You hit and damaged another car without stopping. The police have called you in for questioning. What possible hit and run penalties could you face?
There are five common consequences if you get charged with hit and run:
1. Criminal penalties
A prosecutor usually has the authority to file criminal charges against you if you flee the scene of an accident. If so, and there is a hit and run conviction, you will face criminal penalties.
Note that most states say that you commit misdemeanor hit and run if you:
- are involved in a car accident that results in some type of property damage, and
- flee the scene of the accident.1
The crime is often punishable by:
- fines, and
- county jail time.2
But you could be found guilty of felony hit and run if you:
- are involved in a car accident and someone dies or suffers a serious bodily injury as a result of the accident, and
- flee the scene of the accident.3
Felony hit and run is usually punishable by:
- substantial fines (more serious than the fines for misdemeanor hit and run), and
- years in state prison.4
2. A suspension of your driver’s license
Most jurisdictions say that your state’s Department of Motor Vehicles (DMV) can suspend or revoke your driver’s license if you are guilty of hit and run.5
The period of suspension or revocation is typically one year.6
If you experience a revoked or suspended license, you might be able to obtain a restricted license.
3. A civil compromise
Some states say that a judge or prosecutor may dismiss a hit and run case if you enter a civil compromise.
In a hit and run civil compromise, you essentially compensate the victim for any losses that he/she suffered from the hit and run accident. For example, if you hit a car and damaged property, you would pay the owner of the vehicle for the damaged goods.
In return, the judge or prosecutor agrees to dismiss your criminal charges.7
Note that civil compromises are usually only available in misdemeanor hit and run cases. They are typically not offered if you are charged with felony hit and run.
4. Cancellation of your car insurance
Depending on the facts of your case, your auto insurance company could cancel your car insurance if you are convicted of hit and run.
Please note, though, that insurance companies may differ on their policies regarding cancellation of policies. If you commit a hit and run offense, you should review your policy or get legal advice from a criminal defense attorney or law firm.
5. A personal injury lawsuit
If you injured someone in a hit and run accident, the injured person could sue you in civil court. This is true even if you are convicted of the crime and face criminal penalties.
If the injured person is successful in the civil case, you might have to compensate that person for such things as:
- medical expenses,
- lost wages,
- property damage,
- out-of-pocket expenses, and
- pain and suffering.
What should you do if you hit a car?
Most states impose certain duties on drivers if they hit and damage a car or cause injury or death in an accident. These duties usually require you to:
- stop your car and pull it to the side of the road,
- exchange your contact information with anyone involved in the accident, and
- upon request, provide your vehicle registration information.8
Many states also require you to provide reasonable assistance to anyone injured in an accident.9
If you hit a parked car or an unattended vehicle, you should:
- write down your contact information, and
- leave the information for the vehicle’s owner in a conspicuous place.
Legal References:
- See, for example, Nev. Revised Statutes 484E.020.
- See, for example, Nev. Revised Statutes 484A.900.
- See, for example, CO Revised Statutes 42-4-1603 (2016).
- See, for example, CO Revised Statutes 18-1.3-401.
- See, for example, the Washington State Department of Licensing website.
- See same.
- See, for example, California Penal Code 1378 PC.
- See, for example, Florida Statutes 316.062 (2022).
- See same.
