Leaving the scene of an accident

Leaving the scene of an accident: legal position in England and Wales

The short answer is yes, you can be prosecuted. The relevant law is primarily found in sections 170 and 171 of the Road Traffic Act 1988.

Section 170 duties:

Where an accident occurs owing to the presence of a mechanically propelled vehicle on a road or other public place and results in injury to any person, damage to another vehicle, damage to certain property (including roadside structures, street furniture, or animals), the driver is under a legal duty to stop and, if required, give certain particulars.

What you must do:

1. Stop at the scene.
2. If anyone reasonably requires it, give your name, your address, the name and address of the vehicle's owner, and the registration mark of the vehicle to any person having reasonable grounds for requiring them (for example the other driver, a pedestrian, or the police).
3. If you do not exchange those particulars at the scene, you must report the accident to a police station or to a constable as soon as reasonably practicable, and in any case within 24 hours.
4. Where the accident involves personal injury to another person, you must also produce your certificate of insurance at the time to a constable or any person who has reasonable grounds for requiring it. If you do not produce it at the scene, you must report the accident to the police as above and produce the insurance certificate at a police station within 24 hours (or as soon as reasonably practicable, and within seven days in some circumstances).

Offences and penalties:

Failing to stop is an offence under section 170(4) of the Road Traffic Act 1988. Failing to report is a separate offence under the same subsection. You can be charged with one or both.

The maximum penalty on summary conviction is six months' imprisonment, an unlimited fine, or both. The court must also impose between five and ten penalty points on your driving licence and may disqualify you from driving.

In more serious cases, particularly where someone has been injured and you knew or ought to have known that, the sentencing can be significantly more severe in practice. Aggravating factors include driving off at speed, taking steps to conceal your identity or the vehicle, and failing to come forward for a prolonged period.

Additional offences that may apply:

If someone has been seriously injured or killed, other charges may be considered alongside or instead of the section 170 offence, such as causing serious injury by dangerous driving or causing death by dangerous or careless driving. Leaving the scene does not replace those charges but may make prosecution more likely and sentencing harsher because it suggests consciousness of guilt.

If you were uninsured, unlicensed, or under the influence of drink or drugs, separate charges under relevant road traffic legislation can also follow.

Practical points:

If you have already left the scene of an accident without stopping, the single most important thing you can do to mitigate the position is to report to the police as soon as possible. Doing so within 24 hours fulfils the reporting obligation under section 170(6), although it does not retrospectively excuse the failure to stop at the time, which remains a separate offence. However, a prompt voluntary report is a significant mitigating factor and may reduce the likelihood of prosecution or the severity of any sentence.

If you are under investigation or have been charged, you should obtain legal representation before your police interview or court hearing. You may be eligible for legal aid depending on your means and the seriousness of the charge.

If there is a specific factual situation you are dealing with, I am happy to go into more detail if you share the circumstances.