Getting hit by a car is scary, and it’s worse if the other driver flees the scene. Hit-and-run accidents are an unfortunate reality in Colorado, and they’re increasing at an alarming rate. The Colorado State Patrol witnessed a 22% increase in these accidents in the first quarter of 2023.
If you are in this situation as a victim, know that you’ve legal rights. You can file a claim to recover damages for your injuries, property loss, and even emotional pain and suffering. With the help of a competent car accident lawyer in Colorado, you can fight for your rights.
Let’s take a look at your rights as a victim and reporting best practices.
What is a Hit-and-Run Car Accident?
A hit-and-run occurs when a driver hits another car, a person, or property and does not stop. The law says you must stop if there is a crash. You must give your name, address, and insurance. If someone runs away after a crash, it can be considered either a misdemeanor or a felony in Colorado, depending on the severity of the accident.
Here are a few examples of hit-and-runs:
- Rear-end collisions where the driver flees.
- Side-swipes in traffic or on highways.
- Drivers hitting parked cars and leaving without notice.
- Pedestrian or cyclist strikes where the driver speeds off.
Every driver has their reasons to flee a crash. Sometimes, the driver:
- Might not have insurance.
- Could be drunk or high.
- May have a warrant or fear jail.
- Wants to avoid paying damages.
None of these excuses justify running away from a crash, and the law protects people hurt in hit-and-run car accidents. The sooner you speak with a lawyer, the better.
Your Rights as a Hit-and-Run Accident Victim
If you are hurt in a hit-and-run accident, you may feel scared and alone. The driver may’ve left the scene, but what you do next can help you get the desired compensation. Most importantly, taking the right steps will help you stay safe.
Here’s what you should know:
1. File a Police Report
Always call the police after a hit-and-run, and file a report. This report protects you and is a key piece of evidence should your case go to trial. You’ll also need it for insurance. Give the police all the details you remember, which helps them look for the driver, and you’ll get proof for your claim.
2. Get Medical Help and Keep Records
You’ll naturally call 911 if you or anyone else is injured or in need of immediate medical help. However, even if you feel okay or it’s just minor scratches, see a doctor immediately after the crash.
Sometimes car accident injuries, like whiplash, show up hours or days later. So, get the treatment and save all your medical records, doctor notes, and bills. These records prove your injuries for insurance or court.
3. File an Insurance Claim
Most drivers in Colorado have uninsured motorist coverage (UM/UIM). That means your insurance can help pay for injuries if the other driver is not found. You can also use your own collision coverage to fix your car. Just make sure to report the accident quickly.
4. Get Legal Help Immediately
Speak with a car accident attorney in Colorado immediately. They know your rights and can protect you. Once you hire a lawyer, let them talk to the police and deal with your insurance company. They’ll make sure you get the compensation you deserve.
Best Practices for Reporting Hit-and-Run Car Accidents
Be careful when you report the hit-and-run car accident. Take all the necessary precautions to keep yourself safe and avoid accepting fault when doing so.
Here’s how:
1. Stay Calm and Safe
Check everyone involved in the crash for injuries. Move your car if it’s safe, and get to the side of the road. If you can’t move the car, turn on the blinkers so other drivers can see it and pass by safely.
2. Call 911
Call 911 and get medical attention immediately. Also, report the accident to the police and tell them everything. Give your location, give a description of the other car or driver if you can. Don’t lie or exaggerate when reporting the accident.
3. Take Notes and Gather Evidence
Be sure to write down:
- The make, model, and color of the other car
- License plate number (even part of it)
- Where and when it happened
- What direction the other car went
If there are witnesses, get their names and numbers. Take pictures of the damage, the road, and anything else important.
4. File a Police Report
Once the police arrive on the scene, they’ll write a report. Cooperate with them and ask for a copy of the report. You need this for your insurance and your case.
5. Inform Your Insurance Company
Inform your insurance provider as soon as possible, but it’s better to hire a lawyer and let them deal with the insurer. Your Colorado car accident lawyer can handle all communication, including sending them the police report, photos, and your notes.
Insurance companies typically make a lowball offer or try to deny claims. However, allowing your lawyer to handle your negotiations can make a huge difference. They know how to deal with the tricks insurance companies play.
What If the At-Fault Driver is Never Found?
While there’s no recent data available, the fleeing drivers involved in hit-and-run car accidents are rarely caught. But even if that happens, you’ll still be able to recover damages and the cost of your medical bills.
You can use your own uninsured motorist coverage. In Colorado, this is standard on most insurance plans unless you opt out. This coverage pays for injuries, and sometimes for damages to your car too.
Injured in A Hit-and-Run Accident? Let’s Talk!
Hit-and-run car accidents can upend your life, but you have rights as a victim. Knowing what to do right after a crash will help you protect yourself and your family. That involves getting medical help, reporting the accident, and consulting a Colorado car accident lawyer. Your lawyer can explain your rights, help with insurance, and push for what you deserve.
That’s where Manning Herington Accident & Injury Attorneys come in. We handle all types of car crash injury claims, including hit-and-run accidents. Tell us what your case is, and we’ll help you recover the compensation you deserve.
Call 720-649-4747 or get in touch online to discuss your case now!