What Compensation Can I Receive After a Hit-and-Run?

A hit-and-run accident occurs when a driver involved in a car crash intentionally leaves the scene without providing their contact information, offering assistance to those injured, or fulfilling their legal responsibilities, such as reporting the crash to authorities. This applies to accidents involving other vehicles, pedestrians, cyclists, or even property damage.

In Colorado, hit-and-run accidents are not only a serious violation of the law but can also lead to criminal charges. Drivers who leave the scene of an accident, particularly if it results in injury or death, face severe legal consequences such as fines, license suspension, or even imprisonment.

But what happens if the responsible driver isn’t found? And how can you recover compensation for your injuries and losses? Let’s take a deeper look at your options.

Uninsured/Underinsured Motorist Coverage

When you’re involved in a hit-and-run accident and the responsible driver flees the scene, your Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage becomes crucial. These types of coverage are designed to protect you in situations where the at-fault driver either lacks insurance or has insufficient coverage to fully compensate you for your damages.

Uninsured Motorist Coverage

This type of insurance provides compensation for injuries and damages caused by a driver who does not have auto insurance. If you are in a hit-and-run accident and the other driver is unidentified, your UM coverage may help cover your medical bills, lost wages, and other damages.

Underinsured Motorist Coverage

If the at-fault driver’s insurance is insufficient to cover the total cost of your injuries and damages, UIM coverage can help. It steps in to make up the difference between the at-fault driver’s insurance limits and your total expenses.

Both UM and UIM coverage are optional in Colorado, but every insurance provider is required to offer them. If you choose to decline coverage, you must do so in writing. Keep in mind that having this coverage can be especially valuable in a hit-and-run scenario.

Other Insurance Coverages You May Have

Personal Injury Protection (PIP)

If you’re injured in a hit-and-run, you may be able to use your Personal Injury Protection (PIP) coverage. PIP can help pay for medical bills, lost wages, and other accident-related expenses, regardless of fault. However, be aware that filing a claim under PIP may increase your insurance premiums over time.

Collision Coverage

Collision insurance can cover damage to your vehicle if it’s involved in a hit-and-run. However, like PIP, this could lead to higher premiums. It’s worth considering whether using this coverage is the best option based on your circumstances.

Steps to Take After a Hit-and-Run Accident

Being involved in a hit-and-run can be frightening, but knowing what to do next is critical to protect your rights and increase your chances of recovering compensation.

1. Stay Calm and Assess the Situation

If you’re involved in a hit-and-run, the first step is to stay calm. If you or anyone else is injured, seek medical attention immediately. Even if you don’t feel hurt, it’s important to be evaluated by a doctor, as some injuries may not be apparent immediately.

2. Call the Police

Contact law enforcement as soon as possible. In Colorado, a hit-and-run is a criminal offense, and the police will need to document the incident. A police report may be one of the most important pieces of evidence when filing a claim with your insurance company or taking legal action.

3. Gather Evidence

If you’re physically able, try to gather as much information as possible. Write down any details you remember about the other driver’s vehicle, such as make, model, color, and license plate number. Also, take photos of the accident scene, any visible damage, and your injuries.

4. Contact Your Insurance Provider

Report the accident to your insurance company right away. If you have UM or UIM coverage, your insurer will begin processing your claim. Be sure to provide all the details of the accident, including the police report and any evidence you’ve gathered.

5. Contact a Lawyer

If you were injured in a hit-and-run, it’s advisable to contact an attorney. A personal injury lawyer can help you navigate the complexities of filing an insurance claim, investigate the incident further, and help you pursue fair compensation. In many cases, insurance companies may undervalue or deny claims, and having legal representation can help protect your rights.

How to Get Compensation After a Hit-and-Run

Even if you have the right insurance coverage, recovering compensation after a hit-and-run can be difficult. Here are several ways to pursue damages:

1. File a Claim with Your Insurance Company

If you have Uninsured Motorist or Underinsured Motorist coverage, your insurer may be required to pay for your medical expenses, car repairs, lost wages, and pain and suffering.

2. MedPay (Medical Payments) Coverage

If you have MedPay as part of your insurance, it can help cover medical expenses, regardless of fault. MedPay can be a valuable resource for hit-and-run victims seeking compensation for immediate medical costs.

3. Investigate the Incident

An experienced attorney can help investigate the circumstances surrounding your accident. They can work with law enforcement, gather witness statements, and use surveillance footage to help identify the fleeing driver. In some cases, this investigation can lead to the driver being found and held responsible for the crash.

4. Pursue Legal Action

If the hit-and-run driver is located, they can face criminal charges. However, criminal convictions don’t always provide adequate compensation. You can file a personal injury lawsuit to seek damages that a criminal court may not cover, such as emotional distress, lost income, and pain and suffering.

Potential Damages in a Hit-and-Run Case

If you are involved in a hit-and-run accident and the responsible driver is either not found or does not have sufficient insurance, you can still pursue compensation for:

• Medical Expenses: This includes hospital bills, surgeries, medications, rehabilitation, and long-term care.
• Property Damage: Repair or replacement costs for your vehicle and any other damaged property.
• Lost Wages: Compensation for income you lost while recovering from injuries.
• Pain and Suffering: For physical and emotional distress resulting from the accident.
• Disfigurement: If the accident caused permanent scars or disfigurement.
• Loss of Enjoyment of Life: Compensation if the accident impacts your ability to enjoy life as you once did.
• Wrongful Death: If the victim dies as a result of the accident, surviving family members may be entitled to damages.

What Happens if the At-Fault Motorist is Found?

If the police manage to locate the driver responsible for the hit-and-run, they may face criminal charges for fleeing the scene of the accident. However, even if the driver is found and convicted, the compensation awarded in criminal court may not cover all of your damages.

That’s why pursuing a civil lawsuit may still be necessary to recover the full amount of compensation for your losses. A civil case can lead to a judgment that covers medical bills, lost wages, pain and suffering, and more, without the limits imposed by a criminal court.

Hit-and-Run Legal Help in Colorado

If you’ve been the victim of a hit-and-run accident in Colorado, you need a skilled and compassionate attorney to help you recover the compensation you deserve. At Boesen Law, we have extensive experience handling hit-and-run accident claims and can guide you through the process, whether it’s filing an insurance claim or pursuing legal action.

Contact Boesen Law today for a free consultation, and let us help you secure the justice you’re entitled to.

Criminal Penalties for Hit-and-Run in Colorado

Depending on the severity of the accident, leaving the scene of a crash can result in varying criminal penalties:

• Hit-and-Run Involving Injury (Class 4 Felony): If someone is injured in the accident, the driver faces a Class 4 felony, punishable by 2 to 6 years in prison and fines ranging from $2,000 to $500,000.
• Hit-and-Run Involving Death (Class 3 Felony): If the accident results in death, the driver may face a Class 3 felony, with penalties including 4 to 12 years in prison and fines of $3,000 to $750,000.
• Hit-and-Run Involving Property Damage (Class 2 Misdemeanor): For accidents causing only property damage, leaving the scene is a Class 2 misdemeanor, with penalties including up to 90 days in jail and fines ranging from $150 to $300.

In addition to these criminal penalties, hit-and-run drivers may also face civil liability, where they are required to compensate victims for their injuries, medical bills, and property damage.