Washington hit and run penalties run from a simple misdemeanor to a Class B felony, depending on what the collision involved. Clip a parked car and drive off and you’re looking at up to 90 days in jail. Leave the scene when someone was killed and you face up to ten years in prison, a $20,000 fine, and a felony record. Every tier also triggers a one-year license revocation, three years of SR-22 insurance, and court-ordered restitution to the victim.
The Four Charge Levels
Washington sorts leaving the scene into four tiers. What you’re charged with depends on what the collision involved, not on whether you caused it.
- Unattended property only — misdemeanor. Hitting a parked car, fence, mailbox, or other fixed property and leaving without notifying the owner or police. Up to 90 days in county jail and a $1,000 fine. This one falls under RCW 46.52.010.
- Attended vehicle, property damage only — gross misdemeanor. Leaving after a collision with an occupied vehicle when no one is hurt. Up to 364 days in jail and a $5,000 fine.
- Injury — Class C felony. Leaving when someone was hurt in the crash. Up to five years in a state correctional facility and a $10,000 fine.
- Death — Class B felony. Leaving when the collision killed someone, or striking a deceased person’s body and leaving. Up to ten years in prison and a $20,000 fine.
The upper three tiers all live in RCW 46.52.020, which escalates the penalties in a single statute.
Those are statutory ceilings. Actual time served on a felony conviction is calculated under Washington’s Sentencing Reform Act, which uses a grid based on the offense’s seriousness level and your criminal history. A first-time offender with a clean record will land well below the maximum. Someone with prior felonies can land close to it.
What the Prosecution Has to Prove
Prosecutors don’t have to prove you knew someone was injured or that any specific damage occurred. They have to show you knew, or reasonably should have known, that a collision happened and you left anyway. Most defendants lose on that element. A loud impact, visible damage to your own vehicle, or a witness who saw you slow down and then drive off is usually enough.
Automatic License Revocation
A conviction for hit and run involving injury, death, or damage to an attended vehicle costs you your driver’s license for one year. The Department of Licensing imposes the revocation automatically once the court reports the conviction. It is a separate administrative action from your criminal sentence, not something the judge can waive.
Getting the license back after that year is not automatic either. You have to file an SR-22 certificate of financial responsibility, which is proof from your insurer that you carry at least the state-required liability coverage. You must keep the SR-22 in force for three years from the date you become eligible to reinstate. If the policy lapses or your insurer cancels it during that window, your license is suspended again. Driving on a revoked license is its own criminal offense, so this isn’t something you can quietly wait out.
Restitution to the Victim
Washington law requires the sentencing court to order restitution whenever the conviction involves personal injury or property damage. A judge can waive it only in extraordinary circumstances, and inability to pay is not one of them. Restitution covers the victim’s actual losses: medical bills, vehicle repair, lost wages, and other expenses tied to the collision and your decision to leave.
Restitution is a legal financial obligation that follows you until it’s paid. It survives bankruptcy in most cases and can be collected through wage garnishment. In serious-injury cases, the restitution figure often dwarfs the criminal fine.
The Civil Lawsuit on Top
The victim can also sue you separately. Washington gives injured parties three years from the collision date to file a personal injury claim. Leaving the scene doesn’t by itself establish fault for the crash, but it tends to be powerful evidence of consciousness of guilt, and juries treat fleeing drivers harshly.
A civil judgment covers compensatory damages: medical expenses, lost income, pain and suffering. Where the court finds conduct was willful or showed reckless disregard, punitive-style damages may also come into play. This liability is separate from the criminal restitution order. You can end up paying both.
If You Hold a Commercial Driver’s License
CDL holders face federal disqualification on top of the state penalties. Under federal regulations, leaving the scene of an accident is a major disqualifying offense. A first conviction disqualifies you from operating a commercial vehicle for one year, or three years if you were hauling hazardous materials. A second major offense is a lifetime CDL disqualification.
These rules apply whether the hit and run happened in a commercial truck or in your personal car on a weekend. For a professional driver, a single conviction can end the career.
What the Law Required You to Do
Understanding the charge starts with understanding the duty. Two statutes set it out. RCW 46.52.020 covers collisions involving injuries, deaths, or occupied vehicles. RCW 46.52.010 covers collisions with unattended vehicles or property. Both require you to stop immediately, at the scene or as close as you can safely get.
Once stopped, you must give the other driver, any injured person, or any occupant of a vehicle you struck your name, home address, insurance company, policy number, and license plate number. You must show your driver’s license if asked. When someone is hurt, you also have to provide reasonable assistance, which includes arranging transportation to a hospital if the injuries appear to need medical attention or if the person asks for help getting there. The duty applies even if the other driver caused the crash.
Hit a parked car or other unattended property and you must try to find the owner and give them the same information. If you can’t find them, leave a written note in a visible spot on the property with your name, address, and plate number, and report the collision without unnecessary delay to the nearest city police, county sheriff, or Washington State Patrol office. Skipping any part of that is what turns an accident into a criminal case.