Can I bring a personal injury case against a hit and run driver in Virginia?


Yes. Virginia law allows you to bring a claim or file a lawsuit against a hit and run driver who caused a car accident, even if that driver is never identified.

There are several things that you should do immediately after the car accident to document your claim, however.

First, make sure that you call the police and get an officer out to the scene to take down any information that you have – license plate numbers, make and model of the car, description of the driver or of the property damage. Sometimes the police are able to find the hit and run driver based on a description of the damage done to the vehicle. In that case, you would not have to make a personal injury claim against an unknown driver.

Second, make sure that you call your auto insurance company and report the claim. Again, it is important to document your claim from the very beginning and to be specific about any details you know of the other driver.

Third, if you are injured, you should seek medical attention as soon as possible, just like you would in any other car accident case.

Finally, if you are seriously injured or if your auto insurance company begins to give you the runaround, you should contact an experienced Fairfax personal injury attorney to discuss your case.

Free Consultation

Please call us (703) 385-1100 or fill out the below form and we will respond shortly..


At David Marks Law, we are devoted to achieving the best possible result for our clients in each and every case. Whether that means reaching an early settlement with the insurance company or taking your auto accident case all the way through a jury trial, we work with our clients to understand their wants and needs and to implement a plan to achieve those goals.