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Illinois Compiled Statutes

625 ILCS 5/11-404 (2026)

Duty upon damaging unattended vehicle or other property

✓ current as of May 2026
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(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
    Sec. 11-404. Duty upon damaging unattended vehicle or other property.
    (a) The driver of any vehicle which collides with or is involved in a motor vehicle crash with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such crash when and as required in Section 11-407. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
    (b) Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.
    (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code.
    (d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.)

    
Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1997–2026 · leading case: People v. Digirolamo, 688 N.E.2d 116 (Ill. 1997).
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People v. Digirolamo, 688 N.E.2d 116 (Ill. 1997). “625 ILCS 5/11-404 (West 1992). Notably, sections 11-402 and 11-404 make failure to comply with those sections a Class A misdemeanor only.”
People v. Walker, 2013 IL App (4th) 120118 (Ill. App. Ct. 2013). “¶ 20 The State charged defendant with (1) DUI based on the presence of cannabis in her urine (625 ILCS 5/11-501(a)(6) (West 2010)) and (2) leaving the scene of an accident resulting in damage to property (625 ILCS 5/11-404 (West 2010)). ¶ 21 In September 2011, defendant filed a…”
People v. Gaede, 2014 IL App (4th) 130346 (Ill. App. Ct. 2014). “BACKGROUND ¶3 On February 19, 2012, defendant was arrested for driving under the influence (625 ILCS 5/11-501(a)(2) (West 2012)), operating an uninsured vehicle (625 ILCS 5/3-707 (West 2012)), failing to report an accident to police authority (625 ILCS 5/11-407 (West 2012)), and…”
People v. Higgenbotham, 2012 IL App (1st) 110434 (Ill. App. Ct. 2012). “h multiple traffic law violations, including: failure to render aid (625 ILCS 5/11-403 (West 2008)); operating a motor vehicle without insurance (625 ILCS 5/3-707 (West 2008)); driving under the influence (625 ILCS 5/11-501(a)(4) (West 2008)); driving on a suspended license (625…”
People v. Gaede, 2014 IL App (4th) 130346 (Ill. App. Ct. 2014). “BACKGROUND ¶ 3 On February 19, 2012, defendant was arrested for driving under the influence (625 ILCS 5/11-501(a)(2) (West 2012)), operating an uninsured vehicle (625 ILCS 5/3-707 (West 2012)), failing to report an accident to police authority (625 ILCS 5/11-407 (West 2012)),…”
Rogers v. City Of Harvey (N.D. Ill. 2023). · cites it 3× “” 625 ILCS 5/11-404(a). In addition, “[n]o vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.”
People v. Davis, 2026 IL App (1st) 231754-U (Ill. App. Ct. 2026). · cites it 2× “15 (West 2022)); unsafe backing on a roadway (625 ILCS 5/11-1402 (West 2022)); failure to notify of damage caused by a motor vehicle crash (625 ILCS 5/11-404 (West No. 1-23-1754 2022)); transportation of alcohol by a driver (625 ILCS 5/11-502 (West 2022)); and driving on a…”
People v. Coleman, 2023 IL App (1st) 211632-U (Ill. App. Ct. 2023). “Compare 625 ILCS 5/11-402(a) (West 2020) (setting forth duties of drivers who damage an attended vehicle) with 625 ILCS 5/11-404(a) (West 2020) (setting forth duties of drivers who damage an unattended vehicle).”
Rogers v. City Of Harvey (N.D. Ill. 2021). “In their reply brief, [89] at 2, Defendants clarify that they are arguing Winston had probable cause to arrest Rogers for a violation of 625 ILCS 5/11-404, which provides in relevant part: Duty upon damaging unattended vehicle or other property.”
— 625 ILCS 5/11-404(a) — 2 cases
Rogers v. City Of Harvey (N.D. Ill. 2023). “” 625 ILCS 5/11-404(a). In addition, “[n]o vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.”
People v. Coleman, 2023 IL App (1st) 211632-U (Ill. App. Ct. 2023). “Compare 625 ILCS 5/11-402(a) (West 2020) (setting forth duties of drivers who damage an attended vehicle) with 625 ILCS 5/11-404(a) (West 2020) (setting forth duties of drivers who damage an unattended vehicle).”
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