A driver hits you while you’re crossing the street, then speeds off. No license plate. No apology. Just tire marks and your injuries.
Hit‑and‑run pedestrian accidents feel especially unfair. You’re hurt, you need medical care, and the person responsible disappeared. But fleeing the scene doesn’t let a driver off the hook, and it doesn’t eliminate your options for compensation.
At Antezana & Antezana, LLC., we’ve handled enough hit‑and‑run cases to know what works. The investigation starts immediately, and your insurance coverage matters more than you might think.
Virginia’s Hit And Run Laws
Leaving the scene of an accident is a crime in Virginia. Under Virginia Code § 46.2‑894, any driver involved in an accident resulting in injury must stop, provide identification, and render reasonable assistance. Failing to do so is a Class 5 felony if someone was injured.
That’s up to 10 years in prison. The penalties get more severe if the injuries are serious or fatal.
These criminal consequences don’t help you pay medical bills right now, but they do motivate law enforcement to investigate. Police take hit‑and‑run cases seriously.
What To Do Immediately After A Hit And Run
Your first priority is medical care. Call 911. Even if you don’t think you’re badly hurt, get checked out. Shock and adrenaline mask pain. Injuries that seem minor can turn serious.
While you’re waiting for help, try to remember details about the vehicle. Color, make, model, or any part of the license plate. The direction the driver went. Did anyone else see what happened?
If You Can Safely Do So:
- Take photos of the scene, your injuries, and any debris or tire marks
- Get contact information from witnesses before they leave
- Note nearby businesses or homes that might have security cameras
- Write down everything you remember as soon as possible
Don’t chase the vehicle. Don’t put yourself at further risk. Just gather what you can and let the police handle the rest.
How Police Investigate Hit And Run Cases
Law enforcement uses multiple methods to track down drivers who flee. They’ll canvas the area for surveillance footage from businesses, traffic cameras, and home security systems. They’ll check body shops for vehicles with fresh damage. They’ll review witness statements and physical evidence left at the scene.
Paint transfer on your clothing can identify the vehicle color. Broken headlight pieces or mirror fragments might contain serial numbers that trace back to specific makes and models.
If someone got a partial plate number, police can narrow the search using vehicle descriptions and the area where the accident occurred. Social media sometimes helps, too. Witnesses post about what they saw, and those posts can generate tips.
Not every hit‑and‑run driver gets caught. But when you report it immediately and provide whatever details you can, you give law enforcement the best chance.
Your Insurance Coverage After A Hit And Run
This is where uninsured motorist coverage becomes vital. If you have auto insurance, check your policy for uninsured motorist (UM) and underinsured motorist (UIM) coverage. These provisions exist specifically for situations where the at‑fault driver can’t be identified or doesn’t have insurance.
In Virginia, insurance companies must offer UM/UIM coverage when you purchase a policy. You can reject it in writing, but if you didn’t explicitly decline it, you likely have it.
UM coverage treats the hit‑and‑run driver as uninsured. Your own insurance company compensates you for medical expenses, lost wages, and pain and suffering, up to your policy limits. You’re still making a claim for someone else’s negligence. You’re just filing it through your own insurer because the other driver isn’t available.
Dealing With Your Insurance Company
Your insurer has an obligation to investigate and pay valid UM claims. But they’re still a business, and they’ll look for reasons to reduce what they owe.
They may question whether a hit‑and‑run actually occurred. They’ll want a police report. They’ll ask why you couldn’t get a license plate number. They’ll scrutinize your injuries and treatment.
This is where documentation matters. Police reports, medical records, witness statements, and photos of the scene. Everything that proves what happened and how severely you were hurt.
Don’t give a recorded statement to your insurance company without talking to an Arlington pedestrian accident lawyer first. What you say can be used to minimize your claim.
What If You Don’t Have UM Coverage
If you rejected UM coverage or don’t have auto insurance at all, your options narrow significantly. You can still pursue compensation if the driver is eventually identified, but that’s uncertain.
Medical payments coverage under your auto policy might cover some initial treatment costs. Health insurance will handle medical bills, though you may face copays and deductibles.
Some pedestrians qualify for crime victim compensation through the Virginia Criminal Injuries Compensation Fund. This state program provides limited financial assistance to victims of violent crimes, including hit‑and‑run accidents.
Time Limits And Legal Deadlines
Virginia’s statute of limitations for personal injury claims is two years from the date of the accident. That applies whether you’re suing the at‑fault driver or making a UM claim through your own insurance.
Two years sounds like a long time. It’s not. Police investigations take time. Medical treatment continues for months. Insurance negotiations drag on.
If the hit‑and‑run driver is identified after you’ve filed a UM claim, you may have the option to pursue both the driver’s insurance and your UM coverage. But coordinating these claims requires careful timing.
Building A Case Without A Known Driver
Even without an identified driver, you need to prove several things to recover through UM coverage. You must show that a vehicle struck you, that the driver left the scene, that you suffered compensable injuries, and that you did everything reasonable to identify the driver.
We gather witness affidavits, obtain police reports, collect surveillance footage, and document your injuries with thorough medical records. The absence of an identified driver doesn’t mean the absence of proof.
Moving Forward After A Hit And Run
Hit‑and‑run pedestrian accidents are frustrating and frightening. The driver who caused your injuries walked away, and you’re left dealing with the aftermath. But you’re not powerless. Police may still find the driver. Your UM coverage can provide compensation even if they don’t. An experienced Arlington pedestrian accident lawyer can handle the investigation and insurance negotiations while you focus on recovery. Reach out to our team so we can review your situation and explain what options you have going forward.