In Virginia it is important to know that passengers, not just the driver, can be criminally charged with failure to report an accident. If an accident occurs, every person in the car who is 16 years old or older has a duty to ensure that a report is made to law enforcement within 24 hours of the accident.
The penalties for failure to report vary based upon the seriousness of the accident. If the accident resulted in injury or death, and goes unreported, passengers can be charged with and convicted of a Felony. Accidents that only cause property damage can result in Misdemeanor charges and convictions for the passengers.
The below Virginia statutes detail a passenger’s duty to report accidents involving attended vs. unattended property:
- 46.2-895. Duty of certain persons accompanying driver to report accidents involving injury, death, or damage to attended property.
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.
- 46.2-897. Duty of certain persons accompanying driver to report accidents involving damage only to unattended property.
If the driver fails to stop and make a reasonable search for the owner or custodian of an unattended vehicle or property or to leave a note for such owner or custodian as required by § 46.2-896, 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 facts within his knowledge as are required by § 46.2-896 to be reported by the driver.
The penalties for violating the above statutes can be found in Virginia Code §46.2-900. The most seriously penalty would be for not reporting an accident involving injury or death, which would be a Class 6 Felony. Failure to report property damage of over $250 to either attended or unattended property can be charged as a Class 1 Misdemeanor. Failure to report under $250 worth of damage to unattended property can be charged as a Class 4 Misdemeanor.
Passengers may feel that they were not driving the vehicle and therefore should not be responsible for reporting the accident. However, that is not the case under Virginia law.
If you have questions about a Hit and Run charge in Richmond, Henrico, Chesterfield, or the surrounding counties, please contact the attorneys of Winslow & McCurry, PLLC at (804)423-1382 or email us at info@wmmlegal.com.
