Insurance Obligations After a Near-Miss With No Contact
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed March 7, 2025
Legal Inquiry
Consumer Legal Issue
I almost hit a pedestrian at a 4 way crosswalk. It was dark and the pedestrian was in my blind spot. I did not make contact with the pedestrian. My question is should I give them my insurance if they are claiming they need to go to a chiropractor?
Attorney Answer
Because there was no collision and no property damage, Utah's accident information-exchange duties were not triggered, so you are not statutorily required to hand over your insurance information.
Utah Code § 41-6a-401 requires an operator who knows or has reason to believe they were involved in an accident resulting in damage to another vehicle or other property to remain at the scene and give the people involved their name, address, vehicle registration number, and insurance information. That duty is predicated on an accident that actually caused damage. A near-miss with no contact does not meet the threshold.
A separate duty under Utah Code § 41-6a-401.7 applies to accidents involving injury or death. It requires the operator to give the same identifying and insurance information, exhibit a license on request, and render reasonable assistance to anyone injured, including arranging transport for medical treatment where treatment is apparently necessary or requested. That duty likewise attaches only where an accident involving injury or death actually occurred, so without contact it is not triggered either.
None of this means the pedestrian has no possible claim. They could still attempt to argue negligence without contact. But that would be a civil claim for them to pursue, not something Utah law requires you to facilitate on the spot by handing over insurance information.
What you can do
1. Write down the date, time, location, lighting, sight lines, and exactly what happened while your memory is fresh. 2. Recognize that you are not legally required to exchange insurance information here, and weigh with an attorney whether volunteering it helps or hurts you if a claim follows. 3. If police or the pedestrian ask questions, describe the facts accurately without speculating about fault. 4. Notify your own insurer as a precaution, since insurers generally want early notice of a potential claim. 5. If you receive a claim or a demand letter, consult a Utah attorney before responding to it.
A note on deadlines: if the pedestrian pursues a personal injury claim, a statute of limitations will apply, and how it runs depends on the specific facts. If any formal claim or demand arrives, have a Utah attorney review the timing right away.
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Frequently Asked Questions
Does Utah law require drivers to exchange information after every incident, even with no contact?
No. Utah's statutory duties to stop and exchange information are tied to an accident that actually resulted in property damage, or in injury or death. A near-miss with no contact does not trigger those specific statutory duties.
Can someone bring an injury claim against a driver with no physical contact?
It is possible in principle under general negligence principles, but the claimant would have to prove the driver breached a duty of care and that the breach caused the injury, which is considerably harder to establish without contact.
Is a driver required to report a near-miss to their own insurer?
It is generally not a legal requirement, but many drivers report incidents as a precaution because insurance policies commonly expect prompt notice of circumstances that could lead to a claim.
