Failing to Stop After an Accident - Expert Legal Defence
Charged with failing to stop after an accident? Expert defence for Section 170 offences. We fight hit-and-run charges. Free consultation. Call now.
High
Client’s Success
0
Successful Cases
Start Today
Enter your details below for a free initial call.
High Success Rate
No Hidden Charges
A Truly Personal Touch
Language Support
You drove away from an accident. Maybe you panicked. Maybe you didn’t realise you’d hit something. Maybe you were scared. Whatever happened, you’re now facing a charge of failing to stop after an accident, and the consequences could be serious.
This charge carries up to 6 months in prison, an unlimited fine, 5-10 penalty points, and a possible driving ban. Courts take these offences seriously because they see leaving the scene as an attempt to avoid responsibility.
At Scarsdale Solicitors, we defend drivers charged with failing to stop after an accident across England and Wales. We understand why people leave accident scenes, and we know how to present your case to achieve the best possible outcome.
Facing a failure to stop the charge? Call +44 (0) 161 660 6050 for immediate confidential advice.
What Is Failing to Stop After an Accident?
Under Section 170 of the Road Traffic Act 1988, if you’re involved in a road traffic accident that causes injury to any person, damage to another vehicle, damage to property, or injury to certain animals, you must stop.
The law requires you to:
- Stop at the scene
- Provide your name and address to anyone reasonably requiring it
- Provide the vehicle owner’s name and address if different
- Provide the registration number of your vehicle
- If a personal injury occurred and you cannot produce your insurance certificate at the scene, report the accident to the police within 24 hours and produce the certificate within 7 days
Failing to stop after an accident occurs when you leave the scene without fulfilling these obligations. The offence is sometimes called “hit and run,” though that term isn’t used in the legislation.
The legal requirements apply regardless of who was at fault for the accident itself. Even if the other driver caused the collision, you still have a duty to stop and exchange details.
Types of Accidents Requiring You to Stop
Not every minor incident triggers the duty to stop. Section 170 specifies which accidents require you to remain at the scene.
Personal injury accidents
If anyone is injured, you must stop. This includes injuries to pedestrians, cyclists, other drivers, passengers in any vehicle, or even injuries to yourself that others might need to know about.
The injury doesn’t need to be serious. Even minor injuries trigger the requirement. If you weren’t sure whether someone was hurt, that’s often a defence point we can explore.
Vehicle damage
Damage to another vehicle requires you to stop. This covers everything from minor scrapes in car parks to serious collisions. The value of damage doesn’t matter legally, though it may affect how courts view the seriousness of leaving.
Property damage
If you damage someone’s property, such as garden walls, fences, street furniture, or parked vehicles, you must stop. Many failing to stop after an accident charges arise from incidents where drivers clip parked cars or knock over bollards.
Animal injuries
The law requires stopping if you injure certain animals: dogs, horses, cattle, asses, mules, sheep, pigs, and goats. Cats and wild animals aren’t included, though injuring any animal and driving off could still result in other charges.
Not sure if your accident required you to stop? Call +44 (0) 161 660 6050 to discuss your situation.
Penalties for Failing to Stop After an Accident
The penalties for failing to stop after an accident can be severe, particularly if the accident caused injury.
Standard penalties
For a basic failing to stop after an accident offence:
- Up to 6 months’ imprisonment
- Unlimited fine
- 5-10 penalty points
- Discretionary disqualification
Sentencing factors
Courts consider several factors when deciding a sentence:
Aggravating factors that increase penalties:
- Serious injury was caused
- You drove a significant distance before stopping
- You made deliberate efforts to avoid identification
- You were under the influence of drink or drugs
- You returned to the scene to remove evidence
- The victim was particularly vulnerable
- You have previous convictions
Mitigating factors that may reduce penalties:
- You genuinely didn’t realise an accident occurred
- You panicked and later reported the incident
- The damage or injury was very minor
- You cooperated fully once caught
- You have no previous convictions
- Personal circumstances explain your actions
Imprisonment
Prison is possible but not inevitable. Courts reserve custody for the most serious cases, particularly where significant injury occurred, and the driver showed deliberate disregard for the victim.
For less serious failing to stop after an accident offences, community orders or fines are more common outcomes, especially for first-time offenders with good character.
The 24-Hour Reporting Rule
Section 170 provides an alternative to stopping at the scene. If, for any reason, you don’t give your details at the time of the accident, you must report it to a police station as soon as reasonably practicable, and in any case within 24 hours.
What counts as reporting
You need to attend a police station in person. Phoning 101 or 999 doesn’t satisfy the requirement. Online reporting doesn’t count either.
When you report, you must provide:
- Your name and address
- Vehicle owner’s details
- Vehicle registration
- Details of the accident
If the accident involved personal injury and you did not produce your insurance certificate at the scene, you must also produce it at the police station within 7 days of the accident.
When reporting applies
The 24-hour rule is meant as an alternative when stopping wasn’t possible, not as permission to drive off and report later. Valid reasons for not stopping might include:
- Dangerous traffic conditions made stopping unsafe
- You were threatened by others at the scene
- You needed immediate medical attention yourself
- You were genuinely unaware that an accident occurred
If you knew about the accident and simply chose to report later rather than stop, courts may view this less favourably than if there was a genuine reason.
Failing to report
If you neither stop nor report within 24 hours, you commit a separate offence of failing to report an accident. Both charges often run together, though they’re legally distinct.
If you’ve left an accident scene, reporting immediately may help your case. Call us first on +44 (0) 161 660 6050.
Defences to Failing to Stop After an Accident
Several defences can apply to failing to stop charges. The right defence depends entirely on your specific circumstances.
You didn’t know an accident occurred
This is the most common defence. If you genuinely weren’t aware that your vehicle was involved in an accident, you cannot be guilty of failing to stop after an accident.
This defence often arises in situations like:
- Minor contact in heavy traffic or car parks
- Glancing blows where you felt nothing unusual
- Damage was discovered later that may have occurred elsewhere
- Incidents at night or in poor visibility
The prosecution must prove you knew, or should have known, an accident occurred. Evidence like dashcam footage, witness statements about impact severity, and damage location all become relevant.
You stopped but couldn’t find anyone
If you stopped and waited a reasonable time but couldn’t locate the other party, you may have a defence, provided you then reported within 24 hours.
This commonly happens with:
- Damage to parked vehicles where no owner appears
- Late-night incidents in quiet areas
- Property damage where no one is present
How long you waited, whether you left a note, and whether you reported subsequently all affect how courts view this defence.
Emergency circumstances
Very occasionally, emergency circumstances justify leaving the scene. If you were left to summon emergency help, to escape a genuine threat to your safety, or because you needed urgent medical attention yourself, these factors may provide a defence or significant mitigation.
Simply being late for work, worried about consequences, or wanting to get home doesn’t count as an emergency.
Procedural defences
Police must follow proper procedures when investigating a failure to stop after an accident. Challenges to identification evidence, CCTV handling, witness reliability, and interview procedures can all form part of a defence strategy.
How Police Investigate Failing to Stop Offences
When an accident is reported, and the other driver left the scene, police use various methods to identify them.
CCTV and cameras
ANPR cameras, council CCTV, and private security cameras often capture vehicles near accident scenes. Police routinely request footage from surrounding areas.
Witness evidence
Other drivers, pedestrians, and residents may note registration numbers, vehicle descriptions, or driver appearance. Mobile phone footage is increasingly common.
Vehicle examination
Paint transfer, damage patterns, and debris at the scene can link specific vehicles to accidents. If your vehicle has corresponding damage, this becomes strong evidence.
Interviews and admissions
Many failing to stop after an accident are resolved when drivers admit involvement, either because they report the accident themselves or when questioned by police.
If police contact you about a suspected failing to stop offence, get legal advice before making any statement. What you say can significantly affect both whether you’re charged and what defences remain available.
Impact on Insurance and Employment
Beyond court penalties, failing to stop after an accident has wider consequences.
Insurance implications
Your motor insurance won’t cover third-party claims if you’ve committed a criminal offence like failing to stop. This means:
- Your insurer may refuse to cover damage you caused
- You could be personally liable for compensation claims
- Your insurance will be voided, or premiumswill be significantly increased
- Future insurance will be much more expensive and harder to obtain
Employment consequences
Failing to stop after an accident conviction affects employment in several ways:
- Professional drivers often lose their jobs immediately
- Many employers treat it as a serious integrity issue
- Jobs requiring DBS checks will show the conviction
- Some professions have fitness-to-practice implications
- Driving bans prevent any role requiring driving
Civil claims
The person you hit may pursue civil compensation claims against you. Without valid insurance, you could be personally liable for:
- Vehicle repair or replacement costs
- Medical treatment costs
- Lost earnings
- Pain and suffering compensation
- Long-term care costs if injuries are serious
Concerned about the wider impact? We can advise on all consequences. Call +44 (0) 161 660 6050.
How Scarsdale Solicitors Can Help
We’ve defended numerous drivers facing charges of failing to stop after an accident. Our approach combines thorough case analysis with realistic advice about your options.
Case assessment
We review all evidence against you, identifying weaknesses in the prosecution’s case and potential defences. Many cases that look hopeless at first have defence angles that become apparent on closer examination.
Negotiation with the prosecution
Sometimes charges can be reduced or withdrawn through negotiation with the CPS. If there are evidential weaknesses, procedural issues, or strong mitigation, we explore these avenues before trial.
Court representation
If your case goes to trial, we provide skilled advocacy in magistrates’ courts across England and Wales. For more serious cases sent to the Crown Court, we work with experienced barristers.
Mitigation
Even where conviction is likely, strong mitigation can significantly reduce your sentence. We prepare a detailed written mitigation addressing your circumstances, the context of your actions, and why you deserve the court’s understanding.
Shazia Ali leads our motoring defence team with over 20 years’ experience. We’ve seen every type of failing to stop after an accident case and know what works.
Why Choose Scarsdale Solicitors?
When your driving licence, criminal record, and reputation are at stake, you need solicitors who specialise in motoring defence.
We offer:
- Genuine expertise in failing to stop and related offences
- Nationwide coverage across England and Wales
- Fixed fees so you know costs upfront
- Free initial consultation to assess your case
- Honest advice about your prospects
We won’t promise outcomes we can’t deliver. What we will do is give you the best possible chance of a good result.
Contact Scarsdale Solicitors today:
Phone: +44 (0) 161 660 6050
Address: Reeds House, 3-4 Hunters Lane, Rochdale, OL16 1YL
We represent clients nationwide across England and Wales.
Serving Clients Across 170+ UK Locations
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
Major Cities
Major Cities
Major Cities
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
South East England
South East England
South East England
South East England
South East England
North West England
Yorkshire & Humber
Yorkshire & Humber
North East England
North East England
North East England
Midlands
Midlands
Midlands
Midlands
Midlands
Midlands
East of England
East of England
East of England
South West England
South West England
South West England
Frequently Asked Questions About Failing to Stop After an Accident
Understanding offences and process helps you make informed decisions about your future.
Failing to stop after an accident is an offence under Section 170 of the Road Traffic Act 1988. If you're involved in an accident causing injury or damage, you must stop, exchange details, and if unable to do so at the scene, report to the police within 24 hours. Leaving without doing so is commonly called "hit and run."
The maximum penalties are 6 months' imprisonment, an unlimited fine, 5-10 penalty points, and discretionary disqualification. Actual sentences depend on accident severity, whether anyone was injured, and your personal circumstances.
Prison is possible but not automatic. Courts reserve custody for serious cases, particularly where a significant injury occurred. First-time offenders with minor damage often receive fines or community orders rather than imprisonment.
Hit and run is the common term for failing to stop after an accident. The legal term is "failing to stop" under Section 170 RTA 1988. They describe the same offence.
You must stop if the accident caused personal injury, damage to another vehicle, damage to property, or injury to specified animals (dogs, horses, cattle, etc.). Very minor incidents with no damage may not require stopping, but if in doubt, you should stop.
If, for valid reasons, you can't give details at the scene, you must report to a police station within 24 hours. This isn't permission to drive off and report later. It's an alternative when stopping genuinely wasn't possible.
If you genuinely didn't know an accident occurred, you may have a defence to failing to stop after an accident. You cannot be guilty of failing to stop if you weren't aware there was an accident to stop for.
Police use CCTV, ANPR cameras, witness statements, vehicle damage analysis, and forensic evidence like paint transfer. Many drivers are identified from partial registration numbers or vehicle descriptions.
If you've left an accident scene and haven't been contacted by the police, reporting yourself may help your case. However, get legal advice first about how to handle this. Call us immediately on +44 (0) 161 660 6050.
Yes. Courts can disqualify you for failing to stop after an accident, though it's discretionary. Even without disqualification, 5-10 penalty points apply, which could trigger totting-up if you have existing points.
You must still stop and exchange details even if the other driver caused the accident. Fault for the collision is separate from the duty to stop. Driving away because you believe you weren't at fault doesn't provide a defence.
Yes, significantly. Your insurer may void your policy, refuse claims, and you could be personally liable for compensation to third parties. Future insurance will be much more expensive.
Defences include genuinely not knowing an accident occurred, stopping but being unable to find anyone, emergency circumstances, and procedural issues with the police investigation. We can assess whether any defence applies to your case.
The conviction stays on your criminal record indefinitely, though it becomes "spent" for most purposes after a rehabilitation period (typically 1-4 years, depending on sentence). Penalty points remain on your licence for 4 years.
Serious injury makes failing to stop after an accident much more serious. Courts take a dim view of drivers who leave injured victims. Prison becomes more likely, and additional charges like perverting the course of justice may apply.
Strongly advisable. The charge carries prison risk, significant points, and a criminal record. Professional representation can make a real difference to outcomes, especially where defences exist or strong mitigation is available.
Most cases are heard in the magistrates' court. If you plead guilty, the prosecution outlines facts, your solicitor presents mitigation, and the magistrates sentence. Contested trials involve evidence, cross-examination, and a verdict.
Sometimes the CPS will accept a guilty plea to failing to report rather than failing to stop, or drop charges if the evidence is weak. Your solicitor can explore negotiation options before your court date.
Failing to stop means leaving the scene without exchanging details. Failing to report means not attending a police station within 24 hours when you didn't give details at the scene. Both are offences, often charged together.
Possibly. The conviction appears on DBS checks, professional drivers may lose their jobs, and any role requiring driving is affected by points or disqualification. Employers in certain sectors view integrity offences seriously.
Take Action Now
If you’re facing a failing to stop after an accident, every day matters. Witnesses’ memories fade, CCTV gets overwritten, and prosecution cases solidify.
We can assess your case, identify any defences, and prepare the strongest possible mitigation. Early legal advice gives you the best chance of a good outcome.
Don’t face this alone.
Call Scarsdale Solicitors on +44 (0) 161 660 6050 for your free consultation.
Testimonials
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs