It is an obligation on all drivers in NSW to stop at the scene of an accident and give personal details and/or particulars to the other driver, any person injured, or the owner of damaged property as a result of a collision regardless of who is at fault.


The maximum penalty for this offence is 20 penalty units.


When to contact police following collisionWho must I give my particulars to?

(a) any other driver (or that driver’s representative) involved in the crash, and

(b) any other person involved in the crash who is injured, or the person’s representative, and

(c) 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 (or the driver’s representative).

d) The Police upon request or in situations where you have been unable to exchange with another party.


What if I can’t exchange?

In some circumstances, you may not be able to exchange details such as the owner of property or the driver has gone to hospital. That is fine, as long as you have a reasonable excuse for not exchanging those details AND you contact police to provide those details ASAP then you have fulfilled your obligations.


What information do I need to provide?

“required particulars” , for a driver involved in a crash, means–

(a) the driver’s name and address, and

(b) the name and address of the owner of the driver’s vehicle, and

(c) the vehicle‘s registration number (if any), and

(d) any other information necessary to identify the vehicle,


“required time” , for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.


Possible Defences for failing to stop and give particulars?

  • failing to stop and give particularsWas not reasonable to stop at the time.
  • You were not driving (but the vehicle is registered in your name)
  • Duress


Other possible offences:

Negligent driving

Road Transport Act 2013, Section 117.

Negligent Driving no injury – 10 penalty units

Negligent Driving cause GBH – 20 penalty units and/or imprisonment for 9 months.

Negligent Driving cause death – 30 penalty units and/or imprisonment for 18 months.


Failing to stop and assist after vehicle impacted causing GBH or death

Crimes Act 1900, Section 52AB. Maximum penalty – 10 years imprisonment.


Reckless, furious or Driving in a manner dangerous to the Public

Crimes Act 1900, Section 52A. Maximum Penalty – $2,200 and/or nine months imprisonment (1st offence)

Need legal advice? Catron Simmons can help.