Who Pays for Your Injuries After a Colorado Hit-and-Run Accident?

After a typical car accident, an injured person can identify the other driver and pursue compensation from the appropriate insurance company. A hit-and-run accident creates an immediate problem: what happens when the driver who caused the crash leaves before you can obtain their name or insurance information?

Fortunately, being unable to identify the at-fault driver does not necessarily mean you have no way to recover compensation. Depending on your insurance coverage and the circumstances of the collision, your own auto policy may provide an important source of recovery.

For Colorado drivers injured in a hit-and-run crash, understanding the available insurance coverage can make a significant difference in what happens next.

What Is Considered a Hit-and-Run Accident in Colorado?

Colorado law requires a driver involved in an accident to stop and fulfill certain legal obligations. Those responsibilities can include providing identifying and insurance information and, in accidents involving injuries, providing reasonable assistance to injured people.

A hit-and-run occurs when a driver leaves an accident scene without fulfilling the applicable legal requirements.

These crashes can take many forms. A driver might strike another vehicle and immediately speed away, or a motorist may initially stop before leaving without providing the required information.

Hit-and-run accidents can involve:

When a driver disappears, identifying available insurance coverage becomes a priority for the injured person.

Who Pays if the Hit-and-Run Driver Is Never Found?

One potential source of compensation is uninsured motorist coverage, commonly called UM coverage.

Colorado law generally requires auto insurers to offer uninsured and underinsured motorist coverage unless the named insured rejects it in writing. Uninsured motorist coverage can apply when the person legally responsible for an accident does not have applicable liability insurance.

Colorado law also treats certain unknown drivers as uninsured motorists for purposes of this coverage.

That can make UM insurance particularly important after a hit-and-run accident.

Instead of pursuing the unknown driver's insurer, you may be able to make a claim under your own policy. Our Colorado vehicle accident attorneys can review the applicable policies and determine what coverage may be available after a hit-and-run collision.

What Can Uninsured Motorist Coverage Pay For?

A UM claim can potentially provide compensation for damages that the at-fault driver would have been legally responsible for if that person had remained at the scene and had applicable insurance.

Depending on the injuries and policy involved, damages may include compensation for:

The amount available will depend on factors such as the severity of the injuries, applicable insurance limits, liability, and the evidence supporting the damages.

A UM claim is not necessarily limited to the immediate emergency room bill. Serious injuries can have financial and personal consequences that continue well after the accident.

What if Police Eventually Find the Driver?

Sometimes a hit-and-run driver is identified after an investigation.

Police may locate a vehicle using witness descriptions, surveillance video, license plate information, physical evidence, or tips from the public. An injured person may then learn whether the driver has liability insurance.

If the driver is insured, a claim may potentially be made against the driver's liability coverage.

However, identifying the driver does not guarantee that sufficient insurance exists. The driver may be uninsured or may have policy limits that are too low to cover the full extent of the injuries.

In those situations, your own uninsured or underinsured motorist coverage may still become important.

The existence of multiple potential insurance sources is one reason it is useful to investigate coverage rather than assuming there is only one possible claim.

What Should You Do Immediately After a Hit-and-Run?

The minutes following a hit-and-run can be confusing, particularly if you are injured. Your safety should come first.

If possible, call law enforcement and report the accident. Provide as much information as you can remember about the fleeing vehicle and driver.

Useful details may include:

Do not put yourself or others in danger by chasing the fleeing driver.

You should also obtain medical attention when necessary. Some accident injuries are not immediately obvious, and medical records can later become important evidence documenting the nature and timing of your injuries.

What Evidence Can Help After a Colorado Hit-and-Run?

Evidence can disappear quickly after a crash. Gathering information early can improve the chances of identifying the responsible driver and help support an insurance claim even if the driver is never found.

Potential evidence includes:

Businesses, homes, apartment buildings, and other properties near the accident scene may have cameras that recorded the crash or the fleeing vehicle.

Those recordings are not necessarily preserved indefinitely. Prompt investigation can therefore be important.

Will Your Insurance Company Automatically Pay a UM Claim?

Having uninsured motorist coverage does not mean every claim will be paid automatically or at the amount requested.

Even though the claim involves your own insurance policy, the insurer may still investigate liability, coverage, injuries, medical treatment, and damages.

The company may question whether the accident occurred as reported, whether another vehicle caused it, whether particular medical treatment was necessary, or how much compensation should be paid.

This can surprise accident victims who assume their own insurance carrier will simply take their side.

A UM claim is still an insurance claim. Documentation and evidence matter.

What if You Were a Passenger During the Hit-and-Run?

Passengers injured in hit-and-run accidents may also have potential sources of insurance coverage.

The analysis can depend on the vehicle involved, the passenger's own insurance coverage, household policies, and other facts.

A passenger should not assume that the inability to identify the fleeing driver means no insurance is available.

Determining coverage may require reviewing more than one policy. This is particularly important when injuries are serious and medical expenses or lost wages are substantial.

Can You Recover if the Hit-and-Run Driver Had No Contact With Your Vehicle?

Not every hit-and-run crash involves one vehicle physically striking another.

For example, a reckless driver could force another motorist off the road and then leave the scene without the vehicles ever making contact.

Colorado law contains specific provisions addressing uninsured motorist claims involving an unknown driver where there was no physical contact. Corroborating evidence can become particularly important in these cases.

That makes witness information, video, physical evidence, and prompt reporting especially valuable when a phantom vehicle causes a crash without making contact.

How Long Do You Have to Make a Hit-and-Run Claim?

Accident and insurance claims are subject to deadlines, but the applicable deadline can depend on the type of claim and circumstances.

Colorado law contains specific limitations provisions for uninsured and underinsured motorist claims. Other deadlines may apply to claims against an identified driver.

Insurance policies may also contain notice and cooperation requirements.

For these reasons, it is risky to wait until medical treatment is complete or until the police investigation has been closed before investigating your legal options.

Taking action early also makes it easier to preserve evidence that may help identify the driver.

Talk With a Colorado Hit-and-Run Accident Attorney

A driver fleeing the scene can make a car accident claim more complicated, but it does not necessarily eliminate your ability to recover compensation. Uninsured motorist coverage, an identified driver's liability insurance, and other applicable policies may provide potential sources of recovery.

If you are dealing with injuries after a Colorado hit-and-run accident, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.