Failing to stop and/or report an accident

Failing to stop after an accident

If you are involved in an accident you are required to stop and exchange details with any other parties involved to give them your  name and address, those of the owner of the vehicle 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 an accident?

The driver has an obligation in law to report an accident as soon as is practically possible at a Police Station or to a police constable and in any case within 24 hours.

If you fail to stop, exchange details or report an accident then it is important you seek legal advice as soon as possible – call our specialist motoring law team today on 0115 784 1588

The likely penalties for failing to stop or failing to report an accident will depend on any aggravating or mitigating features making the offence more or less serious, any personal mitigation, whether or not you plead guilty to the offence, 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 has occurred. Knowledge includes where a driver knows that there has been an accident but deliberately chooses to put it out of his mind. You may have a defence to both failing to stop and failing to report an accident if you did not know there had been an accident. The burden of proof is on the defence to establish genuine unawareness of the accident.

When would I need help from a solicitor?

• 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
• If you do not think you should be dealt with in accordance with the guidelines
• If you want a solicitor to make representations on your behalf
• If you do not want to represent yourself in court
• If you want to try and persuade the court to give you a lower number of points than the guidelines
• If you want points as opposed to a discretionary disqualification
• If you want a discretionary disqualification as opposed to points
• If you are at risk of a penalty points/totting disqualification.

Failing to stop after an accident – Further Information

Our motoring law solicitors are on hand to help and advise you if you have been charged with failing to stop after an accident or failing to report an accident. Call our motoring law team today on 0115 784 1588 or email maria@mooremotoringlaw.co.uk