Obligation to report a car accident

Question
Do I have to report a car accident to the police?

This depends on the circumstances of the accident. The law on this is set out in section 170 of the Road Traffic Act 1988.

When you must stop and exchange details:

If you are involved in a road traffic accident where damage or injury is caused to another person, another vehicle, an animal (horse, cattle, ass, mule, sheep, pig, goat, or dog), or property such as a wall, fence, or lamppost, you must stop at the scene. You are then required to give your name and address, the name and address of the vehicle owner, and the registration number of the vehicle to anyone who has reasonable grounds to require those details.

When you must report to the police:

You are legally required to report the accident to the police if either of the following applies:

1. You did not exchange your details with any other person at the scene who had reasonable grounds to request them.

2. Any person was injured in the accident and you did not produce your certificate of motor insurance at the scene to a person who had reasonable grounds to require it.

If reporting is required, you must do so at a police station or to a constable as soon as reasonably practicable, and in any event within 24 hours of the accident. If the issue is a failure to produce your insurance certificate at the scene, you must produce it at a police station within seven days.

What happens if you fail to comply:

Failing to stop or failing to report when required is a criminal offence. It carries a maximum penalty of six months' imprisonment and/or a fine, and between five and ten penalty points on your licence. Disqualification from driving is also possible.

Practical points:

Even where there is no strict legal obligation to report, it is often sensible to report the accident to the police in practice, particularly if anyone is injured, if there is significant damage, if another driver leaves the scene, if you suspect the other driver was under the influence of drink or drugs, or if there is any dispute about what happened. A police report can be very helpful if you later need to make an insurance claim or defend yourself against one.

You should also notify your own motor insurer promptly, as most policies require you to report any accident regardless of fault and regardless of whether you intend to claim.

If you have a specific set of circumstances you are dealing with, I am happy to help you work through whether you are required to report and what steps to take.

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