In North Carolina, leaving the scene of a crash that only damaged property is a Class 1 misdemeanor under N.C. Gen. Stat. § 20-166(c). Leaving after a crash that injured someone is a Class H felony under § 20-166(a1), and leaving after a crash that caused serious bodily injury or death is a Class F felony under § 20-166(a). In every version, the State has to show the driver knew, or reasonably should have known, that a crash happened.
Most people charged with "hit and run" are not people who fled a wreck on the highway. They bumped a car in a parking lot, saw a small mark or none at all, and drove off. The law treats that the same way it treats any other crash.
The three levels of hit and run in NC
| What the crash caused | Charge | License consequence |
|---|---|---|
| Property damage only | Class 1 misdemeanor, § 20-166(c) | 4 DMV points (§ 20-16(c)) |
| Injury to any person | Class H felony, § 20-166(a1) | 1-year revocation, or 2 years if the court finds a longer period appropriate (§ 20-166(e)(3)) |
| Serious bodily injury | Class F felony, § 20-166(a) | 4-year revocation; may apply for a new license after 3 years (§ 20-166(e)(1)) |
| Death | Class F felony, sentenced in the aggravated range, § 20-166(a) | Permanent revocation; may apply for a new license after 7 years (§ 20-166(e)(2)) |
There is also a separate Class 1 misdemeanor, § 20-166(b), for a driver who stops after an injury crash but does not give the required information or render reasonable assistance, such as calling for medical help when it is clearly needed. A conviction under (a1) or (b) carries the same one-year revocation, and on a first conviction a judge may allow limited driving privileges during it.
Four points is the same as a reckless driving conviction on the DMV schedule, and a Class 1 misdemeanor is a criminal conviction, not a traffic infraction. If you want the difference between those spelled out, we explain the classes in Is a Speeding Ticket a Misdemeanor in NC? The Four Misdemeanor Classes.
What "stopping" actually requires
The statute does not just say stop. Under § 20-166(c) and (c1), the driver in a property-damage crash must stop immediately and give the other driver, or the owner of whatever was damaged, four things:
- your name
- your address
- your driver's license number
- the license plate number of the vehicle you were driving
If the crash is a "reportable crash," you also have to stay with the vehicle until an officer finishes the investigation or tells you that you can go. A reportable crash is one involving any injury, or total property damage of $1,000 or more (§ 20-4.01(33b)). That figure is the total, which counts the damage to your own vehicle too. A modern bumper cover and sensor can reach $1,000 on their own, so a crash that looks minor can still be reportable. The driver in a reportable crash also has to notify the police department (or, outside city limits, the Highway Patrol or sheriff) by the quickest means available (§ 20-166.1(a)).
Moving off the road is not leaving. Under § 20-166(c2), if nobody is hurt and the cars can be driven normally, they should be moved out of the travel lane to the shoulder or a safe spot to finish exchanging information.
Four things people believe that are not true
"Nobody was hurt, so it's just a ticket." Property-damage hit and run is a Class 1 misdemeanor. A conviction stays on your criminal record, and you would be asking a court to clear it later rather than never having it.
"I left a note, so I'm fine." A note is the law's answer only for a parked, unattended vehicle whose owner you cannot find. Even then, the note has to contain your name, address, license number and plate number, and you must get a report to the owner within 48 hours, in person or in writing. A written report not handed to the owner goes by certified mail, return receipt requested, with a copy to DMV (§ 20-166(c1), § 20-166.1(c)). A note that says "sorry!" with a phone number does not meet it.
"We swapped numbers and agreed not to call the police." If the crash is reportable, the drivers do not get to waive the notice requirement between themselves. Failing to report a reportable crash is a separate violation worth 3 DMV points.
"I didn't even know I hit anything." This one can be true, and it matters. Every subsection of § 20-166 turns on whether the driver knew or reasonably should have known there was a crash. A light contact in a loud parking garage is a different case from a collision that set off the other car's alarm. That question is often the center of the defense.
What these cases usually turn on
In the property-damage cases we handle in Wake and the surrounding counties, the person who reported it is usually focused on one thing: getting their car fixed. Often the real loss is a deductible their own insurer has not recovered yet. Getting the insurance side resolved does not erase a criminal charge on its own, and the prosecutor decides what happens to the case. But it changes the conversation, and it is one of the first things we look at.
The second thing we look at is the evidence of knowledge: video, the point of impact, the damage itself, and what the driver said afterward.
That last piece is where people hurt themselves. Many hit-and-run cases start days later, with a phone call from an officer who has a plate number from a camera or a witness. Be polite. Do not argue. And do not explain, guess about what happened, or "just clear it up" before you have talked with a lawyer. Your words on that call are often the strongest evidence the State will have that you knew.
Charged with hit and run?
A hit-and-run charge, even the misdemeanor, is a criminal case with a license consequence attached. You can get a quote and start your case online at portal.cottenfirm.com, or see how we handle traffic and driving charges.
Video transcript
Here's a North Carolina law a lot of good people break by accident. You bump a car in a parking lot, nobody's around, there's barely a scratch, so you leave. That can be a hit and run. Leaving the scene of a property-damage crash is a Class 1 misdemeanor. That's a criminal charge, plus four points on your license. If anyone is hurt, it becomes a felony, and DMV revokes your license. Stopping means really stopping: trade your name, address, license number, and plate number. Hit a parked car with nobody around? Leave a note with that information, and get it to the owner within forty-eight hours. And if an officer calls you later asking about a dent, be polite, and talk to a lawyer before you explain anything. I'm Jeremy Cotten.
Related reading
- Is a Speeding Ticket a Misdemeanor in NC? The Four Misdemeanor Classes
- How Long Does a Ticket Stay on Your NC Driving Record?
- NC Limited Driving Privilege: Who Actually Qualifies
- Which NC Convictions Can Be Expunged, and How Long You Wait
- Traffic Ticket Defense
This article is general information about North Carolina law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome. Attorney advertising.
Written by Jeremy Cotten, criminal defense and traffic attorney, Cotten Law Firm, PLLC, Fuquay-Varina, North Carolina.
