Failing to Stop/Failing to Report an Accident

Following a road traffic accident, there are certain requirements of motorists involved. One such requirement is the obligation to stop and report the accident. Failing to stop following an accident or failing to subsequently report it can result in serious penalties.  

At Olliers Solicitors, our specialist motoring law team has extensive experience defending clients accused of this offence. We can help you understand your legal position and explore all available defences. 

What is Failing to Stop/Failing to Report an Accident? 

Under Section 170 of the Road Traffic Act 1988 there is a duty imposed on motorists to either stop or report an accident. There is also a further duty to give information or documents when so required.  

A driver must stop if involved in an accident. If required to do so by any person having reasonable grounds for so requiring, the driver must also give their name and address and also the name and address of the owner and the identification marks of the vehicle. 

If a driver does not provide their details for any reason, they must report the accident.  

Where Must I Report the Accident? 

If you are required to report an accident, this must be done in person at a police station or to a constable. 

When Must I Report the Accident? 

A driver must report an accident as soon as reasonably practicable, and in any case, within twenty-four hours of the occurrence of the accident.  

Do I Have to Stop If No One Is Around? 

Yes, you are still required to stop even if no one is around. A driver must stop after an accident, even if for a short period of time. The time must be sufficient given the circumstances of the accident.  

Defences 

I Did Stop or Report 

If it can be established that you did stop at the time of the accident and exchanged details, or that you did report the accident as soon as reasonably practicable, this would be a defence.  

I Had No Knowledge of the Accident 

If you had no knowledge of the accident occurring, this can amount to a defence. This would require the court believing that you were genuinely unaware that an accident had occurred.  

This defence would not be able to be raised if the reason you were unaware of the accident was due to intoxication.  

No Damage Occurred 

There is only an obligation to stop and report if: 

1. Personal injury is caused to a person other than the driver; or 
2. Damage is caused to a vehicle other than the driver’s vehicle, to an animal, or to any other property.  

Therefore, as long as no damage or injury was caused to anything or anyone else by your vehicle, or due to your driving, this could amount to a defence. 

I Was Not the “Driver” 

The prosecution must prove that you were the driver of the vehicle in question. If you were not the driver, or this cannot be established by means of admissible evidence the case may be dismissed.  

Private Land 

For the offence to be committed, it must occur on a “road” or other “public place”. If the court find that the location of the alleged offence is a private place, you are entitled to be acquitted.  

Penalties for Failing to Stop/Failing to Report

If convicted of either failing to stop or report, the penalties can include: 

• 5-10 penalty points on your driving licence  
• An unlimited fine, community order, or up to 6 months in prison. 

A conviction for failing to stop/failing to report could also have an impact on your insurance previous and you could run the risk of a disqualification from driving under the totting-up procedure.

Important Notes Regarding These Offences 

There are a couple of important notes that motorists should be aware of regarding these offences:

1. Driving at the time of the accident is not necessarily a pre-requisite to prove the offence. For example, if you parked your vehicle on a hill and got out of the vehicle, but then it rolled backwards, whilst you were not in the vehicle at the time of the accident, the offence could still be made out. The statute refers to “driver” not “driving” or “drives”, whether someone was the “driver” and remains the “driver” is a question of fact to be determined by the court.  
2. A driver must stop even for a short time if an accident has occurred. Even if no damage is done to their vehicle, a driver must stop if their driving is what caused an accident. 

Why Choose Olliers?  

• Decades of experience in motoring law  
• A proactive, strategic approach to defending your case  
• Clear, honest advice from the outset  
• Representation in both the Magistrates’ and Crown Court if required  

Contact Olliers – Motoring Law Specialist Solicitors 

If you’ve been accused of failing to stop/failing to report, don’t delay. Early legal advice can make all the difference. 

Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).