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Hit-and-Run Car Accidents: What the New Law Means for Virginia Drivers
NEW VIRGINIA ACCIDENT LAW
Hit-and-run accidents leave behind more than physical damage, as those affected are often left injured and without answers. A new Virginia law aims to provide additional options for injured drivers to pursue punitive damages in hit-and-run cases.
Rutter Mills hit-and-run car accident lawyers explain the new statute and describe how Virginia law addresses these types of cases.
New Law for Virginia Hit-and-Run Car Accidents
Beginning July 1, 2026, a new law now allows Virginia courts to award punitive damages in cases involving hit-and-run accidents.
§ 8.01-44.5:1. Punitive damages; hit and run drivers.
In any action for personal injury or death or property damage arising from conduct that constitutes a felony violation of § 46.2-894, punitive damages may be awarded to the plaintiff.
This means injured parties may be able to pursue punitive damages in certain hit-and-run cases, in addition to compensatory damages for medical bills, lost wages, property damage, and pain and suffering.
Punitive Damages vs. Compensatory Damages
In cases where one party is injured by another, damages refers to money intended to address the impact of the injury.
Compensatory Damages cover losses related to the accident, including medical expenses, lost income, and the physical and emotional impact of injuries. They compensate for what was lost in the accident.
Punitive Damages punish particularly reckless or willful misconduct and deter similar behavior in the future. They punish bad actors for hurting others.
Virginia 2026 HB 1479 expands the circumstances for individuals to pursue punitive damages in hit-and-run car accident cases—an attempt by the state to deter drivers from leaving the scene of an accident.
BROTHER RUTTER EXPLAINS THE LAW ON WTKR
Managing Partner, Brother Rutter was invited to WTKR’s studio in Norfolk to discuss the new traffic laws. He explains what the new laws does for accident victims and why the Virginia legislature passed the bill. You can watch the story on WTKR’s website here.
What the New Law Means for Hit-and-Run Accidents in Virginia
By allowing punitive damages to be awarded in hit-and-run cases, Virginia law gives courts a way to punish drivers who flee the scene after causing serious crashes. This sends a clear message that drivers may incur financial as well as criminal consequences for leaving the scene after a crash.
Punitive damages are not available in every Virginia car accident case, and are generally reserved for conduct considered especially reckless, willful, or malicious.
Who Pays for Damages After a Hit-and-Run?
If the hit-and-run driver is identified, an injury claim can be filed against the driver and their insurance company. Under Virginia’s new law, the injured party may be able to pursue both compensatory and punitive damages.
For insurance purposes, Virginia generally treats unidentified hit-and-run drivers similarly to uninsured drivers. As a result, uninsured motorist coverage may apply in many hit-and-run cases.
What Happens If the Hit-and-Run Driver Is Never Found?
If the at-fault driver cannot be identified, the claim may shift to the injured person’s uninsured motorist (UM) coverage. In Virginia, UM coverage exists specifically to protect drivers and passengers in situations involving uninsured or unidentified motorists, including many hit-and-run crashes.
In some cases, UM coverage may apply to both compensatory and punitive damages after a hit-and-run crash.
How Rutter Mills Handles Hit-and-Run Cases
When a driver flees the scene of a crash, identifying them may require an active investigation. That’s why Rutter Mills personal injury law firm employs former police officers and detectives, who go out into the field and work the case.
Our experienced investigators can locate surveillance cameras, interview eyewitnesses, and obtain dashcam footage to help identify the hit-and-run driver. Combining their investigative experience with the expertise of our car accident lawyers is what makes Rutter Mills the hit and run crash experts.
Rutter Mills Hit-and-Run Case Result
In a recent hit-and-run case handled by Rutter Mills, a minor was riding a scooter through downtown Norfolk. A car sped through an intersection and hit the child with enough force to break the scooter in half.
The Driver Never Stopped.
Bystanders called 911. The boy was rushed to the hospital with serious injuries. A skull fracture was later discovered, after some of the swelling had gone down.
A Family Searches for Answers After the Accident
The family was in tears during a consultation with the Rutter Mills legal team. Heartbroken over the impact of the injuries, the boy worried he wouldn’t be able to play football again. Having played on both offense and defense, he took pride in competing on the field and feared his injuries could affect his future as a player.
The boy’s parents were facing mounting medical bills while coping with the emotional trauma of seeing their child hurt. As the police investigation moved slowly and the driver remained at large, their frustration only grew.
Legal Investigation Brings New Evidence to Light
Rutter Mills injury attorney Adam Lotkin and his team got to work. With the support of our investigators (including two former police detectives), we worked to identify and locate the driver. Our in-house investigators walked the scene, spoke to witnesses who worked in the vicinity, and obtained video footage of the crash.
The footage showed the driver traveling above the posted speed limit, failing to brake, and then accelerating after impact.
Our investigators sent the footage to the Norfolk Police Department. With this new evidence provided by Rutter Mills, law enforcement was able to identify the other driver, and charge them with a felony.
As the court date neared, negotiations intensified between our legal team and the defendant’s insurance company. Adam remained steadfast, refusing to accept low offers that failed to account for the severity of the boy’s injuries and long-term impact of the crash.
Case Concludes With Significant Recovery
Through detailed investigation, critical video evidence, and persistent negotiation, Rutter Mills helped this family move forward with the support they needed after a devastating hit-and-run crash. With a clean bill of health, our client and his family are looking forward to seeing the boy back on the field next season.
Hit-and-Run Crash Experts
Rapid-response investigations are a benefit most law firms simply can’t provide—but Rutter Mills can.
Contact the hit-and-run experts at Rutter Mills for a free legal consultation.
Our team is always available: (757) 777-7777.
