Penalty for Leaving the Scene of an Accident in Den Haag
In Den Haag, leaving the scene of an accident—better known as 'hit and run'—is a serious traffic offense. Drivers who leave the incident site without providing assistance or notifying the police face hefty fines, driving bans, and even prison time. This depends on the damage and circumstances and is handled by the Rechtbank Den Haag.
What Does Leaving the Scene of an Accident Entail?
Leaving the scene means a driver flees without showing identification, offering help, or alerting emergency services. This not only hinders investigations and aid but is also punishable under Dutch law. In Den Haag, this often occurs with parking lot damages in the city center or collisions on busy roads like the A12. The term penalty for leaving the scene of an accident refers to the legal sanctions, which are strictly enforced locally.
Legal Basis
The penalty for leaving the scene of an accident is enshrined in the Road Traffic Act 1994 (WVW). Article 7 WVW requires drivers to stop, assist injured parties, exchange details, and secure the scene until police arrive or the matter is resolved.
- Article 7(1) WVW: Stop and provide assistance.
- Article 7(3) WVW: Punishable as an offense for non-compliance.
In cases of injury or risk to health, the Criminal Code (Sr), Article 141 Sr applies. Penalties can include up to three months' imprisonment or a fine of up to €9,900 (Article 33 Sr). For fatal outcomes or serious injury, up to two years' imprisonment. The Public Prosecutor may impose a driving ban under Article 164 WVW, which is common in Den Haag for repeat offenders.
Practical Examples from Den Haag
Suppose you cause a dent in a car on Laan van Wateringsveld in Den Haag and drive off without leaving a note. The owner reports it to the police, and CCTV footage traces you. Result: €400 fine and a notation in the driving license register—a typical case of a minor penalty for leaving the scene of an accident.
More serious: On the A4 near Den Haag, a motorcyclist is seriously injured in your collision. You drive off without helping. The rider dies. The Rechtbank Den Haag may impose two years' prison plus a lifetime driving ban, along with civil claims for injury.
Comparison of Penalties
| Situation | Legal Basis | Possible Penalty |
|---|---|---|
| Minor damage, no injury | Art. 7 WVW (offense) | Fine up to €9,900, driving ban up to 6 months |
| Injury or risk to health | Art. 141 Sr (crime) | Imprisonment up to 3 months, fine, driving ban up to 5 years |
| Fatal outcome | Art. 141 Sr + Art. 7 WVW | Prison up to 2 years, lifetime driving ban |
Rights and Obligations in Den Haag
As a driver, you must stop, call 112 if there are injuries, exchange details, and alert police for damage over €750 or injury. If suspected of leaving the scene: right to a lawyer (Article 40 Constitution), right to remain silent, and fair trial. Victims can claim under Article 6:162 Civil Code. Contact the Legal Aid Office Den Haag for free advice or the Municipality of Den Haag for traffic matters. For injury info: see personal injury after traffic accident.
Even if you leave the scene, you remain civilly liable for all damages, including pain and suffering.
Frequently Asked Questions
What if I leave the scene out of panic?
Panic does not exempt you from Article 7 WVW. The Rechtbank Den Haag considers circumstances, but stopping and calling is safer. Consult the Legal Aid Office Den Haag.
How high is the fine for leaving the scene of a minor accident?
Often €350–€500 plus costs; for repeats up to €9,900. Enforced locally by Den Haag police.
Can I lose my license for leaving the scene?
Yes, from months to lifetime, decided by the court or CBR. Strictly applied in Den Haag.
What if the accident wasn't my fault?
Fault affects the penalty severity, but the duty to stop remains. Explain to police or via Legal Aid Office Den Haag.