Tronfeld West & Durrett

While the physical injuries from a hit and run accident can be serious, it’s often the lingering uncertainty and helplessness that affect victims most. Who will pay for your medical bills? What if the other driver is never identified? And how can you claim if no one is there to take responsibility?

At Tronfeld, West & Durrett, we’ve helped Virginia victims navigate these challenges, and our hit and run lawyers can explain exactly what steps you should take after an accident

What Is a Hit and Run Accident in Virginia?

Virginia law defines a hit and run as any situation where a driver involved in a crash fails to stop, provide their contact information, and render aid when necessary. Under Va. Code § 46.2-894, it is a criminal offense for someone to flee the scene of an accident without fulfilling these duties, particularly if someone was injured or killed.

Despite strong laws, hit and run crashes continue to happen across the state. According to the Virginia Department of Motor Vehicles, in 2024 there were 27,630 incidents involving speeding drivers, and 718 were classified as hit and run crashes, making up 2.6% of all speed-related accidents. That number may appear small at first glance, but each case represents a victim left without answers and often without the immediate financial support they need.

Common Types of Hit and Run Incidents

Hit and run cases can occur under many circumstances, not just high-speed chases or late-night crashes. Here are some of the most common:

• Collisions between two vehicles, especially in intersections or on highways
• Pedestrian and cyclist strikes, often resulting in serious or fatal injuries
• Property damage only accidents where drivers flee to avoid liability
• Parking lot crashes where someone hits a parked car and leaves no note

In many of these scenarios, negligent driving is a core factor. In fact, as explored in this article on the number one cause of car accidents in Virginia, driver error and reckless choices continue to fuel preventable harm on the road.

Criminal vs. Civil Consequences for the Fleeing Driver

A hit and run may lead to criminal charges under Virginia law, ranging from misdemeanors (for property-only damage) to felonies (if injury or death occurs). However, criminal prosecution is separate from your right to pursue civil damages.

Even if the fleeing driver is located and charged, that doesn’t automatically result in compensation for your medical bills, lost income, or pain and suffering. That’s why civil claims, guided by a personal injury attorney, are critical. They focus not on punishing the offender, but on helping you recover financially and physically.

Why You Need a Hit and Run Accident Attorney Right Away

If you’re dealing with the aftermath of a hit and run in Virginia, the clock starts ticking immediately. Evidence can disappear, surveillance footage may be erased, and insurance companies often use delays to reduce what they pay. This is why it’s crucial to involve a lawyer as soon as possible.

At Tronfeld, West & Durrett, our car accident lawyers take swift, proactive steps to protect your rights and set the foundation for your claim from day one.

Immediate Legal Protection and Guidance

You may be unsure of what to say to your insurer, whether to speak with police again, or how to track your medical records. A lawyer can help you avoid critical missteps, protect your rights, and ensure your actions strengthen your case, not weaken it.

Starting the Investigation While Evidence Is Fresh

Identifying a hit and run driver often comes down to the earliest hours and days after the crash. We immediately begin looking for:

• Surveillance footage from nearby homes, businesses, or traffic cams
• Dashcam video (your own or from witnesses)
• Physical evidence, such as debris or paint transfer
• Eyewitness accounts that may narrow down vehicle details
• Police reports and 911 dispatch logs

The sooner our team can begin this work, the better chance we have at building a strong case, whether the driver is identified or not.

Identifying All Possible Compensation Sources

Even when the driver is never found, you are not out of options. Virginia drivers are often eligible to pursue a claim through uninsured motorist (UM) coverage. Under Va. Code § 38.2-2206, your own policy may be required to pay damages when the at-fault party cannot be identified or is uninsured. A lawyer can help ensure the insurance company honors this responsibility.

In addition to UM coverage, we also evaluate whether you have access to medpay, umbrella policies, or other third-party liability claims that could enhance your compensation.

How an Attorney Investigates a Hit and Run Crash

Building a successful hit and run injury claim requires far more than just filing paperwork. Your attorney plays a critical role in assembling and interpreting complex evidence to uncover what happened—and who should be held responsible.

What Lawyers Look for in the Early Stages

When you hire a hit-and-run accident lawyer, the investigation typically begins with a full review of the police report. But often, that’s only a starting point. Lawyers also examine:

• Emergency responder records that document injuries and scene conditions
• Vehicle damage patterns, paint transfers, or surveillance footage
• Security camera video from nearby intersections, homes, or businesses
• Data from private investigators or accident reconstruction specialists
• Statements from eyewitnesses whose information may not be in the initial report

At Tronfeld, West & Durrett, our team also works closely with local prosecutors and law enforcement if a criminal case is underway, helping to bridge the gap between the criminal and civil justice systems.

What If the Hit and Run Driver Is Never Found?

This is a question we hear often—and fortunately, the answer is that victims still have viable paths to recover damages, even if the at-fault driver cannot be located.

Filing a Claim Through Your Own Insurance

Your auto insurance policy likely includes coverage for uninsured motorists (UM) or medical payments (MedPay). This can provide compensation for medical bills, lost wages, and pain and suffering in hit and run scenarios. However, insurers don’t always make it easy. They may argue that your injuries weren’t caused by the accident, or offer a low settlement that doesn’t account for long-term care or non-economic losses.

Your Legal Rights Under Virginia Insurance Law

Virginia’s Insurance Code protects consumers from unfair claim denials and delays. If your insurer fails to honor your policy terms or acts in bad faith, your attorney can file a formal complaint or initiate legal action to recover what you’re owed.

Contact a Virginia Hit and Run Accident Attorney Today

An experienced hit and run accident lawyer at Tronfeld, West & Durrett can help you understand your rights, build a compelling case, and pursue the full compensation the law allows.

We offer free consultations and only get paid if we win your case. To speak with a Virginia hit and run attorney who knows how to fight for justice, reach out to us today.

Most people assume that if they’re injured in a car crash, the other driver’s insurance will take care of everything. But in high-impact accidents involving serious injuries, multiple victims, or reckless behavior, the damages can quickly surpass the limits of a standard auto policy, leaving victims with unpaid bills and no clear next step.

At Tronfeld, West & Durrett, we’ve seen how often this happens and helped injured Virginians explore their options when damages exceed the at-fault party’s coverage. Today, our experienced car accident lawyers break down what you need to know about policy limits in Virginia, what happens when claims go beyond them, and how to protect your rights and financial future in these complex cases.

How Uninsured/Underinsured Motorist Coverage Can Help

When the at-fault driver’s liability insurance isn’t enough to cover your losses, your own insurance policy may offer additional protection. Virginia law requires insurers to offer uninsured and underinsured motorist (UM/UIM) coverage unless a policyholder declines in writing. This means most drivers already have access to coverage that could step in when another driver is underinsured.

Using your own policy’s UM/UIM coverage can help bridge the gap when a claim exceeds the other party’s limits. Under Virginia Code § 38.2-2206, this coverage must match your liability limits unless you’ve agreed to lower protection.

Increasing the Total Coverage Available

When the at-fault driver’s insurance isn’t enough to cover your medical expenses, lost income, and long-term care, it may still be possible to recover more than what their policy offers. Many Virginia drivers are unaware that they may be eligible to access additional compensation through other policies connected to their household or their own auto coverage.

Ways additional coverage might be triggered:

• Stacking policies within the same household, including those belonging to relatives or others listed on your policy
• Uninsured/underinsured motorist (UM/UIM) benefits that match or exceed your liability limits, which most Virginia drivers carry unless they opted out in writing.
• Umbrella or excess liability policies, which can supplement a primary auto policy when triggered properly
• Non-owner coverage if you were a passenger in someone else’s vehicle at the time of the crash

Each insurance contract has its own limits, exclusions, and notice requirements. That’s why having an attorney examine your declarations page, interpret your coverage options, and negotiate directly with insurers can make the difference between settling for far less or recovering what you’re legally entitled to receive.

Is More Than One Party Liable for Your Injuries?

Not every crash involves just one responsible party. When serious injuries are involved, it’s important to look deeper into who else may share liability.

For instance, if you were injured in a commercial vehicle accident, the employer may bear legal responsibility. Or if faulty brakes, tire blowouts, or other mechanical failures played a role, a manufacturer or maintenance provider could be held accountable. In some cases, poorly designed intersections or a lack of road signage may allow you to bring a claim against a government entity.

When injuries are substantial and a single policy won’t cover the damage, pursuing multiple parties can significantly increase your chances of full compensation. However, because Virginia still adheres to a strict contributory negligence rule, as outlined in § 8.01-58, proving you were not partially at fault is essential. Even one percent of blame can disqualify your entire claim.

Can You Sue the Insurance Company for Bad Faith?

In cases where the insurer has the ability and legal obligation to settle a claim but refuses to do so within policy limits, it may be acting in bad faith. While Virginia law doesn’t broadly recognize third-party bad faith claims the same way some other states do, certain scenarios can still open the door to legal action.

If an insurer knowingly denies a valid claim, delays payment without reason, or fails to properly investigate, your attorney may explore whether a bad faith lawsuit or a claim assignment (where the at-fault party assigns their rights to sue their own insurer) is a viable strategy. These cases are nuanced, but when successful, they can provide an additional path to compensation beyond standard policy limits.

What Happens if the At-Fault Driver Has No Assets?

Winning a personal injury lawsuit is only half the battle if the at-fault party has no meaningful income, property, or financial resources to satisfy a judgment. In these situations, courts refer to the defendant as “judgment-proof.”

In practical terms, this means you may technically win a large court award but collect little or nothing unless future wages can be garnished or liens placed on property. This is where working with an experienced personal injury attorney matters. Our firm can investigate whether the defendant has collectible assets or whether pursuing alternative compensation sources (such as UM/UIM coverage or third-party liability) would be more productive.

We also help clients understand when a structured settlement or negotiated payment plan might offer the only realistic path to recovering at least part of their losses.

Alternative Legal Options After a High-Damage Car Accident

When traditional insurance routes don’t fully cover your injuries, other legal tools may come into play. In addition to filing lawsuits against other responsible parties, you might consider:

• Structured settlements, where the at-fault party (or their insurer) agrees to pay compensation over time, rather than in a lump sum.
• Subrogation or assignment of claims, in which your insurance company pays your damages and then seeks repayment from the at-fault party.
• Negotiated settlements with limitations based on the defendant’s income, assets, and ability to pay.

Your attorney can advise whether these options make sense for your situation, taking into account your long-term needs and the likelihood of collecting.

When to Contact a Virginia Car Accident Attorney

The legal complexities surrounding high-value injury claims demand more than just filing paperwork. You need a strategic advocate who can identify every potential source of recovery and handle difficult conversations with insurers and opposing counsel.

At Tronfeld, West & Durrett, we’ve spent over 50 years helping Virginians recover after serious accidents. We assist clients across the state by evaluating policy language, calculating damages, and pursuing the most effective path toward full compensation.

Schedule a Free Consultation With Tronfeld, West & Durrett

If you’ve been seriously hurt and suspect the at-fault driver’s insurance won’t come close to covering your losses, you don’t have to guess your next steps alone.

Contact us today to schedule a free consultation with one of our experienced personal injury attorneys. We’ll review your case, answer your questions, and walk you through your legal options.

 

Most drivers assume that if they’re hit by another car in Virginia, the at-fault driver’s insurance will cover the damage. But until very recently, that wasn’t always the case. For decades, Virginia allowed drivers to legally opt out of carrying auto insurance by paying a modest uninsured motorist fee. In theory, these drivers were assuming full personal responsibility for any harm they caused. In practice, many didn’t have the financial means to pay after causing a serious crash.

Our car accident lawyers at Tronfeld, West & Durrett have witnessed firsthand how this outdated policy left injury victims facing unpaid bills, complex insurance claims, and years of financial hardship. This article examines Virginia’s former opt-out system, the law’s 2024 changes, and crucial information for accident victims going forward.

What Was Virginia’s Opt-Out Auto Insurance Policy?

Virginia was one of only two states that allowed vehicle owners to skip purchasing insurance altogether by paying a $500 uninsured motor vehicle fee. Once paid, the state allowed those drivers to register and operate a vehicle without coverage, placing full liability for any damages squarely on their shoulders. As outlined in § 46.2-706 of the Code of Virginia, this system meant there was no guarantee a crash victim could recover compensation from the driver who caused the accident.

Instead, injured individuals had to rely on their own uninsured motorist coverage, which often wasn’t enough to pay for hospital stays, surgeries, lost wages, or long-term care needs.

What Was Virginia’s Opt-Out Auto Insurance Policy?

While opting out might have reduced costs for uninsured drivers in the short term, it created a wide range of downstream problems that affected everyone else on the road.

The presence of uninsured drivers in the system led to higher auto insurance rates for everyone else due to a smaller risk pool and greater reliance on UM/UIM policies. Moreover, victims in collisions involving uninsured drivers often faced significant delays in coverage or were left footing the bill entirely.

Drivers Bought Less Coverage to Offset Rising Costs

As insurance premiums increased, many drivers responded by selecting the lowest possible policy limits, creating large underinsurance gaps after serious accidents.

Unpaid Judgments and Bankruptcy

When an uninsured at-fault driver caused a crash and couldn’t afford to pay a settlement or court judgment, many turned to bankruptcy protection to wipe the debt clean. That left innocent victims with no legal path to recover compensation, regardless of how severe their injuries were.

How the Law Changed: Mandatory Auto Insurance in Virginia (Effective July 1, 2024)

In response to the growing number of underinsured and uninsured claims and the hardship this caused for crash victims, Virginia lawmakers passed a critical reform in 2023 that eliminated the opt-out option. As of July 1, 2024, all drivers must carry active auto insurance to legally register a vehicle in Virginia.

This new law is expected to significantly improve injury victims’ ability to recover compensation from at-fault drivers.

• In 2024, Virginia’s minimum required coverage remains at $30,000 for injury or death of one person, $60,000 for two or more people, and $20,000 for property damage.
• But beginning January 1, 2025, those minimums will increase to $50,000 / $100,000 / $25,000 under § 46.2-472, offering stronger financial protection for crash victims.

Why These Changes Matter for Car Accident Victims

For decades, injury victims bore the brunt of a policy that favored affordability for uninsured drivers over compensation for those harmed in serious accidents. Mandatory insurance helps shift that balance back toward justice for victims.

Improved Access to Compensation

More drivers will be covered under active liability policies, reducing the number of uninsured claims and expanding the chances of full recovery.

Less Burden on UM/UIM Policies

Injury victims will be less dependent on their own insurance and more able to file direct claims against the at-fault driver’s provider.

Fewer Unpaid Judgments

With mandatory coverage, fewer at-fault drivers will be judgment-proof or able to sidestep liability through bankruptcy.

What Happens If the At-Fault Driver Still Doesn’t Have Insurance?

Even though Virginia’s opt-out system is no longer in place, some drivers may still ignore the law and get behind the wheel without insurance. In those situations, crash victims need to understand what legal options remain.

Penalties for Driving Without Insurance

Uninsured drivers face serious consequences under the new law. This includes fines, license suspension, and reinstatement fees. More importantly, they remain personally liable for the full cost of damages if they cause an accident.

Relying on Your Own UM/UIM Coverage

If you’re hit by someone who is driving illegally without insurance, your own uninsured/underinsured motorist (UM/UIM) policy becomes your financial safety net. Under § 38.2-2206 of the Virginia Code, insurers must provide UM/UIM coverage equal to your liability limits unless you decline it in writing. This is why it’s so important for Virginia drivers to regularly review their policies and understand what protection they actually have.

Why Underinsured Motorist Coverage Is Still Important

Even with mandatory insurance in place, many drivers only carry the minimum required coverage, and that might not come close to covering the full cost of a serious accident.

If your medical bills, lost income, and other losses exceed the at-fault driver’s $30,000 or even $50,000 limit, your underinsured motorist coverage helps cover the difference.

UIM Fills the Gap

This type of coverage steps in when another driver’s policy comes up short. It’s especially important in crashes involving long-term injuries or multiple claimants sharing a single policy.

At Tronfeld, West & Durrett, we’ve worked with countless clients who never expected to rely on their UM/UIM coverage but were glad they had it when an at-fault driver’s insurance ran out fast.

Can I Still Be Left Without Compensation Under the New Law?

The end of Virginia’s opt-out option is a major step forward, but it doesn’t eliminate every risk. There are still scenarios where victims may struggle to recover what they’re owed.

Out-of-State or Illegally Uninsured Drivers

Virginia’s insurance mandate only applies to in-state registrations. If you’re hit by a driver from another state or by someone driving without coverage in violation of the law, you could still be forced to fall back on your own UM/UIM policy.

Delays and Denials From Insurance Companies

Even when coverage exists, insurance companies don’t always play fair. They may dispute liability, question the extent of your injuries, or delay payment to pressure you into settling for less. In these situations, working with an attorney who understands how insurers operate can make a significant difference.

How a Car Accident Lawyer at Tronfeld, West & Durrett Can Help

If you’ve been hit by an uninsured or underinsured driver or if you’re simply unsure whether the new laws will impact your claim, don’t wait to get answers. An experienced car accident attorney at Tronfeld, West & Durrett is here to help. Our team is familiar with the details of UM/UIM policies, subrogation rights, and insurance company strategies.

Contact us today to schedule a free consultation. We’ll review your case, walk you through your options, and fight to ensure you get the compensation you deserve.

Car accidents often leave behind a trail of stress, medical bills, vehicle repairs, and uncertainty. If you’ve recently been involved in a crash in Virginia Beach, you may be wondering how long you have to take legal action. Whether you’re dealing with serious injuries or significant property damage, understanding Virginia’s deadlines for filing a lawsuit is critical.

This guide covers the time limits, exceptions, and why contacting a Virginia Beach car accident lawyer as soon as possible can help protect your rights.

Virginia’s Statute of Limitations for Car Accidents

In Virginia, the time limit for filing a lawsuit after a car accident depends on the type of claim:

• Personal Injury Claims: You have two years from the date of the accident to file a lawsuit for injuries. This includes compensation for medical expenses, lost income, pain and suffering, and other damages directly related to your physical and emotional recovery.

• Property Damage Claims: If you’re only pursuing damages for your vehicle or other personal property, the statute of limitations is five years from the date of the crash. However, if you’re combining a property damage claim with a personal injury claim, it’s best to follow the two-year deadline to avoid any complications.

Missing these deadlines can prevent you from recovering any compensation, no matter how strong your case might be.

Legal Exceptions That Could Extend the Filing Deadline

Virginia law includes a few exceptions that may extend your time to file a claim. These are limited but important in certain situations:

1. Minors Involved in the Accident

If the injured party is under 18 at the time of the crash, the two-year statute of limitations begins on their 18th birthday. This gives the minor until age 20 to file a claim for personal injury.

2. Hit-and-Run Accidents

In cases involving a hit-and-run driver, victims may need additional time to identify the at-fault party. Courts may allow extra time to file a claim once the negligent driver is located.

3. Mental Incapacity

If the accident results in a mental or cognitive impairment that prevents the victim from understanding or participating in the legal process, the court may pause the clock until the person regains capacity. Proof from medical professionals is typically required.

Why Acting Quickly Matters

Even if you technically have time, waiting too long can make it harder to build a strong case. Over time, critical evidence may be lost, witnesses may become difficult to locate, and your memory of the events may fade.

Consulting a Virginia Beach personal injury lawyer shortly after the accident ensures:

• Timely filing of your claim
• Proper collection and preservation of evidence
• Negotiation with insurance companies on your behalf
• Maximum compensation for your injuries and losses

At the end of the day, the sooner you speak with an attorney, the better your chances of a successful outcome.

Filing a Claim vs. Filing a Lawsuit

It’s important to note that filing an insurance claim is not the same as filing a lawsuit. Many people assume that starting an insurance claim preserves their legal rights, but this is not always the case. Insurance negotiations can drag on for months, and if you don’t file a formal lawsuit within the statute of limitations, you may lose the right to sue—even if your claim is still pending. This is why working with a knowledgeable Virginia Beach personal injury lawyer early on is so critical; they can manage both the insurance process and any potential litigation simultaneously, ensuring you meet every legal deadline.

What Happens If You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has passed, the court will most likely dismiss your case—regardless of how valid your claim is. This is a harsh reality of Virginia law. You’ll lose your chance to recover damages for medical bills, lost wages, pain and suffering, and car repairs. That’s why it’s essential not to delay and to consult with an attorney who can evaluate your situation and advise you on the appropriate steps. Even if you’re unsure whether you want to pursue legal action, a brief consultation can give you peace of mind and a clear path forward.

Don’t Wait—Protect Your Rights Today

Time is not on your side after a car accident in Virginia Beach. Whether you’re recovering from injuries or dealing with vehicle repairs, it’s important to understand your legal timeline and act quickly. Missing a deadline can mean missing out on the compensation you rightfully deserve.

Rear-end collisions are among the most frequent types of motor vehicle accidents on Virginia’s roads. These incidents happen when one vehicle crashes into the back of another, often resulting in significant property damage, whiplash, spinal injuries, and other serious harm. While some rear-end crashes are minor, many lead to long-term medical treatment, lost wages, and legal disputes over liability.

Understanding the root causes of a rear-end collision can help you stay alert, drive defensively, and know what to do if you become a victim. Knowing your rights—and how Virginia law works—is especially important when seeking compensation.

1. Distracted Driving

One of the most common causes of rear-end accidents is distracted driving. In today’s world, smartphones, in-car technology, and multitasking behind the wheel have created more distractions than ever. Texting, checking notifications, adjusting GPS, eating, or even talking to passengers diverts a driver’s attention from the road. Even a few seconds of distraction can be enough to miss a braking vehicle ahead, leading to a collision.

Virginia law prohibits the use of handheld devices while driving, reinforcing the seriousness of distracted driving. If a distracted driver crashes into your vehicle, they are typically held liable for the damages.

2. Tailgating (Following Too Closely)

Maintaining a safe distance from the car ahead is a basic principle of defensive driving. Unfortunately, many drivers follow too closely, especially during rush hour or when traffic slows unexpectedly. Tailgating leaves little time to react if the lead vehicle slows or stops suddenly. This aggressive driving behavior is not only dangerous but also a key contributor to rear-end crashes.

A driver who tailgates and causes a collision may be cited for reckless or aggressive driving. Proving this behavior strengthens your claim for damages.

3. Speeding

Speeding significantly increases both the likelihood and severity of accidents. When a driver travels above the speed limit or too fast for road conditions, their ability to stop in time decreases. In a rear-end situation, a speeding driver may be unable to react quickly enough when traffic slows or stops ahead.

This issue is particularly dangerous in areas prone to stop-and-go traffic, such as intersections, highways, and congested city streets.

4. Sudden Stops

Sometimes, the driver in front makes an abrupt or unexpected stop. While the rear driver is usually presumed to be at fault in a rear-end crash, there are exceptions. For example, if the lead driver slams on their brakes without warning or for no reason, liability may shift.

Under Virginia’s strict contributory negligence laws, even a small amount of fault on your part can bar you from recovering compensation. This makes it essential to gather strong evidence and consult a Virginia Beach personal injury lawyer to evaluate your legal options.

5. Poor Weather and Road Conditions

Slippery roads due to rain, ice, fog, or snow increase stopping distances and reduce traction. Drivers must adjust their speed and following distance to account for these conditions. Failing to do so often results in rear-end collisions, especially during sudden traffic slowdowns or on highways.

Bad weather doesn’t excuse careless driving. If another driver fails to adapt to conditions and hits your car, they can still be held fully responsible.

6. Mechanical Failure or Poor Vehicle Maintenance

In some cases, rear-end accidents occur because a driver’s brakes fail or their tires lack proper tread. Mechanical failure doesn’t automatically absolve a driver of responsibility. Drivers are expected to maintain their vehicles and ensure they are safe to operate.

If a maintenance issue causes a crash, liability may also extend to auto repair shops or manufacturers, depending on the circumstances.

Understanding Your Legal Rights in Virginia

Virginia follows a contributory negligence rule, meaning that if you’re found even 1% at fault for an accident, you may not be eligible to recover damages. This makes proving the other party’s fault essential in any car accident claim.

To build a strong case, you should gather:

• Police reports
• Witness statements
• Traffic camera or dashcam footage
• Photographs of the accident scene
• Medical documentation of your injuries

Insurance companies often attempt to shift blame or minimize your injuries. That’s why it’s important to seek legal guidance from an experienced Virginia Beach car accident lawyer who can fight for your rights and ensure the other driver is held accountable.

Get Help After a Rear-End Accident

If you or someone you love has been injured in a rear-end collision, time is critical. You may be entitled to compensation for medical bills, pain and suffering, lost wages, and other damages. The legal team at Tronfeld West & Durrett has years of experience representing car accident victims across Virginia.

Consulting a skilled Virginia Beach personal injury lawyer ensures you understand your rights and options under state law. With the right legal support, you can focus on healing while your attorney handles the rest.