Punitive Damages in Virginia Hit-and-Run Cases

Recent changes to Virginia law are expanding the circumstances for punitive damages in certain hit-and-run offenses. While punitive damages are not available in every case, they may be pursued in certain hit-and-run cases involving conduct that constitutes a felony violation:

• Driver flees the scene
• Other parties are injured
• Property damage over $1K

Punitive damages are separate from compensation for medical bills, lost wages, and pain and suffering. Virginia courts may award punitive damages to punish the driver who fled the scene and discourage similar behavior.

Compensation may be available through the at-fault driver’s insurance or the injured party’s uninsured motorist (UM) coverage, as well as underinsured motorist (UIM) coverage. In Virginia, many hit-and-run cases are treated as uninsured motorist claims, particularly when the fleeing driver cannot be located.

These insurance policies may provide compensation for:

• Medical expenses
• Lost income
• Reduced earning ability
• Pain and suffering
• Emotional distress
• Vehicle damage
• Permanent injury or disability
• Punitive damages

Seeking compensation from an unknown driver is a challenge unique to hit and run cases, but whether or not the other driver is found, those hurt in hit-and-run crashes have legal options.

Can a Hit-and-Run Driver Be Found?

Hit-and-run drivers may be identified through witness statements, surveillance footage, traffic cameras, dashcam recordings, vehicle debris, and license plate information.

Early investigation can help locate witnesses and uncover evidence before it disappears. After a hit-and-run, it’s important to contact an injury lawyer right away to begin the investigative process.

When Is a Virginia Hit-and-Run a Misdemeanor vs. a Felony?

Depending on the severity of the crash, injuries, and property damage, a hit-and-run driver may face criminal charges ranging from a misdemeanor to a felony. A driver can be found guilty of a felony hit-and-run if they flee the scene after causing injury or death to another individual, or over $1,000 of property damage.

Misdemeanor Hit-and-Run

A driver may face misdemeanor charges when the accident causes $1,000 or less in property damage.

The consequences for a misdemeanor hit-and-run include:

• Up to 12 months in jail
• Fines up to $2,500
• Driver’s license suspension

Examples include hitting a parked car, mailbox, fence, sign, or other vehicle, and fleeing the scene.

Felony Hit-and-Run

A hit-and-run can become a felony when the crash causes more than $1K in property damage, injuries, or death.

Felony hit-and-run charges carry much more severe consequences, including possible prison time, license suspension, and a permanent criminal record.