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Reporting a traffic accident

Polizei · Duties at the scene of the accident

At the sceneEmergency number 110 / 112

First, the correction missing from almost every advice page: there is no general legal duty to call the police after an accident – not even where someone is injured. The Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO) require something different in § 34 StVO: stopping, securing the traffic, helping anyone injured and enabling the facts to be established. The police appear there only as an alternative – anyone who drives on after an appropriate waiting period must report this “at least to the persons entitled … or to a nearby police station”.

This expressly does not mean you should not call the police. Where someone is injured, the call is mandatory regardless – only it does not follow from the StVO, but from the Criminal Code (Strafgesetzbuch, StGB): § 323c StGB, failure to render assistance – and the number to call is then 112. And in many other situations the police are practically indispensable: in a dispute about how the accident happened, where fault is unclear, in a hit-and-run, where alcohol or drugs are suspected, and with damage involving wildlife or a third party.

What is genuinely a criminal offence is something else, namely leaving the scene. § 142 StGB – unauthorised departure from the scene of an accident – provides for imprisonment of up to three years or a criminal fine. The law does not say how long you must wait: it speaks of “a period appropriate to the circumstances”, and nothing more than that.

Hardly anyone knows, on the other hand, § 142 Abs. 4 StGB: anyone who within 24 hours voluntarily enables the facts to be established afterwards has the sentence reduced by the court, or the court may waive it altogether – but only for an accident outside moving traffic causing exclusively insignificant property damage. In other words, exactly the car park case.

Last updated27 August 2026
VerificationChecked against gesetze-im-internet.de (consolidated version)
Written and reviewed byAndrés Sánchez Botta
Independent information page: we are not the police, not an authority and not paid advice — we do not submit applications for you. All information comes from official sources and is explained here in simple terms; the competent body is always authoritative. Not legal advice. If someone is injured, call 112 immediately. All information without guarantee. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source — this is information, not legal or tax advice.
Call the policeNo obligationBut often sensible
WaitingReasonable timeLaw states no minutes
§ 142 Abs. 4 StGB24 hoursCar-park cases only
Accident reportFree of chargeHit-and-run: up to 3 years
Required documents

What you need

Driving licence and identity card

To identify everyone involved. Anyone who refuses to allow their personal details to be established or gives false information takes on exactly the risk that § 142 StGB is there to address.

Registration certificate Part I (Zulassungsbescheinigung Teil I)

The registration certificate Part I (Zulassungsbescheinigung Teil I, formerly Fahrzeugschein) with the vehicle data. Also note the other vehicle's licence plate immediately, regardless of what you are told – it is the one piece of information that cannot later be disputed.

Insurance details of both sides

Name of the liability insurer and the policy or claims number. You will find both in your documents; many insurers also have it in their app. Without this information, settlement is delayed considerably.

Photos before anything is moved

First the overall situation from several angles, showing the vehicles' positions, braking marks, signs and traffic lights, then the detailed damage. If the vehicles endanger traffic, safety comes first: in that case recreate the scene from memory for the photos and make a note that you did so.

European Accident Statement

The bilingual form that insurers provide. It is not a mandatory document, but it structures the information and prevents something essential being left out in the excitement. Important: it is a record of the facts, not an admission of fault – do not sign anything that fixes the question of fault.

Witnesses with contact details

Record names and telephone numbers while still at the scene. Uninvolved witnesses are often decisive where the events are disputed – and anyone who drives on without letting someone take down their details cannot be found later.

Step by step

How to proceed

  1. 1

    Stopping and securing the scene

    Switch on the hazard lights, put on a high-visibility vest before you get out, and position the warning triangle at a sufficient distance – within built-up areas around 50 metres, on rural roads around 100, and on the motorway around 200. Get yourself and all passengers behind the crash barrier.

  2. 2

    Helping anyone injured — that is the real duty

    Where someone is injured, call 112 immediately and give first aid. This duty follows from § 323c StGB, failure to render assistance, which carries imprisonment of up to one year or a criminal fine. Help must be given to the extent it is “necessary and can reasonably be expected in the circumstances” – no one has to put themselves at significant risk in doing so.

  3. 3

    Enabling the facts to be established — what § 34 StVO requires

    Stay long enough that your identity, your vehicle and your involvement can be established, and provide your name, address, driving licence, registration certificate Part I and insurance details on request. That is the core of the provision – not the call to the police.

  4. 4

    Deciding whether the police should attend

    You are not obliged to, but it is sensible in many situations: where there are injuries, a dispute about what happened, unclear fault, suspicion of alcohol or drugs, the involvement of hire, company or foreign vehicles, damage involving wildlife, and always when the other side is uncooperative. In that case call 110.

  5. 5

    Exchanging and documenting information

    Name, address, licence plate, insurer and policy number of both sides. Photograph the other side's driving licence and registration certificate Part I instead of copying it out by hand – it is quicker and error-free. Fill in the European Accident Statement if you have one with you.

  6. 6

    Do not sign an admission of fault

    Statements about fault at the scene are almost always premature and can affect your insurance cover. Record the sequence of events, not the fault. An “I'm sorry” is only human; a signed statement that you caused the accident is something else.

  7. 7

    For a parked vehicle: more than just a note

    A note on the windscreen does not suffice and does not protect against § 142 StGB. Wait a reasonable time, and if no one comes, report it without delay to the nearest police station. Within 24 hours, the rule in subsection 4 may still apply.

  8. 8

    Notify your insurer within the deadlines of your contract

    Report the accident to your liability insurer. Which deadline applies is set out in your insurance terms – it is common to require notification “without delay” or within a week. There is no statutory deadline for this; the contract governs.

Fee information

Costs and payment

Duties, deadlines and what a mistake costsWhat the law really requires
Police accident reportFree of charge
Call the policeNo legal duty
Enabling the facts to be establishedDuty, § 34 StVO
Help for the injuredDuty, § 323c StGB
Unauthorised departure from the sceneUp to 3 years' imprisonment
Active repentance (tätige Reue)24 hours, § 142 Abs. 4 StGB

The police accident report is free of charge. Only the mistake is costly – and that mistake does not consist in failing to call the police. The law does not recognise a general duty to notify the police, not even where someone is injured; § 34 StVO names it only as an alternative for the case that you drive on after waiting an appropriate time. Mandatory are stopping, securing the scene, helping anyone injured under § 323c StGB – up to one year's imprisonment or a criminal fine – and enabling the facts to be established. Anyone who leaves the scene commits an offence under § 142 StGB: imprisonment of up to three years or a criminal fine, together with points and the risk of having their driving licence revoked. How long you must wait is not fixed by law – it requires “a period appropriate to the circumstances”, which depends on the time of day, the location and the amount of damage; no figure in minutes appears anywhere, and anyone who reads one is reading an estimate. Finally, subsection 4 is little known: for an accident outside moving traffic – the classic car park case – with exclusively insignificant property damage, the court reduces the sentence or may waive it where the person involved within 24 hours voluntarily enables the facts to be established afterwards. So anyone who causes a parking scrape and drives away still has one more day to put it right.

Good to know

Important notes

Calling the police is not a legal duty – not even where someone is injured. What is required is stopping, securing the scene, helping, and enabling the facts to be established.

Where someone is injured, call 112, not 110. The duty follows from § 323c StGB and is aimed at help, not at making a report.

A note on the windscreen does not suffice. It does not protect against § 142 StGB. Wait a reasonable time, then report it to the nearest police station.

§ 142 Abs. 4 StGB gives you 24 hours – but only outside moving traffic and only for insignificant property damage. Exactly the car park case.

The law states no waiting time in minutes. “Appropriate” depends on the time of day, the location and the amount of damage. Any fixed figure you read is an estimate.

Hit-and-run costs more than the damage itself. Up to three years' imprisonment, points and withdrawal of the driving licence – usually several times what the settlement would have cost.

Traffic accidents do not belong in the Online-Wache (online police station). The joint portal of the police forces of the federal states (Bundesländer) expressly names them as a case for the nearest police station.

The deadline for notifying your insurer is set out in the contract. There is no statutory deadline; it is common to require “without delay” or a week.

Avoid these mistakes

Common mistakes

Leaving a note after a parking scrape and driving off. The most common case of hit-and-run of all – and one that can still be corrected within 24 hours under § 142 Abs. 4 StGB.

Believing you may drive on because you called the police. Even then you must enable the facts to be established; the phone call is no substitute for this.

Admitting fault at the scene of the accident. Premature, often factually wrong, and liable to worsen your position with your own insurer.

Moving the vehicles before photographing them. The final position is the most important piece of evidence where the course of events is disputed – unless safety requires otherwise.

Getting out without a high-visibility vest. The moment right after the impact is the most dangerous, especially at night and on the motorway.

Relying on a waiting time read somewhere. The law names none. If in doubt, wait longer and make the report to the police station afterwards.

Frequently asked questions

Questions and answers

Do I have to call the police after an accident?

Legally, no – not even where someone is injured, which surprises many people. § 34 StVO requires you to stop, secure the traffic, help anyone injured and enable the facts to be established; the police appear there only as an alternative for the case that you drive on after waiting an appropriate time and report your involvement “at least to the persons entitled … or to a nearby police station”. Where someone is injured, however, you must get help regardless – that follows from § 323c StGB, and the number to call is 112. And in practice the police are indispensable in many situations: in a dispute about what happened, where alcohol is suspected, in a hit-and-run, and where the other party is uncooperative.

How long do I have to wait at the scene?

The law does not say. § 142 StGB requires waiting “a period appropriate to the circumstances” – no figure in minutes appears there, and any specific figure you read anywhere is an estimate drawn from case law on a particular case. What matters is the circumstances: time of day, location, the amount of damage, and the likelihood that someone will come back. A different standard applies at night in an empty car park than at midday outside a supermarket, and a high amount of damage calls for a longer wait than a scratch. If in doubt, wait longer and then report it to the nearest police station afterwards – that is the safe approach.

Does a note on the windscreen suffice?

No, and this is one of the most costly misconceptions on the roads. A note does not satisfy the duties under § 142 StGB: it can blow away, be removed, or become illegible, and no one can verify that it was ever there at all. What is correct is to wait a reasonable time and, if no one comes, to enable the facts to be established afterwards without delay – at the nearest police station. You may leave the note in addition, but it is no substitute. There is, however, a lifeline: the 24-hour rule in subsection 4.

I drove off after causing parking damage — is it too late?

Possibly not. § 142 Abs. 4 StGB provides that the court reduces the sentence, or may waive it, if the person involved in the accident, within twenty-four hours of an accident outside moving traffic resulting in exclusively insignificant property damage, voluntarily enables the facts to be established afterwards. The typical case is exactly yours: a car park or parking space. The three requirements matter – stationary traffic, minor damage, and voluntariness – and “voluntary” means: before an investigation reaches you regardless. So contact the nearest police station without delay; whether the requirements are met in your particular case is ultimately for the court to decide.

What counts as “insignificant” property damage?

There is no fixed statutory limit – the law uses the term without putting a figure on it. The courts draw the line differently, and the figures mentioned have moved upward over the years; a generally valid figure therefore cannot responsibly be given, and you should not rely on any figure you read anywhere. In practice this means: do not rely on your damage still counting as minor. The safe course is to enable the facts to be established rather than gambling that subsection 4 will apply.

What happens if the other side does not want the police?

Then you decide for yourself. No one can stop you calling the police, and in several situations you should do so: if the course of events is disputed, if the information given to you seems implausible, if there are signs of alcohol or drugs, if no valid driving licence is shown, or if a hire, company or foreign vehicle is involved. If you are actively pressured not to call the police, that alone is already a reason to do so. In every case, note down the licence plate before doing anything else – it is the one piece of information that cannot be disputed later.

Can I report the accident via the Online-Wache?

No – and the joint portal of the federal state police forces says so expressly: traffic accidents and offences with a complex set of facts should be reported directly at the nearest police station. The reason is obvious: an accident requires follow-up questions about how it happened, often a sketch, and sometimes an assessment of vehicles and marks. If you need help at the scene itself, 110 applies regardless, and 112 where someone is injured. The Online-Wache is expressly not suited to emergencies.

By when must I notify my insurer?

That follows from your contract, not from the law. Typical terms require notification “without delay” or within a week; the exact deadline and form are set out in your insurance terms, and that is where you should check rather than relying on a generally quoted figure. Report the accident to your own liability insurer even if you consider yourself not at fault – the notification is not an admission of fault, but failing to make it can be a breach of duty under the policy. Submit photos, the other party's details and, if available, the police file number.

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