What Counts as a Hit and Run in Pennsylvania When There Was No Damage

Attorney Answer

In Pennsylvania, “hit and run” means a driver who fails to stop and give information after an accident covered by the Vehicle Code. Damage is part of how the relevant sections are written. Whether there was any damage is a question of fact in your case, so the page cannot answer it. That question, and how to answer the police, is for a Pennsylvania criminal defense lawyer before you say anything more.

Which section applies depends on whether the other car was attended. Your mother's neighbor was in or with her car, so the attended-vehicle section is the one to read. 75 Pa.C.S. § 3743(a):

The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid).

Notice how it opens: “an accident resulting only in damage to a vehicle or other property.” The section it refers to, § 3744(a), likewise applies to an accident resulting in “damage to any vehicle or other property which is driven or attended by any person.” Both are written around an accident that results in damage.

For an unattended car, the separate section, § 3745(a), applies to a collision “resulting in any damage to the other vehicle or property.”

What the penalty is, if the attended-vehicle section is charged. § 3743(b):

Any person violating this section commits a misdemeanor of the third degree, punishable by a fine of $2,500 or imprisonment for not more than one year, or both.

That is a misdemeanor, more serious than a traffic ticket.

What this means for you. Whether the bump left any damage, even a scuff or a cracked cover, is a factual question that the charge may turn on. So is what happened in the moments after. Those are the facts a defense lawyer will want, and they are also why you should not go over them with the police, the neighbor or anyone else first. Other people's conduct, such as the neighbor blocking you in, may also matter, but it does not change what the statute asks of a driver.

What you can do

1. Photograph your own bumper as it is now, and keep any photos that already exist from that day.

2. If you know how to reach the people who saw it, keep that information.

3. Don't discuss the incident with the police, the neighbor or her family until you have spoken to a lawyer.

4. If a citation or summons arrives, note its date immediately and take it to the lawyer.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Any citation or summons carries a response date, and for a Vehicle Code citation, not responding can lead to a license suspension under 75 Pa.C.S. § 1533(a).