- 1 A matter of definition
A matter of definition
If there is an accident on the road, there is an obligation to come to the aid of the injured immediately. But even if there is only property damage, those involved must not simply leave the scene.
Otherwise the facts apply “Leaving the scene of an accident without permission” as fulfilled, which is also known as hit-and-run.
But it is also a hit-and-run if no damage occurred is? This guide has been written to provide a straightforward answer to this question.
Here you can find out whether it is possible to escape from an accident without damage, what the legislature on this question and what behavior is recommended after an accident with and without obvious damage.
FAQ: Hit and run without damage
no An escape from an accident presupposes that there is an injured person or damage to an object.
Not necessarily. Even if you don’t see any damage, that doesn’t necessarily mean there isn’t one. You should still wait a reasonable amount of time and contact the police.
Even if you don’t think the accident caused any harm, you may still be faced with unjustified reporting. If so, contact a traffic lawyer.
Don’t feel like reading? Hit and run explained in the video
The most important guides for prosecuting and punishing hit-and-run drivers
That says the law on the definition of hit-and-run
If it is to be clarified how to deal with a hit-and-run if no damage has occurred, the first thing to do is to clarify the actual term to be understandable. It is worth taking a look at Section 142 of the Criminal Code (StGB). In paragraph 1 of the paragraph it is written:
A person involved in an accident who […] removed from the scene of the accident before he
- made it possible for the other parties involved in the accident and the injured parties to identify his person, his vehicle and the nature of his involvement by his presence and by stating that he was involved in the accident or
- has waited a reasonable time under the circumstances without anyone being willing to make the determinations
shall be punished with imprisonment of up to three years or a fine.
The legislator explains here exactly when there is a hit-and-run and which one sentence applies. In any case, there must have been an accident. And this assumes in its definition that at least one vehicle or one person suffered damage Has. In order for the facts to be fulfilled, a person involved in an accident must at least conditionally act intentionally. This means: He has to reckon with the fact that a traffic accident in which he was involved has led to non-trivial damage and then leave the scene.
But even if a hit and run without damage is not really possible, you as a participant should never leave the scene of the incident immediately. In any case, you must a reasonable time wait for the other vehicle owner or the police. The next section explains why this is so.
Caution is advised: damage can be inconspicuous
No damage visible after an accident? You can still be accused of a hit-and-run accident. Not every case of damage is always directly recognizable from the outside. Hence our recommendation: stay at least during the day 30 minutes at the scene of the incident if no opposing party is present and the accident occurred during the day.
In the darkness of the night, 15 to 20 minutes is also considered reasonable. If no one appears at the scene of the accident by then, contact the police and have all the important answers ready for the officials.
It is therefore important to note: Even after a Accident with no apparent damage there may be a hit-and-run if you only attach a note and do not inform the police.