New Virginia Law Allows Punitive Damages in Hit-and-Run Cases

The statute creates a mechanism to penalize drivers who flee the scene of a serious crash, provided the incident involves at least $1,000 in property damage or physical injury. By classifying such actions as conduct akin to a felony, the law empowers judges and juries to award damages beyond basic medical bills and lost wages. This approach mirrors existing legal frameworks for DUI accidents, where the goal is to deter reckless behavior through significant financial repercussions.

Plaintiffs may now recover these punitive awards through their own uninsured motorist coverage. C. Arthur "Brother" Rutter III, managing partner at Rutter Mills LLP in Norfolk, notes that while the legislative intent is clear, the practical application will likely evolve as early cases reach the courts. "A crash is often an accident. Leaving the scene is a choice," Rutter said. "Virginia lawmakers have decided that choice should carry much greater consequences."