KNOW YOUR RIGHTS


Do not report it over the phone or online. We are very aware that many police forces advise people to report collisions online, however the law does not allow for that. If you can’t exchange details with another person and you do not report it to a police station as soon as possible, you will be prosecuted for ‘failing to report’ which also carries up to 10 penalty points, plus a community order or prison in serious cases.


What happens if I’m accused of hitting something but I wasn't aware?


to charge, that does not stop the other party making a civil claim against you. So you might have com- pletely separate and distinct proceedings with your insurance company, where you are denying fault through the civil courts as well as the criminal ones.


What happens if I don’t exchange or refuse to exchange details?


The law is clear: if there is another person around, even if they are not the owners of the car/property, in all cases you must stop and exchange details with another party who may reasonably require them.


If the other party or witnesses are at the scene and you do not stop, you will likely be prosecuted for failing to stop at the scene of an accident which carries a 5-10 points at Court, or in serious cases a ban with community orders/prison.


If you refuse to exchange details but subsequently report the matter to the police, you can still be prosecuted for ‘failing to stop’.


If the collision is not your fault, you are still legally required to exchange details.


What happens if I cannot exchange details?


In many cases, a collision happens and you cannot exchange details simply because no one is around. Here your duty is to report the matter to a police station or a police constable as soon as possible.


Do not leave it to the morning. Do not leave it to the next day. Go straight to a police station and report it.


Likewise, leaving a note on the windscreen is not enough. Even if the note has all of your correct details on it, you still have to report.


PHTM SEPTEMBER 2024


This is a scenario that we often defend, where somebody has allegedly had a collision with another vehicle or property, but they were not aware. Usually the first that they hear is when they receive a letter through the post asking them to nominate the driver. In these cases, where you receive a letter, you would still have to respond to nominate yourself as the driver, but that is not admitting guilt. That is simply accepting being the driver.


After that, the first question is whether you did actually make contact with the other vehicle. Because if you didn’t, of course there is no need to stop and exchange details or to report the matter.


If however it could be established that you did make contact with the other vehicle, it is a defence in court to argue that you did not know about it, so you were unaware of the need to stop and exchange details. This is under the case Harding v Price. However, the case is likely to go to court which would expect to hear from you in evidence as to whether you were aware or not.


Will I need a lawyer?


Always seek legal advice. If you have been involved in a collision, whether or not you’ve exchanged details, seek legal advice immediately.


It may be that you don’t actually need to instruct a lawyer, for example if it’s a very minor collision, if the police aren’t taking it any further, or if all details have been exchanged, But it’s always worth checking.


However, a lot of these cases, certainly allegations of failing to stop and failing to report, will automatically proceed to court if you are unrepresented. So it is always worth seeking legal advice at the earliest opportunity so we can guide you through this process.


So please email advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice.


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