Failure to Stop or Failure to Report a Road Accident

Failure to stop or report a road accident within 24 hours is a serious offence, with penalties including up to £5000 fine, 5-10 points, and a possible ban.

You must report the accident, no matter who is at fault. Not stopping or reporting could result in criminal charges.

If you've been accused of failing to stop or report a road accident, call our motoring offence solicitors at 0203 959 7755 for advice and build a strong defence.

Table of Contents

Understanding the legal framework (The Road Traffic Act 1988)

Under Section 170 of the Road Traffic Act 1988, drivers must stop and exchange details at the scene or report the accident to the police within 24 hours.

Key parts of Section 170 include:

1. Failure to Stop
2. Failure to Exchange Details
3. Offences and Penalties

Failure to Stop

Drivers must stop if they're in an accident. This rule applies even if no one is hurt or if there's no damage. They need to give their details to others or the police if asked.

Failure to Exchange Details

If drivers can't swap details at the scene, they must tell the police within 24 hours. Just calling emergency services 999 or 101 isn't enough to meet the legal requirements.

Offences and Penalties

Not stopping or reporting an accident is against the law. Drivers could face fines, points on their driving licenses, or even lose their driving rights. In serious cases, they might even go to prison.

Section 170 makes sure drivers are accountable for accidents. It helps stop hit-and-run incidents. This way, the roads are safer for everyone.

When must an accident be reported?

In the UK, drivers must report accidents if they don't exchange details at the scene. Not reporting within 24 hours is a crime under the Road Traffic Act 1988.

You must report the accident to the police within 24 hours, either in person at a police station or to an officer, as simply calling 999 or 101 is not enough.

You must stop and report an accident if it involves:

• Injury to a person (another driver, pedestrian, or cyclist).
• Damage to another vehicle.
• Damage to roadside property (fences, signs, buildings).
• Injury to certain animals (dogs, horses, cattle).

At the scene, you must stop and give your name, address, and vehicle registration to anyone who needs it.

Failing to report an accident within 24 hours

Drivers involved in an accident under Section 170 of the Road Traffic Act 1988 must exchange details or report it to the police within 24 hours.

Failing to report a road accident within 24 hours is a criminal offence, carrying penalties like fines, points, disqualification, or imprisonment.

Penalties for failure to stop or report an accident

Failing to stop or report an accident can result in fines up to £5,000, 5 to 10 penalty points, a driving ban, and up to 6 months in prison for serious offences.

Depending on the severity of the case, a driver may face:

• A fine of up to £5,000.
• 5 to 10 penalty points on your driving licence.
• A driving ban in serious cases.
• Up to 6 months imprisonment for extreme cases.

The penalty depends on the circumstances of the offence. This includes intent, damage or injury, and any previous convictions.

Sentencing guidelines for failure to report an accident

Failure to report an accident is a criminal offence with serious legal consequences. The sentencing guidelines take into account the culpability of the driver, the harm caused, and any mitigating circumstances.

Depending on the severity, penalties can range from a fine and penalty points to a driving disqualification or even imprisonment.

Here are the sentencing guidelines for failure to report an accident:

Category 1: Higher culpability and greater harm

• Culpability: Deliberate failure to report, attempt to evade justice
• Harm: Serious injury, significant damage, drugs/alcohol involvement
• Starting Point: High-level community order
• Range: Low-level community order – 26 weeks' custody
• Disqualification/Points: Disqualify 6–12 months OR 9–10 points (extended if immediate custody)

Category 2: Higher culpability & lesser harm or lower culpability & greater harm

• Culpability: Negligence, no deliberate intent
• Harm: Some injury or moderate property damage
• Starting Point: Band C fine
• Range: Band B fine – Medium-level community order
• Disqualification/Points: Disqualify for up to 6 months OR 7–8 points

Category 3: Lower culpability and lesser harm

• Culpability: Genuine mistake or unavoidable delay
• Harm: Minor damage, no intent to evade
• Starting Point: Band B fine
• Range: Band A fine – Band C fine
• Disqualification/Points: 5–6 points

Defences for failing to report an accident

If you've been accused of not reporting an accident in 24 hours, you might have a defence. These include:

1. Lack of Awareness

If the driver genuinely did not realise an accident had occurred, they may not be held responsible.

2. Emergency Situations

If the driver had an urgent reason (such as a medical emergency) preventing them from stopping or reporting, this could be a valid defence.

3. Attempt to Report

Trying to report but couldn't because of unforeseen circumstances (like being in hospital)? This could be a defence.

4. No Legal Obligation

If no damage, injury, or impact on another vehicle or property occurred, the obligation to stop and report may not apply.

What if I didn't realise an accident had occurred?

A lack of awareness might be a valid defence. If you didn't notice a collision, like a minor scrape, a solicitor could argue you didn't mean to ignore it.

The role of a motoring offence solicitor

If you're accused of not stopping or reporting an accident, get legal advice fast. Our motoring offence solicitor can:

• Check if the prosecution's case is strong.
• Find possible defences or mitigating factors.
• Talk to prosecutors to get reduced charges or penalties.
• Stand up for you in court to minimise sentencing outcomes.

Our experienced solicitor knows how to challenge evidence, highlight mitigating circumstances, and present a strong defence. We protect your rights and licence.

Contact a solicitor if you've been charged with failing to report an accident

Accused of failing to stop or report a road accident? Call our motoring offence solicitors in London at 0203 959 7755 for legal advice and avoid penalties.

Seeking legal advice immediately can help protect your driving licence and avoid serious penalties.