13-2924. Unlawful solicitation of tort victims; classification; definitions

A. Except as otherwise provided by law, a person commits unlawful solicitation of a tort victim if the person knowingly does any of the following at the scene of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person:

1. Solicits a tort victim if the person receives or expects to receive compensation as a result of the solicitation.

2. Offers or provides compensation to another person for the solicitation of a tort victim.

3. Requests or accepts compensation for the solicitation of a tort victim.

B. This section does not prohibit or restrict any of the following:

1. The solicitation of motor vehicle repair or storage services by a towing company.

2. Police, fire or emergency medical personnel who are engaged in activity which is within the normal scope of duty for their respective occupation or profession.

3. The tort victim from communicating with the tort victim's insurer regarding the investigation of a claim or settlement of any property damage claim.

C. The tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section:

1. " Compensation" means the direct or indirect promise or payment of any fee, salary, wage, commission, bonus, rebate, refund, dividend or discount.

2. " Solicit" or " solicitation" means directly or indirectly either:

(a) Touting, promoting, recommending, suggesting or offering services or goods to a tort victim.

(b) Selecting, obtaining or procuring services or goods for a tort victim.

3. " Tort victim" means any of the following:

(a) A person whose property has been damaged as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.

(b) A person who has been injured or killed as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.

(c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.