Failing to Stop After an Accident

If you have been involved in a road traffic accident, you have a legal obligation to stop and share your details with anyone else involved. A failure to stop/ report an accident to the police, or share your details, can amount to an offence.

If you have been accused of failing to stop after a car accident, or of failing to report an accident, you should seek expert legal advice at your earliest opportunity. JMW's expert motoring solicitors are here to provide you with the legal advice and services you need after being charged with an offence. We can examine evidence, build your defence and minimise any risk of penalties, including in cases where you are alleged to have been involved in an accident that you have no knowledge of.

With many years of experience and a success rate in defending accident offence allegations that speaks for itself, our team of motoring offence specialists is in the perfect position to help you secure a positive outcome and reduce any penalties imposed.

To contact our team of specialist motoring solicitors and find out how we can help you, call JMW for free on 0345 872 6666 or complete our online enquiry form and we will get back to you as soon as we can.

How JMW Can Help

JMW has a reputation as one of the country’s leading motoring offence departments and has received recognition from prestigious guides such as The Legal 500 and the Chambers & Partners guide.

We pride ourselves on our success rate in helping our clients defend allegations or reduce the penalties imposed by the court. We provide all legal advice in clear and easy-to-understand language to give you the best possible chance of a positive outcome, and work to minimise stress during legal proceedings.

From the outset, we will examine whether the prosecution has sufficient evidence to charge you with an offence, and outline the potential consequences, which will be more serious if there were injuries caused by the accident than for incidents involving minor property damage. If there is not enough corroborated evidence, we can make representations to try to have charges dropped.

If the prosecution goes ahead, we can build a defence for you and examine whether pleading guilty could reduce the potential penalties the court decides to impose. Whether you have been charged with failing to report an accident, failing to stop following an accident, or both, we can help you either defend the allegation or reduce the potential penalty imposed by the court.

Meet Our Team of Driving Offence Solicitors

At JMW, our specialist motoring offence solicitors have a thorough understanding of road traffic law pertaining to accidents. We have helped many clients to successfully avoid driving bans, criminal convictions and custodial sentences when they have been accused of failing to stop and report a road accident or related offences.

Failure to Stop and Report a Road Accident Explained

Drivers who have been involved in a road accident that has caused property damage or a personal injury have a legal duty to stop at the scene and exchange details with anyone involved. They must provide certain information to the injured party or the owner of the damaged property:

• Full name and address of the driver
• Full name and address of the owner of the vehicle (if different to the driver)
• Vehicle identification/registration number

It is not a legal requirement in every scenario to provide your insurance details, but it is advisable to do so. You must provide your insurance certificate if personal injury has been caused to another person and you’ve been asked for it by the police or anyone involved in the accident.

This will apply in most cases, but if you cannot stop at the time - for example, if the accident occurred in a place where it would be unsafe to stop - you must report the incident to the police as soon as reasonably practicable. There are some legitimate reasons why you may not have stopped initially, and there will be no penalties imposed, provided you report the incident within 24 hours. Any failure to do so can mean that the driver will face charges of failure to stop, also known as failure to provide driver details, or a failure to furnish information.

What Happens if You Fail to Stop After an Accident?

In some cases where drivers fail to stop, they may later receive an official police request for information. The police can often rely on CCTV footage, eyewitness accounts and automatic number plate recognition to identify the vehicles involved in any such incidents, and they may get in touch to find out more information before making a charging decision.

If you receive an official police request for driver information, do not ignore it, even if you were not involved in the accident. Under the Road Traffic Act 1988, all drivers are required to provide the police with information about their vehicle and the circumstances of an accident they were involved in or witnessed. Failure to do so is a criminal offence and carries significant penalties.

A person commits a failure to stop offence if they fail to stop at the scene, report the accident to the police as soon as they can, or provide information when requested. However, there may be reasonable grounds for not stopping that can be relied on in your defence, and you should contact a solicitor as soon as possible if you are facing allegations of this nature.

What Is the Penalty for Failing to Stop After an Accident, or for Failing to Report an Accident?

If evidence suggests that a driver failed to stop and failed to report the accident, they can be charged with both, or either, of these offences. This may be done through a notice of intended prosecution (NIP) being sent to the registered keeper of the vehicle. Information about the nature of the offence, when and where it took place, and the penalties the driver is facing will be included within.

While an NIP is usually associated with a fixed penalty, the outcomes for failing to stop can be wide-ranging. The penalties for both offences are potentially very serious. In line with the failure to stop or failure to provide driver details S172 sentencing guidelines, they could include:

• Up to six months' imprisonment
• Disqualification from driving or five to 10 penalty points on your licence
• Unlimited fine

Learn more in our guide to the sentencing guidelines for failing to provide driver details.

Thankfully, there are certain factors that can be raised in your defence and serve to minimise the risk of the most serious penalties. For example, if we can show that you were unaware that the event had taken place, or you have taken steps to make amends for your actions, these factors can be raised to mitigate penalties.

What Should I Do if I Panic and Leave the Scene of an Accident Unintentionally?

Leaving the scene of an accident without stopping and providing the required information is a serious offence. If you panic and leave the scene unintentionally, here are some steps you can take:

1. Return to the scene if it is safe: if you realise your mistake quickly and it is safe to do so, return to the scene of the accident
2. Report the accident to the police: if you cannot return to the scene, you should report the accident to the police within 24 hours, but the sooner the better. Explain the situation honestly, including your reasons for leaving the scene
3. Contact your insurance company: notify your insurance company of the accident, providing them with all relevant details
4. Seek legal advice: given the serious nature of leaving the scene of an accident, you should seek legal advice, especially if there were injuries or significant damages involved. A legal professional can guide you through the legal process and help you understand your rights and obligations

While it may be possible to explain a failure to stop as a symptom of panic immediately after the accident, this is not a justification for failing to report the accident to the police later. In most cases, this will be inferred as an offender seeking to avoid arrest for bad driving, and you can face strict penalties if you are convicted of leaving the scene for this reason.

Can a Solicitor Help if I Have Been Charged with Failing to Stop and Provide Details?

The team at JMW can guide you through the entire process of dealing with a motoring offence. By thoroughly reviewing the facts of your case, gathering evidence, and assessing the strength of the prosecution's case, we will build a strong defence, with the aim of either reducing or removing your charges. 

This defence may include challenging the evidence raised by the prosecution, presenting alternative explanations, or arguing legal technicalities. If your case goes to court, your solicitor will represent you and present your argument and any mitigating circumstances based on the evidence we have collected.

Q

Should I contact the police after a minor accident even if there are no injuries?

A

You are not usually required to contact the police after a minor accident if there are no injuries and all parties have exchanged the necessary information (names, addresses and registration numbers). However, there might be situations where it is still advisable to report a minor accident to the police, such as:

• If there is a disagreement between the parties involved
• If you have hit an unattended vehicle or property and are unable to locate the owner
• If you suspect the other driver is under the influence of alcohol or drugs or involved in other illegal activities
• If you feel it's necessary for insurance purposes

If you are unsure about your obligations or options, it may be wise to consult with a legal expert from JMW.

Q

Is it considered a hit-and-run if I hit an unattended vehicle or property, like a parked car or a fence?

A

Hitting an unattended vehicle or property and leaving the scene without making an effort to notify the owner or leave your contact information can be considered a hit-and-run offence. Even if the property owner is not present, you are still required to take reasonable steps to inform them of the accident, such as leaving a note with your contact information and a brief description of the incident. Failing to do so may lead to legal consequences, including fines or other penalties.

Q

Can I be charged with hit-and-run if I was not at fault in the accident?

A

You can be charged with a hit-and-run even if you were not at fault in the accident. The hit-and-run laws typically focus on the act of leaving the scene without providing aid or the required information, rather than who caused the accident. Even if the other party was at fault, leaving the scene without complying with the legal requirements could result in a hit-and-run charge for you.

Q

What information must I provide if I am involved in an accident?

A

If you are involved in a car accident, you are typically required to stop at the scene and provide the following information:

1. Your name and address. If you are not the vehicle's owner, you must also provide the owner's name and address.
2. The vehicle’s registration number.
3. Insurance details. You do not legally have to provide insurance details at the scene, but the police may ask for them.

This applies in any incident where there is property damage (including even minor damage) or injury.