What Is the Penalty for a Hit and Run on a Parked Car in the UK?
If you hit a parked car while you were driving, whether you were driving past it or bumped into it while reversing, and did not stop to exchange details, you could be prosecuted for a hit and run offence. The penalty for a hit and run offence is significantly more severe than the costs you might otherwise have incurred if you did stop, with a maximum sentence of an unlimited fine and up to 10 penalty points on your driver’s licence. If your offence was especially severe, you could even face up to six months in prison and receive a driving ban.
At the same time, it can be hard to know what to do in these cases. Parked cars are often unattended, and with no other driver on the scene it can be hard to know how to leave your insurance details and vehicle registration information. However, failing to stop and provide details is a criminal offence that comes with steep potential penalties, even beyond the legal consequences. You may lose your driving licence, which could affect your job, future employment opportunities and those who rely on you to support them. Having points on your licence and a conviction for a serious offence like a hit and run means your insurance company will charge higher premiums.
Therefore, it is essential that you understand the legal requirements that you must fulfil when you are involved in a road traffic accident, and the consequences you could face when you hit a parked car and drive away from the accident scene. In the following guide, the expert motoring offences solicitors at JMW outline what you can expect following a hit and run offence, what you should do if you are being charged with an offence and how a professional solicitor can help you.
What Are the Legal Requirements if You Hit a Parked Car?
The Road Traffic Act 1988 lists a number of actions that any driver involved in a collision must take to report the incident and account for any damage caused. First, you must stop immediately, even if the damage seems minor. Failing to stop is an offence that can lead to penalties, including fines, penalty points or even disqualification from driving. If there is a risk to your personal safety, you can move your car to a safer location nearby, but it is best to remain in place and switch on your hazard lights.
You are legally required to give your name and address, as well as the vehicle owner’s details (if you are not the owner), to the other driver or the owner of the damaged vehicle. You should also provide your vehicle registration number. If the parked car’s owner is not present at the scene, you must leave your details in a secure and visible place. This usually means leaving a written note on the windscreen with your name, address and registration number. Simply driving away without leaving your information counts as a “fail to stop and report” offence.
If you cannot exchange details with the other party (for example, if they are not present), you must also report the incident to the police within 24 hours. This can be done at a police station or by calling 101. Even if you have left a note, it is often best practice to still report the incident to cover yourself legally.
It is a criminal act to fail to take these steps and you risk being charged with a hit and run offence, so it is important to be thorough and comprehensive. Car insurance policies may also be invalidated if you fail to disclose an accident, so you should also inform your insurer, even if you think the damage is minor and you do not intend to make a claim.
What Happens After You Hit a Parked Car and Drive Off?
Many drivers who commit hit and run offences do not do so with the intent of causing damage. Instead, they panic and drive away. While you may think no one was around to spot you, most car parks and parking spots are monitored by nearby CCTV, meaning your car registration plate can be easily identified and the police will be able to charge you with the offence.
You may receive a fixed penalty notice (FPN) through the post, detailing your offence, or you may be pulled over later by the police and charged. If you receive an FPN, you will have the option to either accept the charge and the associated penalties, or refuse them. If you refuse them, you will be expected to defend your decision in court, and it is important to only take this step if you have the legal grounds to do so. Challenging an offence in court can lead to significantly higher penalties if you are found guilty, and it is usually only possible to successfully overturn the charge with the support of an experienced solicitor.
If your offence was more severe - such as if you were driving recklessly, there was alcohol or drugs involved, or if someone was injured in the collision - you may be arrested and taken to the police station, or be given a court summons instead of an FPN. In these cases, you can expect your penalties to be more severe, including a potential prison sentence.
What Should You Do if You Are Charged with a Hit and Run Offence?
Failing to stop and report an accident may result in a hit and run charge in the UK. Laws governing how to respond to an accident under the Road Traffic Act 1988 are strictly enforced so, before you make any decisions, you should speak to a legal expert about what to do next. Depending on your situation, the right move will vary and a legal expert can help you to navigate the complexities of motoring law to best understand your options.
If you receive an FPN, you will have a month from the date you committed your offence to respond to it. In cases where there is a lot of evidence against you, and where the penalties are generally lower, it may be best to simply accept your charges. This is because disputing a motoring offence and failing will lead you to incur even higher penalties, so it is only worth doing if your solicitor is confident that it is worth the risk and that you have a good chance of succeeding.
If you are arrested and taken to the police station, or if you receive court summons, you should contact a solicitor as soon as possible to ensure you have time to prepare to deal with your prosecution.
Beyond anything else, you should not ignore an FPN; if you do, you will only receive stronger penalties. Ensure you provide a response to the police well within the deadline and, if you agree to pay a fine and take your charges, follow through with them.
How Can a Solicitor Help You with a Hit and Run Charge?
While you can represent yourself in court following a motoring offence, you should not do this under any circumstances. Motoring law is highly complex and our professional solicitors have studied it for decades, which has allowed us to keep up to date with trends and developments and identify methods for defence. We will take every possible step, from reviewing the accident scene to collecting CCTV footage and witness statements that support your version of events.
Without the expertise of a solicitor, you will not be able to defend yourself successfully against a motoring offence charge, and you run the risk of making decisions that could lead to costly penalties or more time-consuming processes. Our solicitors regularly help those who are being charged with hit and run offences by providing advice on what steps to take, representation in court and helping to remove or reduce penalties so drivers can stay on the roads, able to support their families and retain their jobs.
JMW also has expertise in presenting mitigating circumstances during sentencing, which means that even if you are convicted of a hit and run offence for colliding with a parked car, we can make sure the full situation is taken into account and that you do not receive the harshest penalties.
For more information on how to deal with hit and run accidents, call our expert team today on 0345 872 6666, or fill out our online contact form and we will return your call at a time convenient for you.