Leaving the Scene of Property Damage

Utah Code 41-6a-4 describes a driver’s responsibilities after a car accident or crash. Under section 401, for any accident involving property damage, the driver and passenger have certain duties to stop and remain at the scene long enough to exchange information and notify law enforcement.

If the accident resulted in property damage of $2,500 or more, then the driver 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 traffic crash to the nearest office of a law enforcement agency. Most of these cases involve hitting a parked vehicle, an occupied vehicle, or property near the roadside such as a fence or gate.

A violation of any subsection of 41-6a-401 for leaving the scene of a crash involving damage to attended or unattended property is a class B misdemeanor.

Attorney for Leaving the Scene Involving Property Damage in Salt Lake City, Utah

If you left the scene of a crash or accident, then you should remain at the scene until you have fulfilled your reporting requirements. If you left the place where the accident occurred, then a criminal investigation has begun. If any witness to the crash can describe you, your vehicle, or the vehicle's license plate number, then an officer is likely to go after the owner of the vehicle.

The officer's goal is to interrogate the owner of the vehicle and get a confession to prove who was driving at the time of the crash. An attorney can contact the law enforcement officer on your behalf to help you invoke your right to remain silent and your right to have an attorney represent you at every stage of the case.

The penalties for leaving the scene of a traffic crash (often called "hit and run") are serious and unforgiving. After the criminal investigation begins, never make a statement to law enforcement until after you have retained an experienced criminal defense attorney to assist you at every stage of the case.

The attorneys at Brown, Bradshaw & Moffat, LLP are experienced in representing men and women under investigation for leaving the scene of an accident involving property damage under § 41-6a-401. We also represent clients for more serious charges of leaving the scene of an accident with personal injury or serious bodily injury. Call (801) 532-5297 today to talk with an attorney in Salt Lake City, Utah.

Additional Information about Leaving the Scene of Property Damage

  • Accidents Involving Damage to Attended Property
  • Traffic Accidents Involving Unattended Property

Accidents Involving Damage to Attended Property

When the owner of the damaged property is present, the property is considered “attended property.” After a crash involving property damage, the driver must:

  1. Give to the persons involved:
  • the operator's name, address, and the registration number of the vehicle being operated; and
  • the name of the insurance provider covering the vehicle being operated including the phone number of the agent or provider
  1. Upon request and if available, exhibit the operator's license to:
  • any investigating peace officer present;
  • the operator, occupant of, or person attending the vehicle or other property damaged in the accident; and
  • the owner of property damaged in the accident, if present.

Traffic Accidents Involving Unattended Property

If a driver is involved in a crash with unattended property, then Utah law requires the driver to do the following:

  • 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
  • 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.

The driver can also provide the information required to an investigating peace officer at the scene of the accident.

Finding an Attorney for Hit and Run with Property Damage in Salt Lake City, Utah

If you were cited or arrested for a violation of leaving the scene of a crash involving damage to attended or unattended property, then contact an experienced criminal defense attorney to represent you. 

Call (801) 532-5297 today to discuss your case. We can begin your defense today.

Criminal Defense — Utah

Frequently Asked Questions: Leaving the Scene in Utah

1 Is leaving the scene of an accident a felony in Utah?

In Utah, a hit and run can be a misdemeanor or a felony. If the accident involves only property damage, it is typically a Class B misdemeanor. If it results in injury, it is a Class A misdemeanor. However, under Utah Code § 41-6a-401.3, leaving the scene of an accident involving serious bodily injury or death is a third-degree felony, carrying a potential sentence of up to five years in prison.

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2 What is the property damage reporting threshold in 2026?

Under current Utah law, you are required to notify law enforcement immediately if an accident results in any injury or death, or if property damage appears to exceed $2,500. If the damage is below this amount and no one is injured, you are still legally required to stop and exchange information with the other party — but a formal police report may not be mandatory.

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3 What are the penalties for a hit and run in Salt Lake City?

Penalties are tiered based on the severity of the incident:

  • Property Damage Only: Up to 6 months in jail and a $1,000 fine (Class B misdemeanor).
  • Injury: Up to 364 days in jail and a $2,500 fine, with a minimum fine of $750 (Class A misdemeanor).
  • Serious Bodily Injury or Death: Up to 5 years in prison and a $5,000 fine, with a minimum fine of $750 (third-degree felony).

In addition to criminal penalties, a conviction often triggers a driver's license suspension by the DLD.

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4 Do I have to stay at the scene if I hit a parked car or a fence?

Yes. If you strike unattended property, Utah Code § 41-6a-401.7 requires you to either locate the owner or leave a conspicuous note with your name, address, and vehicle registration. Failing to provide this notice is a Class C misdemeanor, punishable by up to 90 days in jail and a fine of $750 plus surcharges. Fleeing the scene entirely can be charged as the more serious Class B misdemeanor.

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5 What should I do if I accidentally left the scene of a crash?

If you have already left the scene, do not wait for the police to knock on your door. Contact a criminal defense attorney immediately. While you have a legal duty to report the accident, an attorney can facilitate this process to ensure you comply with the law without inadvertently sabotaging your defense or providing self-incriminating statements.

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DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.

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