What are the statutory duties of a driver, in order?
Four duties apply to a driver in a crash that injures or kills someone. Follow them in this order.
- Stop. Stop as close to the scene as possible without obstructing traffic (Va. Code § 46.2-894 (opens in a new tab)).
- Render aid. Give reasonable assistance to any person injured (Va. Code § 46.2-894 (opens in a new tab)).
- Report your details. Report name, address, driver's license number and vehicle registration number "forthwith" to the State Police or the local law-enforcement agency. If injuries prevent this, make the report as soon as reasonably possible (Va. Code § 46.2-894 (opens in a new tab)).
- Notify police. The driver, or someone acting for the driver, must immediately give notice of the accident to a law-enforcement officer when it results in injury to or death of any person (Va. Code § 46.2-371 (opens in a new tab)).
| Duty | Statute | When |
|---|---|---|
| Stop near the scene | § 46.2-894 (opens in a new tab) | At the time of the crash |
| Render reasonable assistance | § 46.2-894 (opens in a new tab) | At the scene |
| Report name, address, license and registration numbers | § 46.2-894 (opens in a new tab) | "Forthwith," or as soon as reasonably possible if injuries prevent it |
| Notify a law-enforcement officer | § 46.2-371 (opens in a new tab) | Immediately, when anyone is injured or killed |
| Passenger report if the driver left | § 46.2-895 (opens in a new tab) | within twenty-four hours |
When must police be notified, and when does an officer file a report?
Notice to police is required when a crash injures or kills anyone.
If the driver fails to stop and report, each person 16 or older in the vehicle who knows of the accident must ensure that a report is made within twenty-four hours to the State Police or, in a city or town, the local law-enforcement agency.
An officer who investigates a crash with injury, death or property damage of $3,000 or more must forward a written report to the DMV within twenty-four hours after completing the investigation.
A driver's own written report to the DMV is a different matter. Any person involved in a crash with injury, death or property damage "may make a written report" to the Commissioner, and it is tied to a reason to believe a vehicle was uninsured (Va. Code § 46.2-372 (opens in a new tab)). Confirm with the DMV whether any dollar threshold applies to a driver's report.
What if the other vehicle was unattended?
Section 46.2-896 covers a crash that damages only unattended property. It is not an injury-crash rule. The driver must report the accident in writing within 24 hours to the State Police or the local law-enforcement agency.
Which steps protect the record of your claim?
The next steps are practical guidance. No statute in this guide requires them, but each preserves information a claim may need.
- Get a medical evaluation. Have injuries examined and keep the records and bills.
- Photograph the scene. Record the vehicles, the road, visible injuries and any signs or signals nearby.
- Record witnesses. Write down names and phone numbers before people leave.
- Notify your own insurer. Check your policy for its notice terms. For a crash with no contact with the other vehicle, report it promptly to your insurer or a law-enforcement officer (Va. Code § 38.2-2206(D) (opens in a new tab)).
- Request the crash report. Follow the steps on the crash report page.
What should not be said or signed?
State facts only. Do not guess about fault, speed or the extent of your injuries, and do not sign a release or medical authorization from another party's insurer without review. Virginia applies a fault rule described as contributory negligence, a complete bar to recovery, so statements can matter. See contributory negligence and the adjuster call protocol.
What deadlines start on the day of the crash?
Time limits begin to run when the cause of action accrues. Personal injury must be filed within two years (Va. Code § 8.01-243 (opens in a new tab)). A claim against a county, city or town needs written notice within six months (Va. Code § 15.2-209 (opens in a new tab)). Use the claim deadline checker for your dates.
Frequently asked questions
Is it a crime to leave the scene in Virginia?
Va. Code § 46.2-894 imposes the duty to stop, report and render aid after a crash involving injury, death or damage to attended property, and its caption refers to a penalty. Read the section or ask a lawyer for the classification of the offense.
Must every crash be reported to police?
When a crash injures or kills anyone, Va. Code § 46.2-371 requires immediate notice to a law-enforcement officer. Section 46.2-894 separately requires a report of the driver's details to State Police or local law enforcement. Damage-only crashes follow separate rules for attended and unattended property, so confirm with the agency.
Do I have to file my own report with the DMV?
Va. Code § 46.2-372 says a person involved in a crash with injury, death or property damage may make a written report to the Commissioner. Filing is optional and tied to a reason to believe a vehicle was uninsured. Confirm with the DMV whether any threshold applies to you.
What information must drivers report?
Va. Code § 46.2-894 requires the driver to report name, address, driver's license number and vehicle registration number to the State Police or the local law-enforcement agency. Read the full section for any duty to give information at the scene, and keep your own notes.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team