By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
Key points
- After any accident in which someone is hurt or property is damaged, a Victorian driver must stop, help, and give their details.
- The details: your name and address, the vehicle owner's name and address, and the vehicle's identifying number, to anyone injured or the property owner, and to any police officer at the scene.
- Report to police in person if someone was injured and no police came, or if property was damaged and neither the owner nor police were there.
- A minor crash with no injuries, where details were exchanged with the owner, does not have to be reported to police.
- Failing to stop or help when someone is killed or seriously injured carries up to 10 years' imprisonment, and licence cancellation.
- Leaving a parked car you hit without giving details or reporting it: up to $1,045.50 or 14 days for a first offence.
- For advice if you are charged after an accident, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Victoria for a fixed $295.
In Victoria, under section 61 of the Road Safety Act 1986, a driver involved in an accident in which anyone is injured or any property (including an animal) is damaged must stop, give whatever help they can, and give their name and address, the vehicle owner's name and address and the vehicle's identifying number to anyone injured or the property's owner, and to any police officer present. They must report the accident in person at the nearest open police station if someone was injured and no police attended, or if property was damaged and neither its owner nor police were present.
Checked on 23 October 2026 against the Road Safety Act 1986 (Vic) and Victoria Police's pages on traffic accident reports and its Police Assistance Line.
What you must do at the scene
Section 61 of the Road Safety Act 1986 applies when, because of a motor vehicle's presence, an accident happens in which anyone is injured or any property (including an animal) is damaged or destroyed. It applies to the driver of any motor vehicle whose presence led to the accident, whether or not that driver was at fault. The driver must:
- Stop the vehicle straight away.
- Help: give whatever assistance they can, straight away. If anyone is hurt, call 000.
- Give their details at the scene, as soon as possible, to anyone injured or the owner of damaged property (or a person representing them): their name and address, the name and address of the vehicle's owner, and the vehicle's identifying number. For an automated vehicle, they must also say whether it was in automated mode.
- Give the same details to any police officer at the scene.
- Report to police in person in the two cases in the next section.
When you must report an accident to police
| What happened | Must you report it to police? |
|---|---|
| Someone was injured and no police officer came to the scene | Yes. Report full details in person, as soon as possible, at the most accessible police station that is open (or the next most accessible one if it is closed). |
| Property was damaged (for example a parked car, a fence or an animal) and neither the owner, anyone representing them nor a police officer was at the scene | Yes, in the same way. |
| No-one was injured and you gave your details to the owner of the damaged property | The Act does not require a police report. Victoria Police says that if no-one was injured and everyone involved exchanged names and addresses, it will not normally make a formal report. |
| Police came to the scene | Give your details to the officer at the scene. |
Victoria Police's own page says to visit or contact your local police station to report an accident. Its Police Assistance Line, 131 444, is for non-urgent matters only: in an emergency, including when someone has been injured, call 000.
Hit and run and leaving the scene: penalties
| Offence under section 61 | Maximum penalty |
|---|---|
| Someone was killed or seriously injured, and the driver (knowing, or when they ought reasonably to have known, that this had happened) did not stop or did not give assistance | 10 years' imprisonment or a $250,920 fine (1,200 penalty units). This is an indictable offence. |
| Someone was killed or seriously injured and the driver did not give their details or report the accident; or someone was otherwise injured and the driver broke any of the rules | First offence: $16,728 (80 penalty units) or 8 months' imprisonment. Later offence: $50,184 (240 penalty units) or imprisonment of 4 months to 2 years. |
| No-one was injured (for example, hitting a parked car and leaving without giving details or reporting it) | First offence: $1,045.50 (5 penalty units) or 14 days' imprisonment. Later offence: $2,091 (10 penalty units) or imprisonment of 14 days to 1 month. |
Licence loss: if someone was killed or seriously injured, a court that convicts a driver or finds them guilty of any offence under section 61 must cancel their licence or learner permit and disqualify them from getting one for at least 4 years for a first offence if a conviction is recorded (at least 2 years otherwise), and at least 8 years for a later offence if a conviction is recorded (at least 4 years otherwise). Penalty amounts use the Victorian penalty unit of $209.10 for 2026-27.
Other things to know
- Bicycles and other vehicles: section 61A sets similar duties to stop, help and give details for the riders and drivers of vehicles that are not motor vehicles, such as bicycles. Wheelchairs are excluded (motorised ones only if they cannot go faster than 10 km/h).
- A parked vehicle that rolls: if a vehicle left standing moves by itself and causes injury or damage, the person who left it must follow the same rules, as far as they can, as soon as possible after finding out.
- Getting a copy of the police report: anyone injured or whose property was damaged can apply to Victoria Police for a traffic accident report online, with a statutory declaration and identification. The fee is $89.80, which covers the report and the first 10 pages of statements and photographs ($1 for each extra page; no extra charge for emailed reports), and processing takes at least 10 working days.
- Injuries: if anyone was hurt, see car accident compensation in Victoria for how TAC claims work.
Free help in Victoria
| Service | Number | Hours |
|---|---|---|
| Police, ambulance or fire in an emergency | 000 | Any time |
| Victoria Police Assistance Line (non-urgent only) | 131 444 | Not for emergencies |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you if you have been charged with failing to stop, failing to give your details or failing to report an accident, and on the licence consequences. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Road Safety Act 1986 (Vic), authorised version 237 incorporating amendments as at 30 September 2026, sections 61 and 61A, and Victoria Police's pages "Traffic accident reports" (updated 19 October 2026) and "Police Assistance Line and online reporting" (updated 22 September 2026), on 23 October 2026. Penalty amounts use the Victorian penalty unit of $209.10 for 2026-27.