What Is the Punishment for Hit and Run? (UK)

Leaving the scene of a road accident is one of the most serious offences a driver can commit. This type of offence is commonly referred to as a hit and run, and while the term is often applied to incidents where a pedestrian is hit by a car, it can refer to any road traffic accident where one driver leaves the accident scene without providing details to the other drivers, road users or pedestrians involved.

There are several legal breaches under the Road Traffic Act 1988 that may be referred to as hit and run accidents, the most common of which is failing to stop and failing to report an accident. The penalties you could face depend on the specific offence you are charged with, and whether the accident caused only vehicle damage or was the cause of serious injury or death, in which case you may face significant penalties. Leaving the accident scene after someone has been killed or injured can be a strong aggravating factor that may lead to a much stronger sentence.
Here, the expert motoring defence solicitors at JMW outline the potential prison sentences, fines, penalty points and other punishments for leaving the accident scene after a hit and run accident happens. We discuss the maximum penalties, the circumstances under which you may be at risk of a driving ban, how the courts determine sentencing and how an experienced defence solicitor can protect your driving licence if you are accused of a hit and run or related driving offence.

What Are a Driver's Legal Responsibilities After a Car Accident?

If a vehicle you are driving is involved in an accident on a road or in a public place and it involves injury to a person other than yourself, or damage to another person’s vehicle or property (for example a garden fence or a lamp-post), you must stop your vehicle. Failing to stop is in itself an offence for which you could face criminal prosecution, which could result in a fine and a potential driving ban.

You must give your name, address, vehicle registration number and insurance details to anyone else who was involved in the accident, including the other drivers or road users and the owners of any damaged property. If you cannot exchange details at the scene - whether because the other party left the scene, or because the owner of the relevant property is not there, you must report the accident to a police station within 24 hours. Failing to provide your personal details is covered under the same offence code as failing to stop and will result in the same penalties.

If anyone is seriously injured or vehicles are too damaged to be driven away from the scene, you must call the emergency services. You should not discuss details of the incident with other drivers, pedestrians or other witnesses and should not admit fault in any way.

While not a legal requirement, you should contact your insurance company as soon as possible to report the incident, even if you believe you were not at fault. This is a condition of most insurance policies. If you do not report the incident to your insurance provider, your policy may be rendered invalid, and you could later face further penalties for driving without valid insurance.

What Are the Penalties for Failing to Stop or Report an Accident?

Failing to meet the legal obligations listed above constitutes a criminal offence, even if the collision appears minor. The law treats this as a breach of a driver’s basic duty to remain accountable for their actions. Even if you believe that no people were injured or property damaged in the accident, it is best to stop and report the incident to comply with your legal duty.

If you are found guilty of a hit and run where a vehicle or other property was damaged, but there were no injuries, you could face a maximum sentence of:

• A fine of up to £5,000. Under some circumstances, you may instead incur an unlimited fine.
• Between five and 10 penalty points on your driving licence.
• Up to six months' imprisonment, in more serious cases.
• A community order, in more serious cases.

If you receive 12 or more penalty points in any three-year period, you can face an automatic driving ban. For new drivers who passed their driving test in the last two years, accruing six points on your licence is enough to face an automatic disqualification. As such, a single hit and run offence can be enough to result in a driving ban.

When determining a sentence, courts typically consider factors such as whether the driver deliberately avoided detection, the extent of damage caused and whether any attempt was made to contact the other party. Even in relatively minor cases, such as hitting a parked car and leaving the scene, the driver may receive harsh penalties if they do not report the incident or work with an experienced solicitor to mount a strong defence.

What Is the Sentence if Someone Was Injured in a Hit and Run Accident?

The penalties become far more severe when a hit and run results in injuries or, in the most serious circumstances, someone's death. In these situations, the offence may be combined with careless or dangerous driving, causing serious injury by dangerous driving, or causing death by dangerous driving. All of these are criminal offences with stricter penalties than those for failing to stop and report an accident. If you are found guilty, you could face consequences for multiple offences separately.

Sentencing guidelines indicate that a custodial sentence of up to 26 weeks can be imposed for failing to stop or report an accident when an injury occurs. The presence of aggravating factors - such as a vulnerable victim or attempts to conceal your involvement - can increase the sentence further by amounting to a more serious offence.

If a driver’s actions cause a fatality and they leave the scene, they may face additional charges such as:

• Causing death by dangerous driving, which comes with a maximum sentence of life imprisonment under the Police, Crime, Sentencing and Courts Act 2022.
• Causing death by careless driving, which has a maximum penalty of up to five years’ imprisonment.

If you are prosecuted for either of these offences, you can face a driving disqualification for a minimum of 2 to 5 years, often accompanied by a requirement to retake your driving test before your licence is restored. In these circumstances, the court considers not just the initial collision but the driver’s moral culpability in failing to assist or report the incident.