Hit-and-Run Accidents in Virginia Beach: What Victims Need to Know

Being hit by another vehicle is frightening. Watching the driver who caused it speed away is something else entirely. A hit-and-run accident in Virginia Beach can leave you injured, shaken, and unsure how you’ll pay for medical care or vehicle repairs when the other driver cannot be identified. Virginia law provides potential legal options for people injured in hit-and-run crashes, and the steps taken afterward can become important when evaluating a claim. This guide explains what to do after a hit-and-run, how uninsured motorist coverage may apply when the driver is never found, and what Virginia law requires.

Why Drivers Flee the Scene

Drivers may leave the scene of a collision for different reasons, but the circumstances are not always immediately known. Regardless of why someone leaves, Virginia law establishes specific duties for drivers involved in crashes. Failing to comply with those requirements can result in criminal penalties, depending on the circumstances.

Hit-and-run crashes can happen anywhere, from busy commercial corridors like Virginia Beach Boulevard and Independence Boulevard to neighborhood streets and parking lots. These collisions can also involve people outside a vehicle. Pedestrians and bicyclists struck by a fleeing driver may sustain serious injuries, making prompt medical attention and preservation of available evidence important.

What Virginia Law Requires of Drivers After a Crash

Under Va. Code § 46.2-894, a driver involved in a crash resulting in injury, death, or damage to an attended vehicle or other attended property must immediately stop as close to the scene as possible without obstructing traffic. The driver must provide specified identifying information to law enforcement and the people involved and render reasonable assistance to anyone injured, including arranging transportation for medical treatment when necessary or requested.

Under Virginia Code § 46.2-894, a driver who fails to comply with the statute’s requirements after a crash involving injury, death, or more than $1,000 in damage to attended property may face a Class 5 felony. When a violation involves damage of $1,000 or less to attended property without injury or death, it is generally a Class 1 misdemeanor. Criminal proceedings are separate from any potential civil personal injury claim arising from the collision.

What to Do After a Hit-and-Run Accident

Your health and safety come first. Once you’re out of immediate danger, these steps can help preserve information that may become important during an investigation or insurance claim:

• Call 911 right away. Report the crash, any injuries, and the direction the other driver traveled. A police investigation may help document the circumstances of the collision.
• Don’t chase the other driver. Following a fleeing vehicle can create additional dangers. Focus on remembering identifying details instead.
• Write down everything you can remember. The vehicle’s make, model, color, partial license plate, visible damage, and other distinguishing features may help investigators identify the driver.
• Look for witnesses and cameras. Ask witnesses for their names and contact information. Nearby businesses, homes, or traffic cameras may have recorded the collision or fleeing vehicle.
• Photograph the scene if it is safe. Vehicle damage, debris, paint transfer, roadway conditions, and other physical evidence may become relevant.
• Seek medical attention when needed. Medical evaluation can help identify injuries and document treatment received following the crash.
• Notify your insurance company. Report the collision promptly and review the applicable policy requirements. Keep the police report number and other available documentation.

How Uninsured Motorist Coverage Helps Hit-and-Run Victims

Virginia law provides uninsured motorist coverage protections for qualifying crashes involving unidentified drivers. Under Va. Code § 38.2-2206, a vehicle may be treated as uninsured when its owner or operator is unknown. Depending on the applicable insurance policy, the circumstances of the collision, and other statutory requirements, uninsured motorist coverage may provide compensation for damages an injured person is legally entitled to recover.

Uninsured motorist coverage may also become relevant when a pedestrian, bicyclist, or passenger is injured by an unidentified driver. Whether coverage applies and which policies may provide benefits depends on the circumstances and the applicable insurance provisions.

Special Rules for No-Contact Crashes

Some hit-and-run collisions occur without physical contact between the vehicles. For example, a driver may leave the roadway while attempting to avoid another vehicle that then leaves the scene.

Virginia Code § 38.2-2206(D) contains specific requirements for certain uninsured motorist claims involving an unidentified vehicle when no physical contact occurred. The statute addresses prompt reporting to the insurer or appropriate law enforcement authorities, including circumstances when immediate reporting is not reasonably practicable.

Reporting the incident promptly can therefore be important, but the availability of uninsured motorist coverage depends on compliance with applicable legal and policy requirements and the circumstances surrounding the collision.

“John Doe” Lawsuits

Virginia law provides procedures for pursuing certain uninsured motorist claims when the responsible driver cannot be identified. Depending on the circumstances, an injured person may be able to bring an action against an unknown driver identified as “John Doe,” with the applicable insurer receiving notice and an opportunity to defend the claim.

The availability of this process and the requirements involved depend on Virginia law and the circumstances of the case. Disputes may also arise over whether a particular insurance policy provides coverage or whether the requirements for an uninsured motorist claim have been satisfied. When an insurance claim is disputed or denied, an attorney familiar with denied insurance claims can help evaluate the available options.

If Police Find the Driver

Investigators may sometimes identify a fleeing driver through witness statements, available video footage, vehicle damage, or other evidence.

If the driver is identified, the injured person may have potential legal options through the driver’s liability insurance, depending on the circumstances. Underinsured motorist coverage may also become relevant when applicable liability coverage is insufficient to address the damages involved.

Any criminal proceedings against the driver are separate from a potential civil personal injury claim. The outcome of a criminal case does not automatically determine civil liability, and the evidence surrounding the collision remains important when evaluating an injured person’s legal options.

Common Injuries in Hit-and-Run Crashes

Injuries following a hit-and-run collision can vary depending on the circumstances of the crash. People involved may sustain neck and back injuries, broken bones, traumatic brain injuries, spinal cord injuries, or other injuries requiring medical treatment.

Pedestrians and bicyclists may face additional risks because they lack the protection provided by an enclosed passenger vehicle. When a hit-and-run crash results in death, Virginia’s wrongful death laws may become relevant depending on the circumstances and whether another party’s negligence contributed to the death.

Depending on the facts, available insurance coverage, and applicable law, an injured person may be able to pursue compensation for losses associated with the collision. Medical records, employment documentation, repair estimates, and other available evidence may help establish the nature and extent of those losses.

Contributory Negligence and Filing Deadlines

Virginia’s contributory negligence rule can significantly affect hit-and-run accident claims. The actions of the individuals involved and the specific circumstances surrounding the collision may become relevant when determining responsibility. Even when the other driver leaves the scene, the available evidence remains important when evaluating an injured person’s legal options.

Under Va. Code § 8.01-243(A), most personal injury lawsuits must be filed within two years after the injury. Different requirements may apply depending on the circumstances. An attorney who handles car accident cases can help evaluate the available evidence and applicable deadlines.

Frequently Asked Questions

Who pays for my injuries if the hit-and-run driver is never found?
Uninsured motorist coverage may provide compensation when an unidentified driver causes a collision. Virginia law contains provisions addressing uninsured vehicles whose owners or operators are unknown. Whether compensation is available depends on the circumstances, applicable policy terms, and statutory requirements.

Is leaving the scene of an accident a felony in Virginia?
It can be. Under Virginia Code § 46.2-894, leaving the scene of a crash involving injury, death, or more than $1,000 in damage to attended property may constitute a Class 5 felony. Violations involving $1,000 or less in attended-property damage without injury or death are generally classified as Class 1 misdemeanors.

What if the other car never touched mine?
A no-contact crash involving an unidentified driver may still qualify for uninsured motorist coverage under Virginia law. However, specific reporting and other requirements may apply. Promptly reporting the collision to law enforcement or the insurer can be important when preserving potential legal options.

How long do I have to file a hit-and-run injury claim in Virginia?
Most personal injury lawsuits in Virginia must be filed within two years after the injury. Insurance policies may also impose notice requirements, and different deadlines or procedures may apply depending on the circumstances. Reviewing those requirements early can help an injured person understand the time available to pursue a claim.

A hit-and-run can leave injured people uncertain about their legal options, particularly when the responsible driver cannot be identified. If you or someone you love was hurt by a fleeing driver in Virginia Beach, Norfolk, Chesapeake, Portsmouth, or Suffolk, our Virginia Beach personal injury lawyers can review your insurance coverage and help you take the next step. William Breit brings decades of Hampton Roads trial experience to every case at Breit Law, and you can contact our office to schedule a free consultation.

Map of Virginia Beach, Virginia, where hit-and-run accident victims may have legal options through uninsured motorist coverage and personal injury claims.