In April 2026, Virginia Governor Abigail Spanberger signed into law HB1479 which creates a new statutory claim for punitive damages against drivers involved in a hit and run collision. This new law goes into effect on July 1, 2026.
Va Code §8.01-44.5:1 states, “in any action for personal injury or death arising from conduct that constitutes a felony violation of Section §46.2-894, punitive damages may be awarded to the plaintiff.”
A violation of Va Code §46.2-894 can be a felony or a misdemeanor. Misdemeanor charges do not invoke punitive damages. A driver can be charged with a felony if (1) the incident results in the injury or death of the other person or more than $1,000.00 in property damage. The driver can be charged with a misdemeanor if the incident results in $1,000.00 or less in property damage.
However, the language in this statute is drafted to include “conduct that constitutes a felony violation” and not “conduct that results in” a felony charge or conviction. This creates a broad application of the statute, and it will require greater investigation outside of initial misdemeanor charges. Smart Plaintiff’s personal injury attorneys may be able to turn a misdemeanor citation into “conduct that constitutes a felony violation” simply by showing the driver left the scene and the damage to the vehicle is greater than $1,000.00.
Virginia law does not favor retroactive application of statutes, and new legislation will not be construed to interfere with exiting rights of actions unless the intention is expressly declared in the statute. This means no claims under this statute may be pursued unless the action giving rise to the claim takes place after July 1, 2026.
The full language of the bill may be found here: https://lis.virginia.gov/bill-details/20261/HB1479/text/CHAP0473.
Questions about this advisory can be directed to Danielle Kent at (804) 566-3571 or dkent@tthlaw.com.
See Bailey v. Spangler, 289 Va. 353, 359 (2015) (citing Board of Supervisors v. Windmill Meadows, 287 Va. 170, 180 (2014); Harbor Gate Owners Association v. Berg, 232 Va. 98, 103 (1986)).