Idaho Hit and Run Laws: Penalties and What to Do

Idaho classifies hit and run as a misdemeanor when only property damage occurs and a felony under I.C. § 18-8007 when the accident causes injury or death, carrying up to five years in prison and a $5,000 fine.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Idaho Car Accident Settlement Calculator.

Last verified: January 2026. This guide reflects Idaho Code Title 49 (Motor Vehicles) and Title 18 (Crimes and Punishments).

Quick Summary

Under Idaho law, leaving the scene of an accident without stopping, identifying yourself, and rendering reasonable assistance is a criminal offense. The severity depends on whether the accident caused property damage, injury, or death.

• Property damage only: Misdemeanor, up to 6 months jail and up to $1,000 fine
• Injury or death: Felony, up to 5 years prison, up to $5,000 fine
• License revocation: 1 year mandatory for property damage or injury/death convictions (no work permits allowed for injury or death)
• Reporting threshold: More than $1,500 in damage to any one person's property, or any injury or death

References:

• I.C. § 49-1301: Accidents involving damage to vehicle
• I.C. § 18-8007: Leaving scene of accident resulting in injury or death
• I.C. § 49-1305: Duty to report accidents

Idaho Hit and Run Penalties

Property Damage Only (I.C. § 49-1301)

Leaving the scene of an accident that results only in property damage is a misdemeanor:

• Jail: Up to 6 months in county jail (I.C. § 18-113(1), applied through I.C. § 49-236(4))
• Fine: Up to $1,000
• License revocation: 1 year (I.C. § 49-1301(4))
• Important: Moving the vehicle does not create liability for the accident

Injury or Death (I.C. § 18-8007)

Fleeing an accident that results in injury or death is a felony:

• Prison: Up to 5 years in state penitentiary
• Fine: Up to $5,000
• License revocation: 1 year mandatory (no work permits or limited driving privileges allowed)

Note that a violation of any provision of the statute constitutes a felony, not just leaving the scene entirely. Failing to render aid, failing to provide information, or failing to exhibit your license can each result in felony charges.

Your Legal Duties After an Accident

Property Damage Accidents (I.C. § 49-1301)

After an accident involving property damage, you must:

• Stop immediately without obstructing traffic more than necessary

• Remain at the scene until you have fulfilled the requirements of law Provide your information (I.C. § 49-1302) to the person struck or the driver or person attending the other vehicle:

• Name and address

• If available, your driver's license, proof of registration, and proof of liability insurance

If you hit an unattended vehicle (I.C. § 49-1303), either locate and notify the owner or operator, or leave a written note in a conspicuous place in or on the vehicle giving the name and address of the driver and of the owner of the vehicle that struck it, along with a statement of the circumstances.

Injury or Death Accidents (I.C. § 18-8007)

When an accident causes injury or death on public or private property open to the public, you must:

• Stop immediately at the scene or as close as possible without obstructing traffic

• Remain at the scene until all requirements are fulfilled Provide your information to the victim, driver, occupants, or law enforcement:

• Name and address

• Name of your insurance agent or company (if you have liability insurance)

• Vehicle registration number

• Exhibit your driver's license if available and requested

• Render reasonable assistance to anyone injured, including arranging transportation to a medical facility if treatment is necessary or requested

Reporting Requirements (I.C. § 49-1305)

You must immediately report an accident to law enforcement when:

• The accident results in death or injury
• Damage to the property of any one person is more than $1,500

If you are physically incapable of filing the report, a person in your vehicle must do so on your behalf.

When Does Hit and Run Become a Felony?

A hit and run becomes a felony in Idaho under I.C. § 18-8007 when the driver leaves an accident that the driver knows or has reason to know caused:

• Injury to any person
• The death of any person

Additional charges that may be filed include:

• Vehicular manslaughter: Felony if death resulted from unlawful operation or negligence
• Vehicular homicide: If intent to harm existed
• Reckless driving: Misdemeanor that can escalate to felony with injury or death
• Eluding police: Misdemeanor
• DUI: Felony if causing injury or death
• Disorderly conduct

Mandatory License Revocation

Under I.C. § 18-8007(3), the Director of the Transportation Department must revoke the driver's license of anyone convicted of leaving the scene of an injury or death accident for 1 year.

Key point: This revocation precludes any type of work permit or other form of limited driving privileges under I.C. § 49-326. You cannot drive for any purpose during the revocation period.

Idaho Traffic Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS) and NHTSA data for 2023:

• Total traffic deaths: 275
• Death rate: 14.0 per 100,000 population
• Deaths per 100 million vehicle miles: 1.39
• Car occupant deaths: 80 (29%)
• Pickup and SUV occupant deaths: 96 (35%)
• Pedestrian deaths: 31 (11%)
• Motorcyclist deaths: 39 (14%)
• Bicyclist deaths: 7 (3%)
• Large truck occupant deaths: 13 (5%)
• Single-vehicle crashes: 54%
• Urban vs. rural: 29% urban, 71% rural
• Restraint use among fatalities: 43% were restrained

Idaho's high proportion of rural fatal crashes (71%) reflects the state's geography and longer emergency response times outside urban areas, making it even more critical for drivers to render aid at accident scenes.

How Fault is Determined in Idaho

Idaho follows a modified comparative negligence rule under I.C. § 6-801. This means:

• Your damages are reduced by your percentage of fault
• If you are 50% or more responsible for the accident, you cannot recover any compensation

"Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or injury to person or property if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering." , I.C. § 6-801

Important: Do not admit fault at the scene. Admitting fault can bar you from compensation and increase your insurance premiums. Let investigators determine responsibility.

Civil Liability

Beyond criminal penalties, hit and run offenders face civil liability. Victims may sue for:

• Medical bills
• Lost wages
• Property damage
• Punitive damages (especially if the driver showed egregious conduct, lack of remorse, or failed to render aid)

Document the other driver's actions at the scene. If they fled without assisting, this could significantly increase punitive damages. An injury suit must be filed within 2 years of the accident, so have an Idaho car accident lawyer gather that evidence and file in time, starting with a free claim review (attorney advertising).

Statute of Limitations

In Idaho:

• Personal injury or wrongful death: 2 years from the date of the accident (or from the date of death)
• Property damage: 3 years from the date of the accident

Common Hit and Run Defenses

To convict, prosecutors must prove beyond reasonable doubt that you: (1) drove the vehicle, (2) were involved in an accident causing injury, death, or property damage, and (3) intentionally left the scene. Common defenses include:

• Not the driver: You were not behind the wheel at the time of the accident
• Safety concerns: You feared for your safety (the other party became violent or dangerous)
• Lack of knowledge: You genuinely did not know an accident occurred
• Incapacitation: You were seriously injured and unable to comply with the requirements
• Compliance: You fulfilled all legal requirements before leaving the scene

Remember: Your safety takes priority. If you had good reason to fear for your safety and you promptly reported the incident to law enforcement, this may serve as a valid defense.

Is hit and run a felony in Idaho?

It depends on the outcome. Property damage only is a misdemeanor. If anyone is injured or killed, it becomes a felony with up to 5 years in prison and a $5,000 fine.

What if I hit an unattended car in a parking lot?

You must stop and either locate and notify the owner or operator, or leave a written note in a conspicuous place in or on the vehicle giving the name and address of the driver and of the owner of the vehicle that struck it, along with a statement of the circumstances. Failure to do so is a misdemeanor.

Can I get a work permit if my license is revoked for hit and run?

No. Idaho law specifically prohibits work permits or any form of limited driving privileges during the 1-year mandatory revocation for leaving the scene of an injury or death accident.

What if someone else was driving my car?

If you can prove you were not the driver, you have not committed the crime. However, the person who was driving could face charges. You may still face civil liability depending on the circumstances.

What should I do if I am a victim of a hit and run?

Call 911 immediately. Document everything possible: the fleeing vehicle's license plate, make, model, color, and the driver's description. Gather witness information. Do not chase the fleeing driver. Contact your insurance company and consider consulting an attorney.

Related Idaho Laws

• Idaho Car Seat Laws
• Idaho Child Support Laws
• Idaho Lemon Law
• Idaho Recording Laws
• Idaho Sexting Laws
• Idaho Statute of Limitations
• Idaho Whistleblower Laws

More Idaho Laws

• Idaho Car Accident Laws
• Idaho Statute of Limitations

Frequently Asked Questions

When Does Hit and Run Become a Felony?

A hit and run becomes a felony in Idaho when the driver leaves an accident that the driver knows or has reason to know caused injury to or the death of any person. Additional charges that may be filed include vehicular manslaughter, which is a felony if death resulted from unlawful operation or negligence.