I Was Involved in a Hit and Run. Do I Still Have a Case?
A hit-and-run accident is a distressing and challenging situation for any victim. In Colorado, as in other states, being involved in a hit-and-run collision can complicate the process of seeking compensation for personal injuries and damages. Here, as a personal injury attorney, I'll explore whether you still have a personal injury case if you were involved in a hit-and-run accident in Colorado.
Understanding Hit-and-Run Accidents
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing contact information, insurance details, or assisting the injured parties. Hit-and-run incidents can involve:
Accidents involving cars, trucks, motorcycles, or other motor vehicles
Incidents where a driver hits a pedestrian and flees
Situations where a driver damages property, such as parked cars or structures, and then leaves the scene
2. Common Causes of Hit-and-Run Accidents
Hit-and-run accidents can result from various factors, including:
Driver Impairment: The driver may be under the influence of alcohol or drugs and fleeing to avoid legal consequences.
Uninsured or Underinsured Drivers: The driver may lack adequate insurance coverage and leave to evade responsibility.
Fear of Legal Consequences: The driver might be afraid of facing legal consequences, such as license suspension or arrest.
Legal Framework for Hit-and-Run Accidents in Colorado
Colorado’s Insurance Requirements
Colorado law requires drivers to carry a minimum amount of auto insurance, including:
Liability Insurance: Covers damages to others in an accident you cause.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: Provides coverage if you're involved in an accident with a driver who lacks sufficient insurance or flees the scene.
Reporting a Hit-and-Run Accident
If you're involved in a hit-and-run accident, you must report the incident to the police as soon as possible. Colorado law mandates that:
Police Report: You must file a police report for hit-and-run accidents. The police report is crucial for documenting the incident and initiating an investigation.
Insurance Notification: You should notify your insurance company about the hit-and-run accident promptly. This helps confirm that you're covered under your UM/UIM policy.
Legal Rights and Remedies
Even if the at-fault driver leaves the scene, you still have legal options for pursuing compensation:
Uninsured/Underinsured Motorist Coverage: If you have UM/UIM coverage, it can compensate you for injuries and damages caused by the hit-and-run driver.
Personal Injury Lawsuit: If the at-fault driver is identified, you may be able to pursue a personal injury lawsuit against them directly.
Property Damage Claims: Your insurance may cover property damage, such as vehicle repairs, under your collision or comprehensive coverage.
Steps to Take After a Hit-and-Run Accident
1. Seek Medical Attention
Prioritize your health and seek medical attention for any injuries. Even if injuries seem minor, a medical evaluation is essential for identifying and documenting any hidden injuries. Keep detailed records of all medical treatments and expenses related to the accident.
2. Gather Evidence
If possible, take photos of the accident scene, including vehicle damage, road conditions, and any debris. Obtain contact information and statements from any witnesses who saw the accident or the fleeing vehicle. Record any details you remember about the hit-and-run vehicle, such as make, model, color, and partial license plate numbers.
3. File a Police Report
Contact local law enforcement to file a police report as soon as possible. Provide them with all available information and cooperate with their investigation. Request a copy of the police report for your records and for use in your insurance and legal claims.
4. Notify Your Insurance Company
Inform your insurance company about the hit-and-run accident and provide them with all relevant information and documentation. Review your UM/UIM coverage limits and any other applicable policies to understand your coverage options.
5. Consult With an Attorney
Seek advice from a personal injury attorney experienced in handling hit-and-run cases. An attorney can help you work through the legal intricacies, assess your case, and pursue compensation. Your attorney can assist in gathering additional evidence, such as obtaining medical records and working with law enforcement to identify the at-fault driver.
Insurance Coverage and Compensation Options
1. Uninsured/Underinsured Motorist Coverage
UM/UIM coverage is a critical resource for victims of hit-and-run accidents:
Coverage Limits: UM/UIM coverage provides compensation for medical expenses, lost wages, pain and suffering, and other damages up to the policy limits.
Claim Process: To file a UM/UIM claim, you must demonstrate that the hit-and-run driver was at fault and that you've been unable to identify or locate them.
2. Collision Coverage
Collision coverage helps pay for repairs to your vehicle if it's damaged in a hit-and-run accident:
Deductibles: Collision coverage may have a deductible, which is the amount you pay out of pocket before the insurance company covers the rest.
Repair Costs: Collision coverage typically covers repair costs or the replacement value of your vehicle if it's totaled.
3. Comprehensive Coverage
Comprehensive coverage provides protection for non-collision-related damages, such as vandalism or theft:
Hit-and-Run Damage: While comprehensive coverage generally doesn't apply to hit-and-run accidents, it may cover damage caused by other non-collision incidents.
Coverage Limits: Review your comprehensive coverage policy to understand what is covered and any applicable deductibles.
Legal Challenges in Hit-and-Run Cases
1. Identifying the At-Fault Driver
One of the primary challenges in hit-and-run cases is identifying the driver responsible for the accident:
Law Enforcement Efforts: The police investigation may involve searching for witnesses, reviewing surveillance footage, and using physical evidence to locate the at-fault driver.
Tips and Leads: Provide any tips or leads to law enforcement that could assist in identifying the driver, such as partial license plate numbers or vehicle descriptions.
2. Proving Liability
If the at-fault driver is identified, you must prove liability to seek compensation:
Evidence of Negligence: Show that the driver’s actions were negligent or reckless, leading to the accident.
Causation: Demonstrate that the identified driver’s actions directly caused your injuries and damages.
3. Insurance Disputes
Disputes with insurance companies can arise regarding coverage and compensation:
Claim Denials: Insurance companies may deny or undervalue claims. Legal representation can help address these disputes and advocate for a fair settlement.
Negotiation: An attorney can assist in negotiating with insurance adjusters and confirming that all potential damages are accounted for.
Compensation for Hit-and-Run Accident Victims
1. Economic Damages
Compensation for an accident can include coverage for all medical expenses related to the incident, such as emergency care, hospitalization, surgery, and rehabilitation. It also encompasses reimbursement for lost wages resulting from the inability to work due to injuries sustained. Additionally, compensation may cover the cost of repairs or replacement for any damaged property, including your vehicle.
2. Non-Economic Damages
Compensation for a hit-and-run accident can include damages for pain and suffering, which addresses physical pain, emotional distress, and a diminished quality of life resulting from the injuries. It also covers the loss of enjoyment, compensating for the inability to partake in life’s activities and hobbies that were once enjoyable due to the impact of the injuries.
3. Punitive Damages
Punitive damages may be awarded in cases where the at-fault driver's behavior was especially egregious or malicious, serving to punish the wrongdoer and deter similar conduct. However, these damages are less common and are only available if it can be demonstrated that the driver acted with intentional misconduct or gross negligence.
Preventive Measures and Best Practices
For Drivers
Never drive under the influence of alcohol or drugs to avoid the risk of accidents and legal consequences. Make sure you have adequate insurance coverage, including UM/UIM coverage, to protect yourself in case of a hit-and-run or other accidents. Follow all traffic laws and practice safe driving to reduce the likelihood of accidents.
For Pedestrians
Remain vigilant and aware of your surroundings when crossing streets or walking near traffic. Cross streets at designated crosswalks and follow traffic signals to enhance safety. If you witness a hit-and-run accident, provide detailed information to law enforcement and assist with their investigation.
Contact a Hit-and-Run Attorney Today
Being involved in a hit-and-run accident in Colorado presents unique challenges, but you still have options for pursuing compensation and seeking justice. Understanding the legal framework, insurance coverage, and steps to take following a hit-and-run accident can help you work through the intricacies of your personal injury case.
By promptly reporting the accident, gathering evidence, notifying your insurance company, and consulting with an experienced personal injury attorney, you can better position yourself to pursue compensation for your injuries and damages. Addressing the legal and insurance aspects of a hit-and-run case with diligence and professional support can enhance your chances of achieving a favorable resolution and obtaining the compensation you deserve.
If you've been injured in a hit-and-run accident, I can help. Contact the Law Offices of Malcolm B. Seawell today to schedule a consultation. Our attorney serves clients in Denver, Colorado, and throughout the Denver Metro area, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch.