The offence
Section 170 of the Road Traffic Act 1988 requires a driver involved in an accident causing damage to stop, and, if required to do so, to give their details. If you do not stop and give details at the scene, you must report the accident at a police station or to a constable as soon as is reasonably practicable, and in any case within 24 hours.
Defences
- No accident occurred, or no damage was caused, so the duty did not arise
- You did stop and exchange details, so no obligation to report arose
- It was not reasonably practicable to report within 24 hours (a narrow argument)
- You were unaware an accident had occurred, in limited circumstances
Penalties
The offence is punishable by imprisonment, a fine, and penalty points or disqualification. It is treated seriously because it often involves leaving the scene of damage or injury. Where the accident caused injury or death, separate and far more serious charges may follow.
Frequently asked questions
Within 24 hours, at a police station or to a constable, if you did not stop and exchange details at the scene.
Yes. The offence is punishable by imprisonment, a fine, and penalty points or disqualification.
The duty to stop arises where damage is caused. Where only trivial damage occurs, the position can be arguable and should be considered carefully with advice.
Unawareness can be a defence in limited circumstances, but it is fact-sensitive. Early advice is important to assess whether it is viable.