Chances of Getting Away with a Hit and Run

A crash happens in seconds, and panic can take over for drivers who think the damage looks minor, do not have insurance, or worry about the consequences of a prior ticket. The idea of quietly driving away can feel like the easiest option. However, leaving the scene immediately turns a traffic mistake into a criminal offense, and it rarely improves the driver’s situation once police and insurers become involved.

At Boesen Law, our Denver car accident lawyers regularly work with people who were hurt by drivers who fled, and we also see cases where a panicked driver later came forward. In both situations, Colorado law is clear that staying at the scene and exchanging information is required, not optional. In this article, we will explain what “getting away with it” really looks like in legal terms and how these decisions can affect you.

What Colorado Law Says About Hit and Run

Colorado statutes describe specific duties drivers have after a crash and create separate offenses for leaving the scene in different situations. For example, C.R.S. § 42-4-1601 requires a driver involved in an accident resulting in injury or death to immediately stop at the scene, remain there, and provide assistance and information. Leaving can lead to felony charges when someone is hurt or killed.

C.R.S. § 42-4-1602 addresses crashes that result only in property damage, such as damage to another vehicle. Drivers are still required to stop, make a reasonable effort to locate the owner, and provide identifying and insurance information. Similarly, C.R.S. § 42-4-1606 requires the driver to notify law enforcement and submit a written crash report when the crash involves injury or death, or when the property damage is significant. Violating these statutes is generally a class 2 misdemeanor.

Colorado law does not treat hit and run as “minor” simply because the damage looks small. Failing to stop, exchange information, or report the crash can carry criminal consequences and complicate insurance claims.

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How Often Do Hit-and-Run Drivers Actually Get Caught?

The Colorado State Patrol investigated 2,700 yearly hit-and-run crashes statewide. While the agency does not publish data showing how many fleeing drivers were ultimately identified, real-world investigation patterns make one thing clear: leaving the scene does not guarantee anonymity, and many drivers are identified days, weeks, or even months after a crash as new evidence emerges. Consider the following:

• Technology has made it harder to disappear: Between doorbell cameras, dashcams, business security systems, and traffic cameras, there are more potential witnesses to a crash now than at any point in the past.
• Partial information can be enough: A partial license plate, distinctive bumper sticker, company logo, or vehicle damage pattern can be enough for officers to narrow down suspects.
• Serious injuries bring more attention: When a pedestrian or cyclist is badly hurt, or a child is struck, police departments tend to allocate more resources to tracking down the driver.
• Insurance claims can reveal the truth: Even if a driver is not found right away, later repairs or insurance claims for matching damage may raise questions.

From a driver’s perspective, the odds of avoiding detection may feel high in the first few minutes after a crash. Over the weeks and months that follow, the chances often drop as more information surfaces.

Why “Getting Away With It” Is Not Really a Win

Several factors to consider:

• Criminal versus civil exposure: If a driver stays at the scene, they might face a citation for careless driving or failure to yield. Fleeing adds a separate criminal charge that exists solely because they chose to leave.
• Impact on sentencing and negotiations: In cases that go to court, judges and prosecutors often treat hit and run as evidence that the driver tried to avoid responsibility. The same crash can lead to a harsher sentence simply because of the decision to leave.
• Insurance consequences: Insurance companies do not look favorably on drivers involved in hit-and-run incidents. A criminal conviction can lead to higher premiums, difficulty finding coverage, or, in extreme cases, non-renewal.
• Moral and emotional weight: Living with the knowledge that someone may be struggling with injuries or costs because you left can carry its own burden. Some drivers eventually come forward out of guilt, long after the opportunity to minimize damage has passed.

From a legal and practical standpoint, the risks of leaving almost always outweigh any perceived short-term benefit.

How Hit and Run Affects the Victim’s Civil Claim

For someone injured in a hit and run, the immediate concern is often whether the driver will be identified and how medical bills and vehicle repairs will be paid. Whether police identify the driver or not, there are different paths forward. 

If the driver is found:

• Their liability insurance becomes a potential source of compensation for medical bills, lost wages, pain and suffering, and property damage.
• Evidence that they fled the scene can help show reckless disregard for safety, which sometimes supports a claim for exemplary (punitive) damages under Colorado law.
• The victim may also have a claim under Colorado’s general negligence rules and comparative fault statute (C.R.S. § 13-21-111) which governs how fault is allocated between parties in an injury case.

If the driver is not found:

• The victim may be able to use their uninsured motorist (UM) coverage to pay for injuries.
• Collision coverage can help pay for vehicle repairs, subject to the policy’s deductible.
• Medical payments coverage and health insurance can help with treatment, although these may later be reimbursed from any settlement.

A lawyer from Boesen Law can review the police report, insurance policies, and medical records to identify all available sources of compensation, even when criminal charges are never filed.

Statutes of Limitation and Hit and Run Claims in Colorado

Colorado places deadlines on when you can file an injury lawsuit, which means waiting too long can eliminate your civil claim, even if the driver is eventually found. In general, most motor vehicle injury claims must be filed within three years of the date of the crash under C.R.S. § 13-80-101.

It’s important to consider that property damage only claims may be subject to different deadlines, as well as claims against government entities (such as crashes involving city vehicles), which usually have shorter notice and filing requirements.

These civil deadlines are separate from any criminal statute of limitations for hit-and-run offenses, which can be longer or shorter depending on whether the offense is a misdemeanor or felony. Even if the state can still prosecute, you may lose the right to pursue your own compensation if you wait beyond the civil filing period. Speaking with an attorney early helps ensure you understand which deadlines apply to your case.

What You Should Do If You Are the Victim of a Hit and Run

If you are hit by a driver who leaves the scene, your focus should be on safety and preserving information. Helpful steps include:

1. Call 911 if anyone is hurt. Your health and the safety of others come first. Emergency responders can also document the scene for the police report.
2. Provide the best description you can. Note the vehicle’s color, make, model, direction of travel, and any part of the license plate. Even partial details can be useful.
3. Look for cameras and witnesses. Ask nearby businesses or residents if they have surveillance cameras that might have captured the crash. Get names and contact information for any witnesses.
4. Photograph the scene. Take pictures of your vehicle, debris on the road, skid marks, and any visible injuries.
5. Get medical care and follow through. A medical evaluation can catch injuries like concussions or soft tissue damage that worsen later.
6. Notify your insurance company. Time limits within your policy may require prompt notice, especially for uninsured motorist claims.

Once your immediate needs are addressed, talking with a lawyer will help you understand how Colorado’s hit and run statutes, your insurance coverage, and available evidence fit together in your situation.

Talk to Boesen Law About a Hit and Run in Colorado

Whether you were injured, your vehicle was damaged, or you are unsure how Colorado law applies to your situation, getting clear guidance early can make a meaningful difference in your case’s outcome. At Boesen Law, our attorneys draw on decades of experience to help clients understand their options after a hit and run and take practical steps to protect their claims. 

To learn what options may be available, contact us today for a free consultation. A lawyer from our team can review your police report, identify available insurance coverage, and advise you on the best path forward based on the specific facts of your case.

Call (303) 999-9999 or complete a Free Case Evaluation form