Failure to Stop After an Accident and Failure to Report an Accident
Failure To Stop
‘Failure to stop’ happens when an accident involving a vehicle has occurred and the owner of the vehicle fails to stop at the scene, and when he or she is required to do so, does not exchange or provide their details.
‘Failure to report’ happens when a driver does not report the accident within 24 hours to the police.
These offences can carry up to ten points and disqualification, so should be treated with respect. In very rare cases, prison is possible. A disqualification is often avoidable.
What are my legal obligations?
If damage has been caused to another person or another person’s property, you must stop and provide your full details to the injured party/the owner of the damaged property. You must supply your name and address and the name and address of the owner of the vehicle you were using, if it is not your vehicle.
In the case of a person suffering injury you also have an obligation to report the matter to the Police “as soon as reasonably practicable” but in any event, within 24 hours.
I didn’t know I’d had an accident!
If you are unaware that you have had an accident this could be a genuine defence to the allegation of failing to stop or report the accident. However, it is not a defence to say the damage was only minor and so you did not think you had to stop.
Fighting Fail To Stop Allegations
The allegation of failing to stop or report an accident should be taken seriously as in extreme circumstances, particularly in the case of a “hit and run” incident it can lead to a custodial sentence. However, it is often the case that there are gaps in the evidence concerning identity and evidence of an accident or incident requiring a report.
If you are in any doubt about how to deal with your offence, ask reputable legal experts who can provide up to date legal advice that will help you to minimise your offence penalties.
You must:
Stop and remain at the scene for a reasonable period, give your vehicle registration number, your name and address, and that of the vehicle owner (if different), to anyone with reasonable grounds for asking for those details.
If you do not exchange those details at the scene, you must report the accident at a police station or to a police constable as soon as you can, and in any case within 24 hours.
Where injury is caused to another person, then in addition to the above you must:
Produce your certificate of insurance, if anyone at the scene has reasonable grounds to see it. If you do not, you must report the accident at a police station or to a constable as soon as you can and in any case within 24 hours.
If you don’t have your certificate of insurance when reporting the accident to the police, you may take it to the police station you nominate when you report the incident. You must do this within seven days of the accident.
In the worse case scenario, as outlined above, these offences can be dealt with by way of a prison sentence of up to 6 months. Again that would only be the case if somebody was badly injured and the Defendant drove away after being aware that an accident had taken place.
