Steps To Take After A Hit-And-Run Accident

Hit-And-Run Accident Definition

Colorado law requires drivers to take the following steps after any motor vehicle accident that causes injury, death, or property damage:

• Stop at the accident scene
• Render aid to those injured
• Exchange information with the other driver, pedestrian, or cyclist
• Report the crash to the police
• Remain at the scene until the police arrive

However, failing to perform some of these steps doesn’t necessarily constitute a criminal hit-and-run. Colorado law defines a hit-and-run as a crash where the driver fails to stop, exchange information, and render aid. A driver who fails to report the collision or wait for the police commits a traffic violation, not a hit-and-run.

What To Do In A Hit-And-Run Accident​

Colorado uses a fault-based insurance system. Car owners buy liability insurance to protect the victims of their negligence. The state doesn’t require them to purchase insurance to protect themselves.

Victims face two risks when a driver fails to stop at the accident scene. First, without aid, they might suffer worse injuries or even death than they otherwise might have faced. Second, they can’t file insurance claims against the at-fault driver without their name, address, and insurance information.

Luckily, there are things victims can do to address these risks, including the following:

Call the Police

A hit-and-run can be both a medical emergency and a crime. Additionally, you must report all accidents that result in injury or death, even if the other driver runs. Thus, calling the police serves the following purposes:

• Getting the emergency medical care you may need
• Satisfying your legal duties under Colorado law
• Initiating a police investigation into the crash
• Documenting the collision for insurance purposes

The responding officers will manage the accident scene to ensure no further injuries or deaths occur. They’ll also call for ambulances if necessary. Finally, they’ll investigate the collision.

During the investigation, the officers will gather evidence and talk to witnesses, including you. Make it a point to cooperate, so they can get the most complete picture of what happened. Describe the vehicle and driver to the police. If possible, give them a license plate number. All of this information could help them to track down the driver.

The officers will prepare an incident report for your crash that summarizes the findings of their investigation. You can use this report to file insurance claims against any optional coverages you may have purchased.

Request Any Necessary Medical Attention

When you call the police, let them know if you need emergency medical care. Paramedics might need to treat serious injuries like temporary unconsciousness of a passenger, fractured bones, or severe bleeding to prevent them from getting worse.

After screening you and administering first aid, paramedics will ask if you want transportation to a hospital. If your injuries prevent you from leaving the scene without aid, consider having the ambulance take you to the emergency room. If you can drive yourself or get a ride without endangering your health, you can also choose to do so.

However, regardless of how you seek care, you should see a doctor promptly after your accident. Medical records will be critical to an insurance claim or hit-and-run lawsuit. These records serve to document the severity of your injuries and your resulting medical costs.

Review The Optional Insurance Coverage In Your Auto Policy

After addressing the urgent needs of your health and the police investigation, you can turn your attention to seeking compensation. Most accident victims can’t afford to wait for the police to solve their hit-and-run cases. Equally importantly, the hit-and-run driver might have left the scene because they didn’t have auto insurance.

You should review your auto insurance policy to determine whether you have any optional coverages that might apply to your hit-and-run car accident, including:

• Uninsured motorist (UIM)
• Collision
• Medical payments (MedPay)

Collision and MedPay are no-fault coverages.

The insurer will cover your property damage minus a deductible if you have collision coverage. Regardless of who caused the accident, they’ll pay this benefit, meaning it will cover hit-and-run crashes.

With MedPay coverage, the insurer will pay your medical expenses for crash-related injuries. Again, since it’s no-fault, it will apply to hit-and-run collisions.

UIM pays you when you get hit by an uninsured motorist. However, insurers define hit-and-run drivers as uninsured since they can’t identify their insurer. If you bought uninsured motorist coverage, it can cover your injury-related losses, including medical expenses and lost income. It can even pay for pain and suffering.

However, UIM is fault-based. To win a claim, you must prove the hit-and-run driver was negligent in causing your crash. Insurers can deny claims if you were at fault, even if the other driver fled.

Get Trustworthy Legal Help With Your Claim

The hit-and-run accident attorneys at Bachus & Schanker have the knowledge and experience to assist you in filing your insurance claim or lawsuit. If the at-fault driver is identified, we can help you take legal action against them. If not, we can negotiate with your insurer to secure fair compensation on your behalf. 

Working with a hit-and-run accident lawyer can make all the difference in the success of your case.

Citations:

Colorado Crash Data Dashboard. (2024).

Colo. Rev. Stat. § 42-4-1601. (2024).

Hit-and-Run Crashes: Prevalence, Contributing Factors and Countermeasures. (2018).

2023 Annual Report. (2024).

2023 Hit & Runs Investigated by the Patrol Outpacing 2022. (2023).