Failing to stop after minor damage accident

Yes, you can be charged with failing to stop after an accident even if the damage was only minor. The offence does not depend on the severity of the damage.

Legal position:

The relevant law is section 170 of the Road Traffic Act 1988. This section applies where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which damage is caused to another vehicle, other property, a person, or an animal. The driver must stop and, if required to do so by any person having reasonable grounds, give their name and address, the name and address of the owner of the vehicle, and the identification marks of the vehicle.

If the driver does not give those details at the scene, they must report the accident to a police station or to a constable as soon as reasonably practicable, and in any case within 24 hours.

There is no threshold of seriousness. Even a scratch on another vehicle, a dented bumper, or a knocked wing mirror is enough to trigger the duty. What matters is whether damage was caused, not whether it was serious.

The offence of failing to stop is found at section 170(4) of the same Act. It carries a maximum penalty of six months' imprisonment and/or an unlimited fine. It also carries between five and ten penalty points, and the court has a discretionary power to disqualify.

Practical considerations:

1. The fact that damage was minor is relevant to sentencing, as courts will treat a failure to stop after a trivial scrape differently from a failure to stop after a serious collision with injuries. The Sentencing Council guidelines take account of the level of harm and culpability.

2. If you are aware of the incident and deliberately drove away, the prosecution is more straightforward. If you genuinely did not realise any contact had been made, that may be a defence, because the offence requires knowledge that an accident has occurred, or at least that you ought reasonably to have been aware.

3. If you have already left the scene but have since become aware of the incident, reporting it to the police as soon as reasonably practicable and within 24 hours may mean you have complied with the alternative reporting duty under section 170(3). This does not excuse the failure to stop, but it shows willing cooperation and can significantly affect whether a prosecution is pursued and how you are sentenced.

4. If you have been contacted by the police about this, or you expect to be, it would be sensible to seek advice from a motoring offence solicitor before attending any police interview. What you say in interview can be important.

5. If you are offered a police interview under caution, you are entitled to free legal advice at the police station, and it is usually wise to take it.

Key point to keep in mind:

The law is clear that the duty to stop is triggered by any damage, however minor. The courts and the CPS do prosecute these cases even where the damage is small, particularly if there is CCTV or a witness, or if the other party has reported it. The seriousness of the damage goes to penalty, not to whether the offence is made out.