Virginia
Virginia Hit and Run Laws: Penalties and What to Do
Under Virginia Code Section 46.2-894, drivers involved in a crash must stop, identify themselves, and render reasonable assistance. Leaving the scene when the accident causes injury, death, or property damage over $1,000 is a Class 5 felony carrying up to 10 years in prison. Minor property damage offenses are misdemeanors.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Virginia Car Accident Settlement Calculator.
Last verified: March 2026. This page reflects current Code of Virginia Sections 46.2-894 through 46.2-902.1.
Overview of Virginia Hit and Run Laws
Virginia law requires every driver involved in a traffic accident to stop, identify themselves, and help anyone who is hurt. The primary statute governing these duties is Code of Virginia Section 46.2-894, which applies to accidents on both public roads and private property under Section 46.2-899.
Leaving the scene of an accident in Virginia carries penalties ranging from a small fine to a decade in prison. The exact charge depends on whether the accident caused property damage only, physical injuries, or death.
Virginia is also unusual because it places a legal duty on passengers to report an accident if the driver fails to do so. Passengers who stay silent can face their own criminal charges, including felony charges in cases involving serious injury or death.
Quick Reference
- Unattended property (under $250 damage): Class 4 misdemeanor, up to $250 fine
- Attended property damage ($1,000 or less): Class 1 misdemeanor, up to 12 months jail and $2,500 fine
- Property damage over $1,000, injury, or death: Class 5 felony, 1 to 10 years in prison
- Passenger failure to report (injury/death): Class 6 felony, up to 5 years in prison
- Police accident report to DMV: investigating officers must file one for any crash involving injury, death, or property damage of $3,000 or more
- Statute of limitations for civil claims: 2 years (personal injury), 5 years (property damage)
Driver Duties After an Accident
Under Section 46.2-894, any driver involved in an accident must take three immediate actions:
1. Stop immediately. Pull over as close to the accident scene as possible without blocking traffic. Do not leave the area until you have completed the remaining steps.
2. Provide your information. Give your name, address, driver's license number, and vehicle registration number to:
- Law enforcement (State Police or local police)
- The injured person, if that person can understand the information
- The driver or occupant of any other vehicle involved
3. Render reasonable assistance. If anyone is injured, you must provide reasonable help. This includes arranging transportation to a hospital or medical facility if treatment appears necessary or if the injured person requests it.
If your own injuries from the crash prevent you from meeting these obligations right away, you must fulfill them as soon as you are reasonably able to do so.
Passenger Reporting Duty
Virginia stands out from most states by imposing a reporting obligation on passengers. Under Section 46.2-895, if the driver leaves without stopping and reporting, every person age 16 or older riding in the vehicle who knows about the accident must ensure a report is filed within 24 hours.
The report must be made to the Virginia State Police or, if the accident happened in a city or town, to the local law enforcement agency. Failure to report carries criminal penalties tied to the severity of the accident.
Unattended Vehicle or Property
Under Section 46.2-896, if you strike an unattended vehicle or other unattended property, you must:
- Make a reasonable effort to find the owner or custodian
- If you find the owner, provide the same information required under Section 46.2-894
- If you cannot find the owner, leave a written note in a visible spot at the scene with your name, address, and vehicle registration number
- File a written report with the State Police or local law enforcement within 24 hours
The written report must include the date, time, and location of the accident, along with a description of the property damage.
Reporting Requirements
Your own reporting duties as a driver come from Section 46.2-894 (crashes involving injury, death, or attended property) and Section 46.2-896 (unattended property), described above.
Separately, under Section 46.2-373, a law-enforcement officer who investigates a crash must forward a written report to the DMV within 24 hours after completing the investigation if the crash resulted in:
- Death of any person
- Injury to any person
- Total property damage of an apparent $3,000 or more
The driver duties in Article 11 apply to accidents on both public highways and private property, as established by Section 46.2-899.
When Hit and Run Is a Misdemeanor
Virginia classifies leaving the scene as a misdemeanor in lower-severity situations:
Class 4 Misdemeanor. Striking an unattended vehicle or property where the damage totals less than $250. The maximum penalty is a $250 fine with no jail time. The DMV assigns 3 demerit points to your driving record.
Class 1 Misdemeanor. Leaving the scene of an accident involving attended property where damage is $1,000 or less and no one is injured. The maximum penalty is 12 months in jail and a $2,500 fine. The DMV assigns 4 demerit points.
Class 2 Misdemeanor. Failing to provide proof of insurance within 30 days when a law enforcement officer requests it at the scene, under Section 46.2-902.1. The maximum penalty is 6 months in jail and a $1,000 fine.
Even a misdemeanor conviction creates a permanent criminal record and can lead to higher insurance premiums.
When Hit and Run Is a Felony
Under Section 46.2-894, leaving the scene becomes a Class 5 felony when the accident results in:
- Injury to any person
- Death of any person
- Property damage exceeding $1,000
A Class 5 felony is a "wobbler" offense in Virginia. The court may impose either:
- Felony punishment: 1 to 10 years in prison and a fine of up to $2,500
- Misdemeanor punishment: Up to 12 months in jail and a fine of up to $2,500
The prosecutor and judge consider factors such as the severity of injuries, whether the driver was impaired, and the driver's criminal history when deciding how to charge and sentence the offense. The DMV assigns 6 demerit points for a hit and run conviction involving injury or death.
Passenger Failure to Report
Under Section 46.2-900, a passenger who fails to report an accident involving injury or death can be charged with a Class 6 felony. A Class 6 felony carries:
- Felony punishment: 1 to 5 years in prison
- Misdemeanor punishment: Up to 12 months in jail and a $2,500 fine
If the unreported accident involved only property damage, the passenger faces a Class 1 misdemeanor (up to 12 months jail, $2,500 fine) or a Class 4 misdemeanor if the damage was under $250.
DUI Involuntary Manslaughter
When a driver causes a fatal accident while under the influence and then leaves the scene, the charges become significantly more severe. Under Section 18.2-36.1, DUI involuntary manslaughter carries:
- Mandatory minimum of 1 year imprisonment
- Maximum of 20 years imprisonment
- Permanent revocation of driving privileges
These penalties apply on top of any hit and run charges.
Penalties Summary Table
| Offense | Classification | Maximum Jail/Prison | Maximum Fine | Demerit Points |
|---|---|---|---|---|
| Unattended property (under $250) | Class 4 Misdemeanor | None | $250 | 3 |
| Attended property ($1,000 or less) | Class 1 Misdemeanor | 12 months | $2,500 | 4 |
| Failure to furnish insurance proof | Class 2 Misdemeanor | 6 months | $1,000 | N/A |
| Property damage over $1,000 | Class 5 Felony | 1-10 years | $2,500 | 6 |
| Injury or death | Class 5 Felony | 1-10 years | $2,500 | 6 |
| Passenger failure to report (death/injury) | Class 6 Felony | 1-5 years | $2,500 | N/A |
| DUI involuntary manslaughter | Felony | 1-20 years | N/A | N/A |
License Suspension and Revocation
A hit and run conviction triggers administrative consequences from the Virginia DMV beyond fines and jail time.
Property damage over $500. Under Section 46.2-901, the court may suspend your driver's license for up to 6 months if the accident resulted only in property damage exceeding $500.
Injury, death, or felony property damage. Under Section 46.2-389, conviction for failing to stop and identify yourself at the scene of an accident resulting in injury or death triggers a mandatory one-year license revocation by the Commissioner of the DMV. The same section also requires revocation for any crime punishable as a felony under the motor vehicle laws, which includes felony hit and run involving more than $1,000 of property damage.
Demerit point accumulation. Virginia's point system can create additional license problems. Accumulating 12 demerit points within 12 months, or 18 points within 24 months, requires completion of a driver improvement clinic. Accumulating 18 points within 12 months, or 24 points within 24 months, results in a 90-day license suspension.
Demerit points for hit and run convictions remain on your record for two years from the date of the offense, as established by Section 46.2-493.
Insurance Consequences
Virginia is an at-fault state, meaning the person who caused the accident is financially responsible for the damages. A hit and run conviction creates serious insurance problems for the at-fault driver.
Rate increases. Insurance companies view hit and run convictions as a major risk factor. Expect substantial premium increases that can last for several years. Some insurers may refuse to renew your policy entirely.
For hit and run victims. If you are the victim of a hit and run and the other driver cannot be identified, you may file a claim under your own uninsured motorist (UM) coverage. Under Virginia Code Section 38.2-2206, all auto insurance policies in Virginia must include UM coverage within limits not less than the minimums in Section 46.2-472. For policies effective on or after January 1, 2025, those minimums are $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage.
When the at-fault driver cannot be identified, Section 38.2-2206 allows (but does not require) a policy to exclude the first $200 of property damage coverage, so check your policy for this deductible. You must also report the accident to law enforcement, as insurers will require a police report to process the claim.
Contributory negligence. Virginia follows the strict contributory negligence rule under Section 8.01-58. If a court finds that you were even partially at fault for the accident, your ability to recover damages from the other driver may be completely barred. This makes it especially important to document the scene and gather evidence after any accident.
What to Do If You Are a Hit and Run Victim
If another driver hits your vehicle and leaves the scene, take these steps to protect your legal rights:
1. Stay at the scene. Do not chase the other driver. Pursuing them can put you in danger and may complicate your legal position.
2. Call 911. Report the accident to police immediately. A police report is essential for both criminal prosecution and insurance claims.
3. Document everything. Write down or photograph:
- The other vehicle's license plate number, if you saw it
- The make, model, and color of the other vehicle
- The direction the other vehicle traveled
- Damage to your vehicle and any injuries
- The time and exact location of the accident
4. Talk to witnesses. Get contact information from anyone who saw the accident. Witness statements can help police identify the other driver.
5. Seek medical attention. Some injuries do not show symptoms right away. Getting examined promptly creates a medical record that supports any future claim.
6. Notify your insurance company. Report the accident to your insurer within 24 to 72 hours. If the other driver is not identified, you can file an uninsured motorist claim.
7. Consult an attorney. Contributory negligence can bar you for even partial fault, so get a free claim review from a Virginia car accident lawyer well before the two-year filing deadline (attorney advertising).
Statute of Limitations
Virginia imposes time limits on both criminal prosecution and civil claims related to hit and run accidents.
Criminal charges. For felony hit and run (injury, death, or property damage over $1,000), there is no statute of limitations in Virginia for felonies. For misdemeanor hit and run, the prosecution must file charges within one year of the offense.
Personal injury claims. You have two years from the date of the accident to file a personal injury lawsuit, under Virginia Code Section 8.01-243.
Wrongful death claims. You have two years from the date of death to file a wrongful death lawsuit.
Property damage claims. You have five years from the date of the accident to file a property damage claim, under Virginia Code Section 8.01-243.
Missing these deadlines generally means losing the right to seek compensation in court.
Virginia Crash Statistics
According to the Virginia Department of Motor Vehicles Traffic Crash Facts, Virginia had approximately 6.1 million licensed drivers and 8.6 million registered vehicles operating on 74,554 miles of roadway in 2024.
The state's five-year average for traffic fatalities stood at 930.6, which was 53 fewer deaths than the target of 966.6 set for 2024. Key trends include:
- Traffic crashes and fatalities remain concentrated in urban corridors, particularly Northern Virginia, Richmond, and Hampton Roads
- Hit and run incidents are a persistent concern, with urban areas seeing the highest rates
- Virginia continues to invest in enforcement, education, and infrastructure improvements to reduce crash fatalities
The Virginia DMV publishes detailed crash data broken down by legislative district, helping lawmakers target road safety resources where they are needed most.
Notable Cases
Fauquier County Fatal Hit and Run (2024). Dennis D. Dunning, 54, was arrested at his residence in connection with a fatal hit and run crash. Virginia State Police tracked down and apprehended Dunning after an investigation, demonstrating that leaving the scene does not prevent eventual identification and prosecution.
Fairfax Repeat Offender (2025). A Fairfax man was charged in a June 2025 hit and run while already facing court proceedings for a similar arrest in 2024. This case shows that repeat hit and run offenses draw enhanced scrutiny from prosecutors and the courts.
Related Virginia Laws
- Virginia Recording Laws
- Virginia Car Seat Laws
- Virginia Child Support Laws
- Virginia Lemon Law
- Virginia Sexting Laws
- Virginia Statute of Limitations
- Virginia Whistleblower Laws
- Murder Sentencing Guidelines by State
More Virginia Laws
Frequently Asked Questions
Is Virginia a no-fault state for car accidents?
No. Virginia is an at-fault (tort) state. The driver who caused the accident is responsible for paying damages. Virginia also follows the contributory negligence rule under Section 8.01-58, which means that if you are found even partially at fault, you may be barred from recovering any damages from the other driver.
Do passengers have a legal duty to report hit and run accidents in Virginia?
Yes. Under Section 46.2-895, every person age 16 or older in the vehicle who knows about the accident must ensure a report is filed within 24 hours if the driver fails to stop and report. Passengers who do not report can face misdemeanor or felony charges depending on the severity of the accident.
What is the statute of limitations for a hit and run in Virginia?
For criminal charges, felony hit and run has no statute of limitations in Virginia. Misdemeanor hit and run must be charged within one year. For civil claims, you have two years to file a personal injury or wrongful death lawsuit and five years for property damage claims.
Can I file an insurance claim if the hit and run driver is never found?
Yes. If the other driver cannot be identified, you can file a claim under your uninsured motorist (UM) coverage. Virginia law requires all auto insurance policies to include UM coverage. Your policy may apply a $200 deductible to property damage when the driver is unknown, and you should have a police report documenting the accident.
What happens to my driver's license after a hit and run conviction in Virginia?
For property damage over $500, the court may suspend your license for up to 6 months under Section 46.2-901. For accidents involving injury or death, or any felony hit and run conviction (including property damage over $1,000), the DMV must revoke your license for one year under Section 46.2-389. You will also receive demerit points: 3 points for minor property damage, 4 points for attended property damage, and 6 points for injury or death cases.
Updates
Corrected who files the police accident report and its $3,000 threshold, updated uninsured motorist minimums to the 2025 limits, clarified that the $200 uninsured motorist deductible is optional, and fixed unattended-property penalty and license revocation details.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 46.2: Motor Vehicles
§ 46.2-894Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penaltyIn forcecited in 5 of our articles
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Katz v. Waterman (Virginia Circuit Court 2002, 59 Va. Cir. 182)“…er County for, among other things, felony hit and run under Va. Code § 46.2-894. It was alleged that Waterman fled the…”
- Jerome Arthur Godwin v. Commonwealth of Virginia (Court of Appeals of Virginia 2024)“…s motion to strike the charge of felony hit and run under Va. Code § 46.2-894.” He argues that “the Commonwealth’s e…”
- United States v. Carter (District Court, E.D. Virginia 2004, 349 F. Supp. 2d 982)“…nviction for “hit and run” in the Commonwealth of Virginia, Va.Code § 46.2-894, constitutes a crime of violence for pu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hit and Run Laws in the United States (2026 Guide), Virginia Hit-and-Run Victims Can Now Seek Punitive Damages Even If the Driver Is Never Found, Virginia Dashcam Laws: Installation, Audio, and Evidence Rules
§ 46.2-895Duty of certain persons accompanying driver to report accidents involving injury, death, or damage to attended propertyIn force
If the driver fails to stop and make the report required by § 46.2-894, every person sixteen years of age or older in the vehicle with the driver at the time of the accident, who has knowledge of the accident, shall have a duty to ensure that a report is made within twenty-four hours from the time of the accident to the State Police or, if the accident occurs in a city or town, to the local law-enforcement agency. The report shall include his name, address, and such other information within his knowledge as the driver is required to report pursuant to § 46.2-894.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- United States v. Carter (District Court, E.D. Virginia 2004, 349 F. Supp. 2d 982)“…ertain persons accompanying a driver to report an accident, Va.Code § 46.2-895, the duties of drivers involving damage…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.2-896Duties of driver in event of accident involving damage only to unattended propertyIn forcecited in 2 of our articles
The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver is required to report pursuant to § 46.2-894 if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency. Such note or other information and written report shall contain the information that the driver is required to report pursuant to § 46.2-894. The written report shall, in addition, state the date, time, and place of the accident and the driver's description of the property damage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Durney v. Doss (Court of Appeals for the Fourth Circuit 2004, 106 F. App'x 166)“…DURNEY v. DOSS 5 See also Va. Code Ann. § 46.2-896 (requiring driver who damages unattende…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Car Accident Laws: Fault, Insurance, and Your Claim
§ 46.2-900Penalty for violation of §§ 46.2-895 through 46.2-897In force
Any person convicted of violating the provisions of §§ 46.2-895 through 46.2-897 shall, if such accident results in injury to or the death of any person, be guilty of a Class 6 felony. If such accident results only in damage to property, the person so convicted shall be guilty of a Class 1 misdemeanor; however, if the vehicle or other property struck is unattended and such damage is less than $250, such person shall be guilty of a Class 4 misdemeanor. A motor vehicle operator convicted of a Class 4 misdemeanor under this section shall be assigned three demerit points by the Commissioner of the Department of Motor Vehicles.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 46.2-901Suspension of driver's license for failure to report certain accidentsIn force
Any person convicted of violating the provisions of §§ 46.2-894 through 46.2-897 may be punished, in addition to the penalties provided in §§ 46.2-894 and 46.2-900, if such accident resulted only in damage to property and such damage exceeded $500, by suspension of his license or privilege to operate a motor vehicle on the highways of the Commonwealth for a period not to exceed six months by the court. This section shall in no case be construed to limit the authority or duty of the Commissioner with respect to revocation of licenses for violation of §§ 46.2-894 through 46.2-897 as provided in Article 10 (§ 46.2-364 et seq.) of Chapter 3 of this title. Any license revoked under the provisions of this section shall be surrendered to the court to be disposed of in accordance with the provisions of § 46.2-398.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 46.2-389Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptionsIn force
A. The Commissioner shall forthwith revoke, and not thereafter reissue for a period of time specified in subsection B, except as provided in § 18.2-271 or § 18.2-271.1, the driver's license of any resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of a state law or a valid county, city, or town ordinance or law of the United States, or a law of any other state, substantially paralleling and substantially conforming to a like state law and to all changes and amendments of it: 1. Voluntary or involuntary manslaughter resulting from the driving of a motor vehicle; 2. Violation of § 18.2-266 or § 18.2-272, or subsection A of § 46.2-341.24 or violation of a substantially similar local ordinance; 3. Perjury or the making of a false affidavit to the Department under this chapter or any other law of the Commonwealth requiring the registration of motor vehicles or regulating their operation on the highways; 4. The making of a false statement to the Department on any application for a driver's license; 5.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1989
Opinions citing this section in our collection:
- United States v. Knott (District Court, E.D. Virginia 1989, 726 F. Supp. 1042)“…ndatory revocation of driver’s license for DWI conviction); Va.Code Ann. §§ 46.2-389; 46.2-391 (RepI.Vol.1989) (same). As ex…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.2-493Demerit points valid for two yearsIn force
Demerit points, assigned to any conviction, or finding of not innocent in the case of a juvenile, shall be valid for a period of two years from the date the offense was committed. Demerit points used prior to the termination of the two-year period as the basis for suspension, revocation, probation, or other action which extends beyond the two-year period shall remain valid until the suspension, revocation, probationary period, or other action has terminated.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 46.2-902.1Officer may require certain motorists to furnish proof of insurance; penaltyIn force
Any law-enforcement officer present at the scene of a motor vehicle accident as to which a law-enforcement officer is required by § 46.2-373 to file an accident report with the Department may require the operator of any motor vehicle involved in such accident to furnish proof that the vehicle he was operating at the time of such accident was an insured motor vehicle as defined in § 46.2-705. Failure to furnish proof of insurance when required by a law-enforcement officer as provided in this section within thirty days shall constitute a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 46.2-373Report by law-enforcement official investigating accidentIn forcecited in 2 of our articles
A. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $3,000 or more, either at the time of and at the scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the Department. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved in the accident. A law-enforcement agency may utilize a contracted service provider to forward reports electronically to the Department in compliance with this section and to manage or disseminate copies of such reports to persons identified in, and in a manner consistent with, § 46.2-380, provided such contracted service provider complies with the requirements applicable to an agency in Chapter 38 (§ 2.2-3800 et seq.) of Title 2.2. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- Burrell v. Virginia (Court of Appeals for the Fourth Circuit 2005, 395 F.3d 508)“…formation of the parties, of any accident involving injury. Va.Code Ann. § 46.2-373(A). The officer thus had probable cause…”
- Burrell v. Commonwealth of VA (Court of Appeals for the Fourth Circuit 2005, 395 F.3d 508)“…rmation of the parties, of any accident involv- ing injury. Va. Code Ann. § 46.2-373(A). The officer thus had proba- ble cau…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.2-472Coverage of owner's policyIn forcecited in 2 of our articles
A. For all policies effective on or after January 1, 2022, but prior to January 1, 2025, every motor vehicle owner's policy shall: 1. Designate by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is intended to be granted. 2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or motor vehicles with the permission of the named insured. 3. Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by accident and arising out of the ownership, use, or operation of such motor vehicle or motor vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $30,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $60,000 because of bodily injury to or death of two or more persons in any one accident, and to a…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- MacDougall v. Hartford Ins. Group (Virginia Circuit Court 2003, 61 Va. Cir. 181)“…mited to the minimum financial responsibility limits set by Va. Code § 46.2-472. This issue is framed by Paragraph B.4,…”
- Field v. Transcontinental Insurance (District Court, E.D. Virginia 1998, 219 B.R. 115)“…38.2-2205, the .omnibus insurance clause at issue here, to Va.Code § 46.2-472. This reference demonstrates that when…”
- Insurance Co. of North America v. MacMillan (Court of Appeals for the Fourth Circuit 1991, 945 F.2d 729)“…bodily injury or death to one person in any one accident. Va. Code Ann. § 46.2-472 (3). . A violation of that notice…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 38.2: Insurance
§ 38.2-2206Uninsured motorist insurance coverageIn forcecited in 2 of our articles
A. Except as provided in subsection J, no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.2-472. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless any one named insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in subsection B of § 38.2-2202. This rejection of the additional uninsured motorist insurance coverage by any one named insured shall be binding upon all insureds under such policy.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- MacDougall v. Hartford Ins. Group (Virginia Circuit Court 2003, 61 Va. Cir. 181)“…es Overview All parties recognize that pursuant to Va. Code § 38.2-2206(A), Virginia auto liability policies af…”
- O'Neil v. United States Automobile Ass'n (Virginia Circuit Court 2002, 57 Va. Cir. 257)“…inia Auto Policy at 10. The Uninsured Motorist Statute, Va. Code § 38.2-2206 Last, both parties agree, as does t…”
- Atkinson v. Penske Logistics, L.L.C. (Virginia Circuit Court 2003, 61 Va. Cir. 223)“…ng the insurer as provided in subsection B of § 38.2-2202.” Va. Code § 38.2-2206(A) (2001) (emphasis added). “This rejec…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 8.01: Civil Remedies and Procedure
§ 8.01-243Personal action for injury to person or property generally; extension in actions for malpractice against health care providerIn forcecited in 10 of our articles
A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues. An infant's claim for medical expenses pursuant to subsection B of § 8.01-36 accruing on or after July 1, 2013, shall be governed by the applicable statute of limitations that applies to the infant's cause of action. C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows: 1. In cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patient's body, for a period of one year from the date the object is discovered or reasonably should have been discovered; 2.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 376 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Dunlap v. Cottman Transmissions Systems (2014) held Section 8.01-243(B)'s five-year property period governs tortious interference claims, not the two years in (A). Dixon v. Messer (2003) read the (C)(2) extension to cover fraud, concealment and intentional misrepresentation, but not negligence.
Opinions citing this section in our collection:
- Herman v. McCarthy Enterprises, Inc. (Virginia Circuit Court 2002, 61 Va. Cir. 697)✓Homeowners sued the subcontractor that applied synthetic stucco to their new house. The court held they sought damages for injury to property, not personal injury, so subsection (B)'s five-year period applied rather than subsection (A)'s two years, and it denied the plea in bar.
- Ansari v. Pahlavi (Virginia Circuit Court 1991, 23 Va. Cir. 402)✓A businessman sued in detinue to recover corporate stock he said was held only as collateral. The court held detinue is governed by the five-year property-injury period of 8.01-243(B) rather than the one-year catch-all, and denied summary judgment on limitations grounds.
- Dixon v. Messer (Virginia Circuit Court 2003, 61 Va. Cir. 527)✓A former surgical patient sued her surgeon after the two-year period ran. The court held 8.01-243(C)(2) extends that period only for actual fraud, concealment or intentional misrepresentation, which the patient must prove by clear and convincing evidence, and sent it to a jury.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Dog Bite Laws: Liability and Victim Rights, Medical Malpractice Laws in Virginia (2026): Deadlines & Caps, Motorcycle Accident Laws in Virginia (2026): Deadlines & Helmets
Code of Virginia, Title 18.2: Crimes and Offenses Generally
§ 18.2-36.1Certain conduct punishable as involuntary manslaughterIn forcecited in 2 of our articles
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment. C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- United States v. Gomez-Leon (Court of Appeals for the Ninth Circuit 2008, 545 F.3d 777)“…cular manslaughter” and requires only ordinary negligence); Va.Code Ann. § 18.2-36.1 (offense called "involuntary manslaught…”
- Rodolfo Bejarano-Urrutia v. Alberto R. Gonzales, Attorney General (Court of Appeals for the Fourth Circuit 2005, 413 F.3d 444)“…a grand jury for aggravated involuntary manslaughter, see Va.Code Ann. § 18.2-36.1 (LexisNexis 2004), and for driving unde…”
- Aaron Alphonso Garcia v. Alberto R. Gonzales, Attorney General (Court of Appeals for the Fourth Circuit 2006, 455 F.3d 465)“…ed for aggravated involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.1 (b) and for driving under the influence…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Manslaughter Laws: Class 5 Felonies and DUI Manslaughter
Sources and References
- Code of Virginia Section 46.2-894: Duty of driver to stop in event of accident involving injury or death or damage to attended property(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-895: Duty of certain persons accompanying driver to report accidents(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-896: Duties of driver in event of accident involving damage only to unattended property(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-900: Penalty for violation of Sections 46.2-895 through 46.2-897(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-901: Suspension of driver license for failure to report certain accidents(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-902.1: Officer may require certain motorists to furnish proof of insurance(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-373: Report by law-enforcement official investigating accident(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-389: Required revocation for one year upon conviction of certain offenses(law.lis.virginia.gov).gov
- Code of Virginia Section 46.2-493: Demerit points valid for two years(law.lis.virginia.gov).gov
- Code of Virginia Section 38.2-2206: Uninsured motorist insurance coverage(law.lis.virginia.gov).gov
- Code of Virginia Section 18.2-36.1: Certain conduct punishable as involuntary manslaughter(law.lis.virginia.gov).gov
- Code of Virginia Section 8.01-243: Personal action for injury to person or property generally(law.lis.virginia.gov).gov
- Code of Virginia Article 11: Accidents (Sections 46.2-894 through 46.2-902.1)(law.lis.virginia.gov).gov
- Virginia DMV Traffic Crash Facts(dmv.virginia.gov).gov
- Virginia DMV Moving Violations and Point Assessments(dmv.virginia.gov).gov
- Code of Virginia Section 46.2-472: Owner's policy of liability insurance(law.lis.virginia.gov)
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