Failing to stop or report an accident

Failing to stop

If you are involved in an accident you are required to stop and exchange details with any other parties involved — giving your name and address, those of the vehicle’s owner, and the identification marks of the vehicle. If you fail to do so, you can be charged with failing to stop after an accident.

Failing to report

The driver is under a legal obligation to report an accident as soon as practically possible — at a police station or to a police constable — and in any case within 24 hours. Failing to do so is a separate offence.

The penalties

The likely penalty depends on the aggravating and mitigating features, personal mitigation and plea, but can include:

• Up to 6 months in prison
• An unlimited fine
• 5–10 penalty points on your licence
• A discretionary disqualification

What if you did not know there had been an accident?

The driver must know that an accident occurred — and knowledge includes knowing there has been an accident but deliberately putting it out of mind. You may have a defence to both failing to stop and failing to report if you genuinely did not know there had been an accident. The burden is on the defence to establish genuine unawareness.

• If you have a defence
• If you are unsure whether the elements of the offence are made out
• If there are special reasons not to endorse your licence or disqualify you from driving
• If you do not know what the sentencing guidelines are, or do not think you should be dealt with in accordance with them
• If you want a solicitor to make representations on your behalf, or do not want to represent yourself in court
• If you want to try and persuade the court to impose fewer points than the guidelines suggest
• If you would prefer points rather than a discretionary disqualification — or the other way round
• If you are at risk of a penalty points (totting up) disqualification