Morgantown Hit and Run Accident Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
Table of Contents
Being hit by a driver who speeds away adds confusion and anger to an already frightening event. Victims are left wondering who will pay for medical care, lost wages and a damaged car when there is no driver to make a claim against. West Virginia law gives hit and run victims options, but some of them depend on deadlines measured in hours and days, not years.
Slavey & Shumaker PLLC represents drivers, passengers, pedestrians and cyclists hurt by hit and run drivers throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For more on your own coverage, see our uninsured and underinsured motorist claims page.
1. What the Law Requires After a Crash
| Duty | Statute |
|---|---|
| After a crash resulting in injury or death, stop at or as close as possible to the scene and remain until the information and aid requirements are met | § 17C-4-1(a) |
| After a crash damaging a vehicle that is driven or attended by any person, stop and remain until the information requirements are met | § 17C-4-2 |
| Provide name, a valid phone number, the vehicle’s year, make, model and last four digits of the VIN, and proof of insurance | § 17C-4-3(a) |
| Render reasonable assistance to anyone injured, including arranging transportation for medical treatment when it is apparent that treatment is necessary or the injured person requests it | § 17C-4-3(b) |
2. Hit and Run Is a Crime
A driver who intentionally violates the duty to stop and remain, when he or she knows or has reason to believe another person has suffered physical injury, commits a crime (W. Va. Code § 17C-4-1):
| Result of the crash | Offense and penalty |
|---|---|
| Bodily injury | Misdemeanor: fine of up to $1,000, up to one year in jail, or both (§ 17C-4-1(b)) |
| Serious bodily injury | Felony: fine of up to $2,500, one to three years in prison, or both (§ 17C-4-1(c)) |
| Death (occurring within one year of the crash) | Felony: fine of up to $5,000, one to five years in prison, or both (§ 17C-4-1(d)) |
The statute, known as Erin’s Law, also requires revocation of the driver’s license for one year after conviction or release from incarceration, whichever is later (§ 17C-4-1(f)). The criminal case is separate from your injury claim. If you have been charged with leaving the scene of a crash, see our criminal defense page.
3. When the Driver Is Identified
If police or witnesses identify the driver, you can bring a claim against the driver and his or her liability insurance like any other crash claim. The fact that the driver fled may be strong evidence, but the claim still depends on proving fault and damages. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)). If the driver’s insurance is not enough to cover your losses, your own underinsured motorist coverage may help. See our UM and UIM page.
4. When the Driver Is Never Found
A driver whose identity is unknown is treated as uninsured, but you must meet the statute’s conditions to recover under your uninsured motorist coverage (W. Va. Code § 33-6-31(c), (e)):
Within 24 hours after discovering the accident, and being physically able to do so, you or someone on your behalf must report it to a police, peace or judicial officer, unless a police officer has already investigated it.
Notify your insurance company within 60 days that you have a claim against a person whose identity is unknown, with the facts supporting it. If the insurer asks in writing within five days, make the vehicle you were in available for inspection.
At trial, you must establish that the unknown vehicle was a “hit and run” motor vehicle, which the statute defines by physical contact with you, your vehicle or your property.
The lawsuit may be brought against the unknown driver as “John Doe,” with service on your insurer as though it were a party. If the driver is identified later, you can still bring an action against that person (§ 33-6-31(e), (f)).
These deadlines are short. If you were hit by a driver who left the scene, report it right away and talk with a lawyer before the 60-day notice period runs out.
Hurt by a Hit and Run Driver?
We can review your policy and the deadlines that apply at no cost. You pay no fee unless we recover.
5. What to Do After a Hit and Run
Get medical help for anyone who is hurt and ask for police to come to the scene.
Reporting promptly protects your uninsured motorist claim, which requires a report within 24 hours of discovering the accident unless police already investigated it (§ 33-6-31(e)).
Note the color, make, model, any part of the license plate, damage to the other vehicle and the direction it went.
Get names and phone numbers of witnesses, and note nearby businesses, homes or traffic cameras that may have video.
Photograph your injuries, your vehicle, paint transfer, debris and the scene.
Give your insurer written notice of the claim within 60 days (§ 33-6-31(e)).
Our after-a-crash guide covers each step in more detail.
6. Finding the Driver
Video often fades fast. Many business and traffic cameras record over themselves within days or weeks. Prompt requests for video, witness interviews and examination of paint transfer and vehicle parts left at the scene can identify a driver who would otherwise never be found. Police investigation and repair shop records can also help.
7. What a Claim May Include
Depending on the evidence and the available coverage, compensation may include medical bills and future care, lost wages and reduced earning capacity, vehicle damage, and pain, suffering and loss of enjoyment of life. Hit and run crashes involving pedestrians, cyclists and motorcyclists often cause serious injuries. See our pedestrian accident page, our bicycle accident page and our motorcycle accident page. If a hit and run driver caused a death, see our wrongful death page.
8. Deadlines
| Requirement | Deadline |
|---|---|
| Report to police, if no officer has investigated (UM claim) | Within 24 hours after discovering the accident, if physically able (§ 33-6-31(e)) |
| Notice to your insurer (UM claim) | Within 60 days (§ 33-6-31(e)) |
| Personal injury lawsuit | Generally within two years after the right to sue accrues (§ 55-2-12(b)) |
See our car accident statute of limitations guide for exceptions.
9. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, practice from our office at 174 Chancery Row in Morgantown. In hit and run cases, we move quickly to protect the 24-hour and 60-day requirements, look for video and witnesses, and present the claim to the right insurer. The consultation is free, and personal injury cases are handled on a contingency fee basis, so you pay no fee unless we recover. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
10. Frequently Asked Questions About Hit and Run Accidents
Talk With a Morgantown Hit and Run Accident Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, telephone consultations are available, and you pay no fee unless we recover.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.