I Panicked and Left the Scene of an Accident - What Should I Do Next?

In the immediate aftermath of a road traffic accident, drivers often enter a state of high alert. This physiological shock can trigger a fight-or-flight response and cause a driver to make an impulsive decision that they later regret. In these cases, the actions you take in the hours and days following a car accident are critical.

Leaving the scene of an accident without stopping is against the law, and can result in serious consequences. However, there may be steps you can take after leaving the site of an accident to avoid prosecution and fulfil your legal obligations. Taking the correct steps now helps to mitigate the legal consequences you may face, and enable the expert motoring solicitors at JMW to minimise any penalties that are imposed. Here, we explain the legal obligations drivers are under following an accident, and the ways you can reduce any legal risk after inadvertently fleeing the scene.

What Must a Driver Do Following a Car Accident?

The Road Traffic Act 1988 dictates the duties of a driver in the event of an accident. If you are involved in a collision, it is a legal requirement that you must stop, and provide your name, address and vehicle registration number to any person who has reasonable grounds for requiring them. This includes the other driver, any injured person, the owner of any damaged property and anyone else involved in the accident.

If for any reason you do not exchange details at the accident scene, you must report the incident to the police as soon as is reasonably practicable, and in any case within 24 hours. Failure to stop and failure to report are both criminal charges that lead to significant motoring offence penalties. While your initial reaction was driven by fear, the law remains clear on your responsibilities.

We advise you to seek professional legal assistance immediately to ensure your rights remain protected while you rectify the situation. Following a hit and run scenario, the authorities prioritise finding the driver, often using CCTV vehicle registration data or witness evidence. It is very unlikely that the police will fail to identify you, and you should instead take the following steps to put things right and avoid the most serious consequences.

What Immediate Steps Should You Take if You Have Fled the Site?

If you have already left the scene, you must act quickly. The longer you wait, the more difficult it becomes to argue that you took reasonable steps to comply with the law. Thankfully, the right approach may encourage the police to be lenient, or mitigate any penalty if you are ultimately convicted of an offence.

1. Report the incident: You must report the accident to a police station or a police officer within 24 hours. Even if this window has passed, you should still contact the authorities, as explaining the situation as soon as possible may result in leniency.
2. Document the circumstances: Write down everything you remember about the collision. Note the time, location, weather conditions and how the other vehicle was driving. If you had hazard lights on or if there were witnesses, include these relevant details.
3. Contact your insurance company: You are required to notify your provider of any road traffic accident, regardless of who was at fault. Provide them with your insurance certificate details and a factual account. Failing to notify them could mean that your policy is void, which could lead to further offences if you continue to drive.
4. Seek medical attention: If you sustained an injury or are experiencing severe psychological distress, seek medical help. Documentation of your physical or mental state can serve as evidence regarding your state of mind at the time and explain your actions.
5. Avoid discussing the case: Do not post about the accident on social media or discuss it with other parties involved without legal advice.

Failing to stop or report the accident within 24 hours is a crime that can carry serious consequences, especially if you do not show any indications of having tried to rectify the situation.

What Are the Potential Legal Consequences of a Hit and Run?

The alleged offence of leaving the scene of an accident will be heard in the Magistrates’ Court. The penalties for a motoring offence of this nature are stringent and designed to deter drivers from fleeing. As such, if you are found guilty (or decide to plead guilty), a judge can impose:

• Between 5 and 10 penalty points on your driving licence.
• A discretionary disqualification from driving.
• An unlimited fine.
• A community order (ranging from 150 to 300 hours of unpaid work).
• A custodial sentence of up to six months.

The severity of the penalty imposed depends on the circumstances. The prosecution will raise aggravating factors to try to increase the sentence, while your solicitor's job is to highlight mitigating circumstances in your favour. For instance, leaving an injured person behind or failing to stop after hitting a parked vehicle where a person was present significantly increases the likelihood of a prison sentence. If the accident involved alcohol or drugs, the court will view the offence much more seriously. These are all aggravating factors.

On the other hand, if you hit a parked car and there was no one present, this may be viewed as a less serious offence. While the failure to exchange details or report the accident is still a criminal offence, the penalties you can expect to receive will usually be less punitive.