Hit and Run under German Criminal Law (§ 142 StGB)
Overview
A hit and run offence occurs when a person involved in a road traffic accident leaves the scene without allowing for the identification of their person, vehicle or involvement, or before a reasonable waiting period has passed while no authorised person was available.
Even if someone leaves the scene for a justified or excusable reason, they must immediately ensure subsequent identification. Offenders face fines or imprisonment of up to three years, driving bans or licence revocation, and penalty points in the German driving aptitude register.
For detailed information, see our Criminal Law section and Contact us for an assessment of your case.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
What is considered an “accident” – and who is involved?
- Accident: A sudden event in road traffic resulting in more than insignificant damage to persons or property. Minor damage below around €50 is generally not considered relevant.
- Persons involved: Anyone whose behaviour contributed to the cause of the accident — typically the driver, but in certain cases also passengers or vehicle owners (e.g. distraction, allowing unfit drivers to use the vehicle).
- Knowledge: Criminal liability only arises if the person was aware of the accident or at least considered it seriously possible (for example, a noticeable impact or visible damage).
Duties at the Scene of the Accident
1) Waiting (for identification)
You must remain at the accident scene for as long as necessary to allow reasonable identification of your person, vehicle, and involvement.
There is no fixed time rule – the required waiting time depends on the extent of damage, time of day, traffic situation, and whether the police or entitled persons are expected to arrive.
2) Presenting yourself (active disclosure)
You are required to actively disclose your involvement and ensure that you can be identified as a person and as the vehicle’s driver.
Leaving only a note with a name or phone number is not sufficient.
If all entitled parties (other drivers or property owners) expressly waive identification, the obligation ends.
Subsequent Identification (§ 142 para. 2–3 StGB)
Anyone who has left the scene — even lawfully or excusably — must report the incident without undue delay, i.e. without culpable hesitation.
You must:
- Notify the entitled person(s) or the nearest police station,
- Provide your address, vehicle registration number and current vehicle location,
- Make the vehicle available for timely inspection.
Destroying evidence or intentionally preventing investigation does not fulfil this obligation.
“Active Remorse” – The 24-Hour Rule
In cases of minor parking damages (not during moving traffic), courts may reduce or waive punishment if the person voluntarily reports within 24 hours and enables identification afterwards.
This is not automatic and only applies under strict conditions.
Penalties, Consequences and Driving Licence Issues
- Sanctions: Fine or imprisonment of up to three years.
- Driving licence: Usually revoked where there is injury or significant damage. A driving ban may also be imposed.
- Penalty points: 2–3 points in the German driving aptitude register, depending on the case.
For more information on criminal sanctions, visit our German Criminal Procedure overview.
For a personal assessment, contact us here.
Common Mistakes and Defence Strategies
- Unclear waiting time: There is no fixed “few minutes” rule. Always document the situation (photos, time, attempts to contact the other party).
- Leaving a note: Does not replace the duty to stay and identify yourself.
- Intent and knowledge: Defence can focus on whether the driver actually realised the collision had occurred.
- Removing traces or drinking afterwards: Avoid at all costs – this may be seen as obstruction of justice.
- Passengers or vehicle owners: Can also be held liable depending on involvement.
- Active remorse: Report minor parking accidents within 24 hours and keep proof of time and place.
Early legal advice can be crucial – speak with us today.
Immediate Steps After an Accident (Checklist)
- Stop safely, secure the scene, provide first aid if necessary.
- Wait and identify yourself; have your ID and vehicle documents ready.
- Collect evidence (photos, witnesses, time of day).
- Call the police in cases of injury or significant damage.
- Report to the police afterwards if you had to leave the scene.
- Obtain legal advice from Buchert Jacob Peter.
FAQ: Hit and Run – Frequently Asked Questions
When does “hit and run” begin?
As soon as you leave the scene without allowing for identification or before waiting a reasonable time while no one was available to take your details.
How long must I wait?
It depends on the accident’s severity, time, traffic, and visibility. When in doubt, wait longer and call the police.
Is leaving a note enough?
Usually not. A note can help, but it does not fulfil the legal duty to identify yourself.
I left and came back later – is it still a crime?
It might be. It depends on distance, time, awareness and reasons. Report immediately and seek legal advice.
Can I avoid punishment through “active remorse”?
For minor parking damages, courts may reduce or waive penalties if you report voluntarily within 24 hours.
Will I lose my driving licence?
In cases involving injury or major damage, licence revocation is common. A driving ban or points can also follow.
What if I didn’t notice the accident?
Liability depends on knowledge or intent. Whether you should have noticed an impact or damage is often a key defence issue.
What should I do now?
Do not make statements without legal advice. Contact our law firm immediately to protect your rights.
Contact our Lawyers – Your Criminal Defence Experts in Frankfurt and Nationwide
- Dr Caroline Jacob, Criminal Law Specialist
- Frank M. Peter, Criminal Law Specialist
- Of Counsel: Prof. Dr Frank Peter Schuster
- Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been active in criminal defence for over 25 years in Frankfurt am Main and represents clients throughout Germany.
📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
Further reading:
Tax Evasion Defence |
Criminal Defence in Germany |
White Collar Crime Defence |
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