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Being injured in a car accident is difficult enough without discovering that the responsible driver has fled the scene. Hit-and-run accidents can leave victims facing medical expenses, lost wages, vehicle repairs, and uncertainty about how they will recover compensation when the other driver cannot be identified.
Fortunately, Colorado law provides several potential options for individuals injured in hit-and-run collisions. Depending on the circumstances, victims may be able to pursue compensation through uninsured motorist coverage, other available insurance benefits, or a personal injury claim if the responsible driver is located.
For individuals injured in Denver, understanding these options can help protect their financial interests and prevent an unidentified driver from becoming an unnecessary obstacle to recovery.
Colorado law requires drivers involved in qualifying traffic accidents to stop and fulfill certain legal responsibilities.
Under Colorado Revised Statutes Sections 42-4-1601 and 42-4-1603, drivers involved in accidents causing injury or death generally must remain at the scene, provide identifying information, and render reasonable assistance when necessary.
Leaving the scene of an injury accident can result in serious criminal charges.
However, the criminal investigation and an injured person's right to seek financial compensation are separate matters.
Even when police cannot immediately locate the fleeing driver, the victim may still have insurance coverage available to help pay for accident-related losses.
Yes. In many circumstances, injured Denver motorists can pursue compensation even when the responsible driver remains unidentified.
One of the most important potential sources of recovery is uninsured motorist coverage.
Colorado generally requires automobile insurers to offer uninsured and underinsured motorist coverage, although policyholders may reject this protection in writing.
When a driver causes an accident and cannot be identified, the injured person's uninsured motorist coverage may provide compensation for qualifying bodily injuries.
For example, suppose a Denver resident is struck by another vehicle near an intersection, and the responsible driver leaves before anyone can record their license plate.
If the victim suffers serious injuries and has applicable uninsured motorist coverage, they may be able to pursue compensation through their own insurance policy.
However, coverage depends on the policy, the circumstances of the accident, and applicable Colorado law.
Our Denver car accident attorneys can review available insurance coverage and help injured individuals understand their potential recovery options.
Uninsured motorist coverage is designed to protect insured individuals when they are injured by drivers who lack applicable liability insurance or qualify as uninsured under Colorado law.
In certain hit-and-run situations, an unidentified driver may be treated as uninsured for purposes of bodily injury coverage.
Depending on the circumstances and available policy limits, compensation may include:
Unlike liability coverage, which generally pays qualifying claims made against the insured driver, uninsured motorist coverage can provide protection to the policyholder and other covered individuals.
Importantly, uninsured motorist bodily injury coverage does not automatically pay for damage to your vehicle.
Vehicle repairs may instead be covered under collision insurance or another applicable policy provision.
Recovering compensation may be more difficult when the responsible driver cannot be located and the injured person lacks uninsured motorist coverage.
However, other insurance benefits may still be available.
For example, medical payments coverage, commonly called MedPay, may help cover certain accident-related medical expenses.
Colorado generally requires automobile insurers to offer MedPay coverage unless the policyholder rejects it in writing.
Collision coverage may also help pay for vehicle damage, subject to applicable deductibles and policy terms.
Health insurance may provide additional assistance with medical treatment.
However, these coverages serve different purposes and may not compensate victims for every loss associated with a serious accident.
An attorney can evaluate the available policies and determine which benefits may apply.
If authorities identify the responsible driver, an injured person may be able to pursue compensation through that driver's liability insurance.
Colorado follows an at-fault automobile insurance system, meaning a driver whose negligence causes an accident may be legally responsible for resulting damages.
If the identified driver lacks insurance or has insufficient coverage, uninsured or underinsured motorist benefits may remain relevant.
In some circumstances, the injured person may also pursue a personal injury lawsuit.
However, identifying the fleeing driver does not automatically establish liability.
Evidence must still demonstrate that the driver acted negligently and caused the accident.
Police reports, surveillance recordings, witness statements, and physical evidence may help establish responsibility.
The steps taken after a hit-and-run collision can significantly affect your health and potential insurance claim.
If you are involved in a hit-and-run accident in Denver, consider the following:
Do not attempt to chase a fleeing driver, particularly if doing so would create additional danger.
Instead, provide police with any identifying information you remember, including the vehicle's color, make, model, license plate details, or direction of travel.
Nearby businesses and traffic cameras may also have recorded the incident.
Because some surveillance recordings are automatically deleted, preserving relevant footage promptly can be important.
The compensation available depends on the injuries, applicable insurance coverage, and whether the responsible driver can be identified.
Potential damages in a personal injury claim may include medical expenses, lost income, future treatment costs, diminished earning capacity, and pain and suffering.
For example, a Denver driver who suffers a serious spinal injury may require surgery, rehabilitation, and substantial time away from work.
The resulting financial losses may extend far beyond the initial emergency room bill.
Insurance policy limits and other applicable restrictions can affect the amount recoverable.
It is important to evaluate both immediate expenses and anticipated future losses before accepting a final settlement.
Colorado follows a modified comparative negligence system.
Under Colorado Revised Statutes Section 13-21-111, an injured person may generally recover damages when their negligence is less than the negligence of the party or parties against whom recovery is sought.
However, compensation may be reduced according to the injured person's percentage of fault.
For example, if a driver is found 20 percent responsible for a collision involving $100,000 in damages, the recoverable amount may be reduced to $80,000.
Different legal considerations may apply when the dispute involves contractual uninsured motorist benefits.
An attorney can evaluate how allegations of comparative negligence may affect the claim.
Colorado generally establishes a three-year statute of limitations for many motor vehicle accident injury claims under Colorado Revised Statutes Section 13-80-101.
However, uninsured motorist claims may involve different statutory rules and deadlines, depending on the circumstances.
Insurance policies may also require prompt notice of an accident or claim.
Because different deadlines can apply to different types of recovery, injured individuals should not assume that every hit-and-run claim follows the same filing period.
Seeking legal guidance promptly can help preserve evidence and prevent important deadlines from being missed.
A hit-and-run accident can create serious financial uncertainty, particularly when the responsible driver cannot be identified. However, uninsured motorist coverage and other insurance benefits may provide opportunities to recover compensation for qualifying losses.
At Walker Law, we represent individuals injured in car accidents throughout Denver and surrounding Colorado communities. Our team can investigate hit-and-run collisions, review available insurance coverage, and help injured clients pursue compensation for their medical expenses, lost income, and other damages.
If you or a loved one has been injured by a driver who fled the scene, contact Walker Law to discuss your situation and learn how we may be able to help.
