Accusation of hit-and-run: what to do if you are accused of leaving the scene

The accusation of hit-and-run (unlawfully leaving the scene of an accident) is serious: a fine, in severe cases imprisonment, plus points and a driving ban or license withdrawal loom. Precisely because so much is at stake, you should not make hasty statements but defend yourself.

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Unlawfully leaving the scene of an accident is a criminal offense (§ 142 StGB). A fine or imprisonment, points, and depending on the damage a driving ban or withdrawal of the driving license loom.

There are defense approaches: if you did not notice the accident, intent is lacking. With minor damage and a subsequent report, active remorse can have a mitigating or exempting effect.

What you should do now

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1. No hasty statements
Initially make no statements about the matter to the police and authorities. You have the right to remain silent.
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2. Bring in a lawyer
Get legal help early and have the file reviewed before you say anything.
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3. Check intent
Clarify whether you noticed the accident at all. Without noticing it, the intent required for the offense is lacking.
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4. Consider active remorse
With minor damage, a prompt subsequent report can have a mitigating or exempting effect, and this should be steered by a lawyer.

How to spot the scam

Out of nervousness you immediately give extensive statements to the police.
You underestimate the accusation because of 'only minor damage'.
You do not report a noticed damage at all.

Frequently asked questions

What penalty looms for hit-and-run?

Unlawfully leaving the scene of an accident is a criminal offense (§ 142 StGB). Possible are a fine or imprisonment, points, and, depending on the amount of damage, a driving ban or withdrawal of the driving license.

What if I did not notice the accident?

Then the required intent is generally lacking, and criminal liability under § 142 StGB is ruled out. Whether not noticing it is plausible depends on the individual case, which you should have clarified with a lawyer.

Does it help to report afterward?

With damage that is not significant, a prompt subsequent notification can have a mitigating or exempting effect as active remorse. A lawyer should steer how and when this makes sense.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.