virginia Beach car accident lawyer.
What Should I Do After a Hit-and-Run Accident?
After a hit-and-run accident, it is important to act quickly to stay safe, save important evidence, and protect your legal rights by:
Staying Calm
Staying calm helps you think clearly and notice important details. Pay attention to the direction the other car went, what it looked like, and anything else that might help later.
Looking for Injuries
Check yourself, your passengers, and anyone else involved for injuries, even if they do not seem serious at first. Get medical care right away, because some injuries show up later. Keep records of all medical visits and treatment for insurance and legal reasons.
Notifying Law Enforcement
Call 911 to report the accident, get medical help, and make sure the police write a report. This is important for your safety and to keep track of what happened.
Talking to Any Witnesses
Ask people around you if they saw what happened. You should also check local businesses, traffic cameras, or home security cameras to see if any footage shows the driver who left.
Documenting the Accident Scene
Take pictures of the damage to your car, any broken parts or debris, the scene of the crash, and the area around it. Clear pictures can help if you have an injury case or an insurance claim. Try to take them before anything is moved or cleared away.
Calling Your Insurance Company
Call your car insurance company as soon as you can to let them know about the accident. If you have uninsured motorist coverage, it might help pay for medical bills, car repairs, and lost wages.
Filing a Police Accident Report
If you are in an accident, you must stop and report it to the police. Filing a police report can also help your insurance claim and protect your rights after a hit-and-run.
Talking to a Virginia Beach Car Accident Lawyer
An experienced attorney can look into the crash, gather evidence, talk to the insurance companies, and work to get you the money you may be owed. Having legal help can protect your rights and your chance of receiving compensation.
What if the Striking Driver Returns to the Scene?
Do not argue with or confront the other driver. Stay calm, don't apologize or admit fault, and wait for the police to show up. Take note of any details you notice about the driver and let the police handle it. It's better to protect yourself legally than to try to fix it yourself.
How Do I Prove Fault in a Virginia Beach Hit-and-Run?
When making a strong case, evidence is very important. Some important parts are:
- Police accident report
- Witness contact details
- Pictures or videos of the scene, any injuries that can be seen, and damage to the cars
- Records of medical care
- Estimates for fixing or replacing cars
- Video from dash cams
Getting evidence right away will help your insurance claim and any legal case that comes up. It also makes it more likely that you will get money for your losses.
How Much Time Do I Have to File a Hit-and-Run Claim?
In Virginia, you usually have two years from the date of the accident to file a personal injury claim. If you wait too long, you can lose your right to ask for money. Reporting the crash quickly and speaking with a lawyer right away are paramount.
What if the Striking Driver is Uninsured or Never Found?
Yes. Your own uninsured or underinsured motorist coverage may help pay for your losses if the driver is never found or if they are found but don't have enough insurance.
Uninsured motorist coverage can help cover your medical bills, lost wages, and car repairs if the other driver cannot be identified or has no insurance. UIM can also help pay the difference if the other driver’s insurance is not enough to cover all your damages.
Were You Injured in a Hit-and-Run Accident?
Hit-and-run accidents can seriously harm victims and their families. The experienced Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp are here to help. Since opening in 1985, our firm has helped countless hit-and-run victims seek justice and recover the money they deserve. In one case, we negotiated the maximum settlement for a client who suffered a traumatic brain injury after being hit by a drunk driver who left the scene.
If you were hurt in a hit-and-run or any other car accident, call (833) 997-1774 for a free consultation or fill out the contact form on our website. Our offices are in Virginia Beach, Hampton, Portsmouth, and Norfolk.
