Failing To Stop And Give Particulars After An Accident

In New South Wales, it is an offence to fail to stop at the scene of an accident that you are involved in and not give personal details to the other driver involved in the crash, to any person injured or the owner of the damaged property as a result of the accident. The maximum penalty for this offence is a fine of $2,200.

What is Failing to Stop and Give Particulars after an Accident?

The offence of Failing to Stop and Give Particulars after an Accident is set out in Regulation 287 of the Road Rules 2014 (NSW) which states:

1. The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash to 

1. 1. Any other driver (or that driver’s representative) involved in the crash, and
   2. Any other person involved in the crash who is injured, or the person’s representative, and
   3. The owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle.

1. The driver must also give the driver’s required particulars, within the required time, to a police officer if –
   1. Anyone is killed or injured in the crash, or
   2. The driver does not, for any reason, given the driver’s required particulars to each person mentioned in subrule (2), or
   3. The required particulars for any other driver involved in the crash are not given to the driver, or
   4. A vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or
   5. The police officer asks for any of the required particulars.

What are ‘Required Particulars’?

• The driver’s name and address; and
• The name and address of the owner of the vehicle; and
• The vehicles registration (if any); and
• Any other information necessary to identify the vehicle.

Additionally, if required by the police officer, the driver must also include an explanation of the circumstances of the accident.

Speaking to the Police

Police can request that you provide details to them, including an explanation of the circumstances of the accident where:

• A person is killed or injured;
• A person has failed to provide their details and left the scene of an accident;
• It appears the driver is under the influence of alcohol or drugs; or
• There is damage to property or animals.

The police will often use this power to obtain information from someone involved in a collision to assist with the investigation of more serious charges, like negligent or dangerous driving. For this reason, it is incredibly important to obtain legal advice. 

The following acts might constitute Failing to Stop and Give Particulars after an Accident:

• You caused a two-car accident and refused to provide your details to the other driver.
• You caused a motorbike accident and damaged the other motorbike and did not stop to give your details.

What must be proven?

For a person to be found guilty of Failing to Stop and Give Particulars after an Accident, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That there was an accident; and
• That you were driving the vehicle involved in the accident; and
• You failed to stop your vehicle, or
• You stopped your vehicle, but you did not provide your particulars to another driver, an injured party or an owner of damaged property. 

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

What is a Motor Vehicle?

A motor vehicle is defined in the Road Transport Act 2013 (NSW) as a vehicle that meets:

• Any description of a vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
• Any description of a tracked vehicle (such as a bulldozer), or any description of a vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
• Any other description of vehicle prescribed by the statutory rules.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Failing to Stop and Give Particulars after an Accident

The following defences may be available for a Failing to Stop and Give Particulars after an Accident charge:

• The vehicle is registered in your name, but you were not driving at the time of the accident;
• You were in an emergency situation and were unable to stop e.g. you had someone in your car who was having an asthma attack and you were taking them to the hospital.
• You did not communicate and provide your details with the other driver due to circumstances where the other person was aggressive and/or appeared intoxicated.

Common Questions about Failing to Stop and Give Particulars after an Accident

• What if I did not stop after causing an accident but I have not been contacted by Police yet?

Please contact Armstrong Legal immediately to obtain legal advice to assist you with this.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.