Failing to stop or report after an accident
A driver involved in an accident that injures someone else or damages another vehicle, certain animals or roadside property must stop and give details, and if details are not given must report it to the police within 24 hours (Road Traffic Act 1988 s.170). Failing to stop and failing to report are separate summary offences, each carrying up to 6 months' imprisonment, an unlimited fine, 5-10 penalty points and a discretionary ban.
When the duty arises
Section 170 applies where, owing to a mechanically propelled vehicle's presence on a road or other public place, an accident causes injury to anyone other than the driver, or damage to another vehicle or trailer, to an animal not in the vehicle (horse, cattle, ass, mule, sheep, pig, goat or dog), or to property on or beside the road.
The duties
- Stop at the scene and, if asked by anyone with reasonable grounds, give your and the owner's names and addresses and the vehicle's registration (s.170(2)).
- If those details are not given for any reason, report the accident at a police station or to a constable as soon as reasonably practicable and in any case within 24 hours (s.170(3), (6)). Telling an insurer is not a report.
- Where someone is injured and insurance was not produced at the scene, the driver must report the accident and produce it; producing it within 7 days at the police station named when reporting avoids conviction for non-production (s.170(5), (7)).
The offences and penalties
Failing to stop and failing to report are separate offences (s.170(4)), both summary only, with a maximum of 6 months' imprisonment and/or an unlimited fine, 5-10 penalty points and a discretionary disqualification (Road Traffic Offenders Act 1988 Sch.2). For adults convicted from 22 March 2026, prison terms of 12 months or less are presumed suspended, subject to exceptions (Sentencing Act 2026 s.1). Failing to report and produce insurance in an injury case (s.170(7)) carries a fine of up to £1,000 without points.
Knowledge of the accident
A driver who genuinely did not know an accident had happened is not guilty: Harding v Price [1948] 1 KB 695. It is for the driver to prove, on the balance of probabilities, that they did not know.
Sentencing
The guideline runs from a Band A fine to 26 weeks' custody. Higher culpability includes where a breath, blood or urine sample would have been requested had the driver stopped, avoiding arrest for another offence, knowing or suspecting injury, or giving false details; greater harm means injury or significant damage. Starting points: category 1, high level community order and a 6-12 month ban or 9-10 points; category 2, Band C fine and up to a 6 month ban or 7-8 points; category 3, Band B fine and 5-6 points. It is often charged with careless, drink or drug driving (see Dangerous driving, careless driving and causing death or serious injury by driving, Drink driving, failing to provide and drug driving and Drug driving: specified limits, unfitness and the medical defence).
Possible changes
From January to May 2026 the Department for Transport consulted on higher maximum penalties and a new offence where a driver could reasonably be assumed to know a collision caused death or serious injury. No outcome had been published by November 2026 and the law is unchanged.
In practice
What was said at the scene and how quickly the police were told often matter. Early advice helps, particularly where knowledge of the accident is disputed.
Authorities: Road Traffic Act 1988 s.170; Road Traffic Offenders Act 1988 ss.34, 35 and Sch.2 Pt I; Harding v Price [1948] 1 KB 695 (as summarised in Law Commission and Scottish Law Commission, Automated Vehicles: joint report, 2022); Sentencing Act 2026 s.1 (presumption of suspended sentence, in force 22 March 2026); Sentencing Council, Fail to stop/report road accident (Revised 2017) guideline; Department for Transport, Proposed changes to penalties for motoring offences (consultation 7 January to 11 May 2026)