Utah statute
Utah Code Ann. § 41-6a-401 — Accident involving property damage - Duties of operator, occupant, and owner - Exchange of information - Notification of law enforcement - Penalties.
Current through 2026 General Session
Part of Part 4: Accident Responsibilities, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 41-6a-401
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) As used in this section: (1)(a) "Conviction" means the same as that term is defined in Section 77-38b-102. (1)(b) "Knowledge" or "with knowledge" means, with respect to an individual's own conduct or to circumstances surrounding an individual's conduct, that the individual is aware of the nature of the conduct or the existing circumstances. (1)(c) "Reason to believe" means information from which a reasonable person would believe that the person may have been involved in an accident. (2)(a) An operator of a vehicle with knowledge that the operator was involved in, or who has reason to believe that the operator may have been involved in, an accident resulting only in damage to another vehicle or other property: (2)(a)(i) may move the vehicle as soon as possible: (2)(a)(i)(A) out of the travel lanes on any roadway to an adjacent shoulder, the nearest suitable cross street, or other suitable location that does not obstruct traffic; or (2)(a)(i)(B) off the freeway main lines, shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic; and (2)(a)(ii) shall remain at the scene of the accident or the location described in Subsection (2)(a)(i) until the operator has fulfilled the requirements of this section. (2)(b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the determination of fault for an accident. (2)(c) If the operator has knowledge that the operator was involved in, or reason to believe that the operator may have been involved in, an accident resulting in damage to another vehicle or other property only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of this section. (3) Except as provided under Subsection (6), if the vehicle or other property is operated, occupied, or attended by any person or if the owner of the vehicle or property is present, the operator of the vehicle involved in the accident shall: (3)(a) give to the persons involved: (3)(a)(i) the operator's name, address, and the registration number of the vehicle being operated; and (3)(a)(ii) the name of the insurance provider covering the vehicle being operated including the phone number of the agent or provider; and (3)(b) upon request and if available, exhibit the operator's license to: (3)(b)(i) any investigating peace officer present; (3)(b)(ii) the operator, occupant of, or person attending the vehicle or other property damaged in the accident; and (3)(b)(iii) the owner of property damaged in the accident, if present. (4) The operator of a vehicle involved in an accident shall immediately and by the quickest means of communication available give notice or cause to give notice of the accident to the nearest office of a law enforcement agency if the accident resulted in property damage to an apparent extent of $2,500 or more. (5) Except as provided under Subsection (6), if the vehicle or other property damaged in the accident is unattended, the operator of the vehicle involved in the accident shall: (5)(a) locate and notify the operator or owner of the vehicle or the owner of other property damaged in the accident of the operator's name, address, and the registration number of the vehicle causing the damage; or (5)(b) attach securely in a conspicuous place on the vehicle or other property a written notice giving the operator's name, address, and the registration number of the vehicle causing the damage. (6) The operator of a vehicle that provides the information required under this section to an investigating peace officer at the scene of the accident is exempt from providing the information to other persons required under this section. (7) An operator of a vehicle that has knowledge or has reason to believe that the operator may have been involved in an accident and fails to comply with the provisions of this section is guilty of an offense punishable as described in Subsection (8). (8)(a) Except as provided in Subsection (8)(b) or (c), a violation of Subsection (7) is a class B misdemeanor. (8)(b) Except as provided in Subsection (8)(c), a violation of Subsection (7) is a class A misdemeanor if, within 10 years before the day on which the operator committed the current violation, the operator was convicted of: (8)(b)(i) a violation of Subsection (7); (8)(b)(ii) a misdemeanor offense relating to the duty to stop and remain at an accident involving injury or death described in Section 41-6a-401.3; (8)(b)(iii) a misdemeanor offense of driving under the influence described in Section 41-6a-502; or (8)(b)(iv) a misdemeanor offense described in Subsections 41-6a-501(2)(a)(i) through (x). (8)(c) A violation of Subsection (7) is a third degree felony if the operator, within 10 years before the day on which the operator committed the current violation: (8)(c)(i) was convicted two or more times of: (8)(c)(i)(A) a violation of Subsection (7); (8)(c)(i)(B) a misdemeanor offense relating to the duty to stop and remain at an accident involving injury or death described in Section 41-6a-401.3; (8)(c)(i)(C) driving under the influence described in Subsection 41-6a-502(2)(a) or (b); or (8)(c)(i)(D) a misdemeanor offense described in Subsections 41-6a-501(2)(a)(i) through (x); or (8)(c)(ii) was convicted of: (8)(c)(ii)(A) a felony offense relating to the duty to stop and remain at an accident involving injury or death described in Section 41-6a-401.3; (8)(c)(ii)(B) a class A misdemeanor under Subsection (8)(b); (8)(c)(ii)(C) a class A misdemeanor under Subsection (8)(b), for which judgment of conviction is subsequently reduced under Section 76-3-402; (8)(c)(ii)(D) a felony offense of driving under the influence, described in Section 41-6a-502; or (8)(c)(ii)(E) a felony of an offense described in Subsections 41-6a-501(2)(a)(i) through (x). (9) Notwithstanding any other provision of this section, an enhancement under this section based on one or more prior convictions is not applicable if, no later than six hours after the accident occurred, the operator voluntarily reports the accident to a law enforcement agency having jurisdiction over the location where the accident occurred. (10) In addition to any other factor authorized by law, the fact that an operator self-reported the accident to a law enforcement agency, regardless of the time elapsed since the accident, is a mitigating factor for purposes of sentencing. (11) When sentencing an operator convicted under Subsection (8)(b) or (c), the court shall comply with Section 41-6a-401.8.
Official sources
Legal terms used in this section
Questions this section answers
Is accident involving property damage a felony or a misdemeanor in Utah?
It depends on the circumstances: accident involving property damage ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 41-6a-401.
Base violation of duties after accident: Class B Misdemeanor (Utah Code Ann. § 41-6a-401(8)(a)) · Violation with one prior related conviction within 10 years: Class A Misdemeanor (Utah Code Ann. § 41-6a-401(8)(b)) · Violation with two or more qualifying prior convictions within 10 years: Third Degree Felony (Utah Code Ann. § 41-6a-401(8)(c))
Which Utah statute covers accident involving property damage?
Accident involving property damage is governed by Utah Code Ann. § 41-6a-401 (Accident involving property damage - Duties of operator, occupant, and owner - Exchange of information - Notification of law enforcement - Penalties).
This reference is informational and is not legal advice.