I Was Injured by a Hit-and-Run Driver. Do I Still Have a Case?

Being injured by a hit‑and‑run driver often leaves victims believing they have no legal options because the at‑fault driver cannot be identified. Despite serious criminal penalties for fleeing the scene, hit‑and‑run crashes remain common in Virginia and across the country. Recognizing this, Virginia allows injured people to pursue compensation through uninsured motorist coverage, even when the responsible driver is never found.

Driver’s Duty to Stop at an Accident Scene

Virginia law is explicit about a driver’s legal responsibilities following a crash. Under Va. Code § 46.2‑894, a driver involved in an accident that causes injury, death, or damage to attended property must:

1. Immediately stop as close to the scene as possible;
2. Provide identifying information, including name, address, driver’s license number, and vehicle registration; and
3. Render reasonable assistance to injured persons, including arranging medical care when necessary.

When a driver flees after causing injury, death, or more than $1,000 of property damage, the offense is a felony.[1]

Data on Hit-and-Run Crashes

Despite these serious consequences, hit-and-run accidents are very common. National data compiled by the AAA Foundation for Traffic Safety shows that approximately 15% of all police‑reported crashes in 2023 involved a driver who fled the scene, resulting in hundreds of thousands of injuries and thousands of deaths.[2] Even more troubling, the AAA found that nearly one in four crashes where a pedestrian or cyclist was injured or killed involved a hit-and-run driver.[3] Similarly, the Virginia Department of Motor Vehicles reported that there were more than 6,000 hit-and-run crashes in Virginia in 2024 alone.[4] These numbers make clear that hit-and-run crashes are not isolated incidents. They are a recurring public safety issue.

Filing a “John Doe” Lawsuit in Virginia

In the criminal context, there is no one to prosecute if the at-fault driver cannot be identified. This often gives victims injured by hit-and-run drivers the misconception that they must not have a civil case if the at-fault driver cannot be identified. But fortunately, Virginia law provides a civil remedy for victims injured or killed by a hit-and-run driver. Virginia’s uninsured motorist statute, Va. Code § 38.2-2206, sets forth that a motor vehicle “shall be deemed uninsured if its owner or operator is unknown.”[5] Therefore, a victim injured or killed by an unknown hit-and-run driver can file a lawsuit against “John Doe” and serve a copy of the lawsuit on the victim’s own insurance company.[6] The victim’s auto insurance company will then hire a lawyer to defend the unknown motorist.

Will a “John Doe” Claim Increase My Insurance Premiums?

Some of our potential clients are hesitant to bring a John Doe claim because they are worried that the uninsured motorist claim will increase their insurance premiums. Victims injured by unidentifiable drivers should not have this concern for two reasons. First, injured victims pay monthly premiums for uninsured motorist coverage that is designed to protect them in this specific situation. But more importantly, Va. Code § 38.2-1905(A) expressly forbids auto insurance companies from increasing their insured’s premium or charging points under a safe driver insurance plan as a result of a motor vehicle accident that was not caused by the insured, a household resident, or other customary operator. This means auto insurance companies cannot increase premiums for a John Doe claim arising from a fleeing driver’s negligence.

Can Pedestrians or Cyclists File “John Doe” Claims?

Pedestrians or cyclists often think they cannot bring a John Doe claim against their own insurance company because they were not operating a motor vehicle at the time of the crash. But under Virginia law and most auto insurance policies, pedestrians and cyclists struck by hit-and-run drivers can generally bring John Doe claims.[7] The particular language of your auto insurance policy will play a significant role in determining whether the uninsured motorist coverage applies to your specific situation. Insurance coverage can be a complicated question, but you should never assume that your auto insurance policy does not apply. This is especially true because, when there is an ambiguity in the policy language, Virginia courts will interpret the ambiguity in favor of the insured.[8]

How Much Uninsured Motorist Coverage Do I Have?

You can determine the amount of your uninsured motorist coverage by asking your agent or insurance company for a copy of the “declarations page” of your policy. If you live in Virginia and own a vehicle, you likely have at least $50,000 in uninsured motorist coverage. This is because Virginia now requires all motor vehicles to have at least $50,000 of liability insurance,[9] and the uninsured motorist limits must at least equal the minimum liability limits.[10]

But I Don’t Have Auto Insurance. Do I Still Have a Case?

Even if you do not have any auto insurance policies, you may still be able to make a John Doe claim and recover for your injuries. Under Virginia law, underinsured motorist coverage extends to all household relatives. For example, let’s say the person injured by a hit-and-run driver does not own a vehicle and does not pay for auto insurance, but they were living with their parents at the time of the crash. They would still have a John Doe claim for the uninsured motorist coverage under their parents’ auto insurance policy.

Identifying the At-Fault Driver Still Matters

Although Virginia law provides a path forward when the driver is unknown, cases are often stronger when the at‑fault driver can be identified. Identified drivers may have bodily injury liability insurance, umbrella policies, employer coverage, or other assets that increase available compensation. For this reason, time is often critical in hit‑and‑run cases. Nearby businesses, traffic cameras, residential security systems, and dash cameras frequently capture valuable evidence. But most surveillance systems automatically overwrite footage within days or weeks as part of routine retention policies. When investigations begin early, it is possible to recover video evidence that leads to the identification of the fleeing driver. But when too much time passes, that evidence may be permanently lost.

Summary

Being injured by a hit‑and‑run driver does not mean you are without legal options. Virginia law expressly allows injured people to bring claims, even when the driver cannot be identified, through uninsured motorist coverage and John Doe litigation. However, these cases involve time‑sensitive investigations, strict legal requirements, and can pose tricky insurance coverage questions. If you or a loved one has been injured in a hit‑and‑run crash in Virginia, it is important to get accurate information about your options sooner rather than later.

[1] Va. Code § 46.2-894.
[2] Understanding the Increase in Fatal Hit‑and‑Run Crashes: Prevalences of Crashes, Injuries, and Deaths, United States, 2017–2023, AAA Foundation for Traffic Safety, (Mar. 2026), https://newsroom.aaa.com/wp-content/uploads/2026/03/202603-AAAFTS-Hit-and-Run-Crashes.pdf.
[3] Id.
[4] 2024 Virginia Traffic Crash Facts, Va. Dep’t of Motor Vehicles (2024), https://www.dmv.virginia.gov/sites/default/files/documents/VA-traffic-crash-2024.pdf.
[5] Va. Code § 38.2-2206(A).
[6] Va. Code § 38.2-2206(E).
[7] See Nationwide Mut. Ins. Co. v. Smelser, 264 Va. 109, 113-14 (2002) (auto insurer conceded that uninsured motorist coverage can apply to pedestrian’s injuries); Ins. Co. of N. Am. v. Perry, 204 Va. 833, 836 (1964) (same).
[8] See St. Paul Fire & Marine Ins. Co. v. S.L. Nusbaum & Co., 227 Va. 407, 411 (1984) (“The courts, accordingly, have been consistent in construing the language of such policies, where there is doubt as to their meaning, in favor of that interpretation which grants coverage, rather than that which withholds it. Where two constructions are equally possible, that most favorable to the insured will be adopted.”)
[9] See Va. Code § 46.2-706(A) (requiring auto insurance); Va. Code § 46.2-472(B)(3) (setting the minimum limits at $50,000 per person).
[10] Va. Code § 38.2-2202(B).