Every motorist is under an obligation following an accident to stop at the scene and then to report the matter to the Police. If you fail to stop and report an accident, you could be found guilty of these offences.
The Law states that following an accident, you should remain at the scene and exchange your details with the other people involved or any person having reasonable cause to request them. If you stop but don’t exchange your details, you could still be guilty of the offence, dependant upon the circumstance as why you did not exchange details.
But what if I didn’t know of the accident
If you can demonstrate to the Court that you were not aware that an accident had occurred (particularly relevant to very minor accidents) then the Court may agree that you did not have a duty to stop and exchange details. If the Court views that you should have been aware of the accident because of the noise or damage caused, then they will find you guilty. These case always depends upon the fact specific to that case. For an expert assessment of your case, call Carl today.
What if no-one else was involved?
Where you are the only person involved, you should remain at the scene and attempt to identify who may need to be informed, for example knock on nearby houses if collided with a parked car or inform the shop in a shop’s car park. But where there is not possible to identify someone, you should make sure that report the matter to the Police, either from the scene especially if there is a blockage to the road, or in person at the station as soon as you can.
But when do I need to report the accident?
The Law requires that you report the matter to the Police as soon as is reasonably practicable and at least within 24 hours. When reporting the matter you should try to provide as much detail as possible, such the location, details of other people involved and it there was any damage to property. Even if you do report the matter within 24 hours but the Police consider you could have reported the matter sooner, then you can still receive a summons for the offence.
What is the penalty if I fail to stop and report an accident?
If you are guilty of failing to stop and report an accident, the Court will impose between 5 and 10 penalty points. In addition you will face an additional punishment ranging from a fine to imprisonment. The Court could dependant upon the circumstances disqualify you instead of giving you penalty points.
You need to be aware if you already have points on your licence, and the new points takes you over 12 points within a 3 year period, the Court will look towards a disqualification under the totting up procedure. For more details on this see our section “Application for Exceptional Hardship”
What do I do now?
If you face an allegation that you failed to stop and report an accident, it is important that you seek specialist advice immediately. With a proven track record of defending these case, Trident Solicitors can help you. Call Carl today on 01482 227669 or click “Ask a Question”
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