Virginia Code

Va. Code Ann. § 46.2-896 (2026)

Duties of driver in event of accident involving damage only to unattended property

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The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver is required to report pursuant to § 46.2-894 if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency. Such note or other information and written report shall contain the information that the driver is required to report pursuant to § 46.2-894. The written report shall, in addition, state the date, time, and place of the accident and the driver's description of the property damage.

Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the owner or custodian of the unattended vehicle or property and report to him the information required by § 46.2-894.

Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2005, c. 137.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2004–2025 · leading case: Barbara Nicole Wood v. Commonwealth of Virginia, No. 1391203 (Va. Ct. App. Mar. 1, 2022).
Barbara Nicole Wood v. Commonwealth of Virginia, No. 1391203 (Va. Ct. App. Mar. 1, 2022). · cites it 8× “2-250 and for leaving the scene of an accident involving damage to unattended property in violation of Code § 46.2-896. She argues that there was insufficient evidence to convict her either of possession of a controlled substance or of leaving the scene of an accident.”
Butcher v. Commonwealth, 838 S.E.2d 538 (Va. 2020). · cites it 2× “Code § 46.2-896 provides that when a driver of a vehicle that strikes unattended property cannot locate the owner, “the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the…”
Alejandra Isabel Obregon v. Commonwealth of Virginia, 878 S.E.2d 418 (Va. Ct. App. 2022). · cites it 2× “In 2017, Obregon was arrested for leaving the scene of an accident resulting in property damage in violation of Code § 46.2-896. The Montgomery County General District Court dismissed the charge in the next year.”
Christopher Lee Bailey v. Commonwealth of Virginia, No. 1064211 (Va. Ct. App. July 19, 2022). · cites it 2× “2-391(D)(2), failing to stop at the scene of an accident, in violation of Code § 46.2-896, and reckless driving, in violation of Code § 46.”
Alexander v. Clarkson, No. 7:23-cv-00205 (W.D. Va. Sept. 30, 2025). · cites it 2× “Code § 46.2-896. (Memo. in Supp. of Def.’s Mot.”
United States v. Carter, 349 F. Supp. 2d 982 (E.D. Va. 2004). “§ 46.2-896, and penalties for failing to leave the scene of an accident upon direction from a police officer to do so.”
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