Caught in Unfallflucht? What Happens to You

Fahrerflucht und Unfallflucht - Strafe für unerlaubtes Entfernen vom  Unfallort

Introduction

Unfallflucht, or hit-and-run, is a criminal offense in many countries, particularly in Germany, where traffic laws are strict and heavily enforced. If you are caught in a situation where you have left the scene of an accident—whether intentionally or unknowingly—you could face serious legal and personal consequences. This article explains what happens when you are caught in an Unfallflucht case and how the legal system handles such situations.

What Constitutes Unfallflucht?

Unfallflucht occurs when someone is involved in a traffic accident and leaves the scene without providing their personal details or waiting for the authorities. This includes both collisions with other vehicles and property damage, such as hitting a parked car or damaging a fence. Even if no one is injured, failing to report the incident or waiting for a reasonable time can lead to a charge of hit-and-run.

German law (Section 142 of the Criminal Code) clearly defines the responsibilities of any driver involved in an accident. If you’re caught fleeing the scene, you are considered to have committed a criminal act—even if the damage was minor or the accident was not your fault.

Immediate Legal Consequences

Once you are identified and caught for Unfallflucht, several legal consequences may follow:

  • Police Investigation: The police will begin an investigation, which may include gathering eyewitness reports, reviewing CCTV footage, and inspecting vehicle damage. If your license plate was recorded or someone identified you, this evidence will be used against you.
  • Fines: If the damage is minor and it’s a first-time offense, you may be issued a heavy fine. These fines vary depending on the severity of the incident but often range from several hundred to several thousand euros.
  • Criminal Charges: If injuries occurred or the damage is significant, the case could escalate to a criminal court. A conviction may result in a prison sentence of up to three years under German law.
  • Points in Driving Record: Offenders typically receive penalty points in the Flensburg Register. Accumulating too many points can lead to further consequences, including mandatory retraining courses or suspension of your driving privileges.

License Suspension and MPU Requirement

One of the most severe administrative consequences of Unfallflucht is the suspension of your driver’s license. In many cases, the license is revoked for a minimum of six months. You may also be required to undergo a medical-psychological assessment (MPU), which evaluates your mental and emotional fitness to drive.

Passing the MPU can be difficult and time-consuming. Failing it means you cannot legally drive until you retake and pass the assessment.

Insurance Consequences

Being caught for hit-and-run can also impact your insurance. Most insurance companies will not cover damages resulting from Unfallflucht. Worse, they may cancel your policy or significantly increase your premiums. You could be forced to pay for all repairs and medical costs out of your own pocket.

Conclusion

Getting caught in an Unfallflucht situation is a serious matter that can affect your legal record, driving privileges, and financial stability. The best course of action is always to stay at the scene of an accident, report it to the authorities, and cooperate fully. Fleeing may seem like a quick escape in the moment, but the long-term consequences are far more damaging.

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