Who Pays for My Damages and Injuries in a Hit and Run Accident?
Request Free ConsultationWatching the taillights of the car that hit you fade into the distance is a moment of pure shock. In a split second, confusion turns into anger, and then into worry. You are left alone on the side of the road with a damaged vehicle, potential injuries, and a thousand questions about what happens next.
It feels deeply unfair that you are left to pick up the pieces while the responsible driver speeds away to avoid accountability. However, being the victim of a hit and run accident does not mean you are out of options or that you have to pay for everything out of pocket.
You have rights, and there are specific insurance avenues designed to protect you in this exact scenario. An experienced Denver car accident lawyer can help you uncover every available policy to ensure your recovery is funded, not ignored.
Essential Facts About Recovering Compensation After a Hit and Run
- Your own insurance steps in: In the absence of the other driver, your Uninsured Motorist (UM) coverage becomes the primary source of compensation for your injuries.
- MedPay provides immediate relief: Colorado law requires Medical Payments coverage to be offered on auto policies; this pays your initial medical bills regardless of who was at fault.
- Fleeing does not erase liability: If the driver is eventually caught, they face criminal charges and civil liability for the harm they caused you.
- You have three years to act: The statute of limitations for motor vehicle accidents in Colorado gives you three years to file a claim, but starting early helps preserve evidence.
Check Your Policy for Medical Payments (MedPay) Coverage After a Crash With an Uninsured Driver
When you are injured and staring at an ambulance bill or an emergency room invoice, you need immediate answers. The first line of defense in Colorado is often Medical Payments coverage, commonly known as MedPay.
Colorado law requires insurance companies to offer at least $5,000 in MedPay coverage on every auto policy. Unless you formally rejected this coverage in writing, you likely have it.
MedPay is unique because it is “no-fault” coverage. It kicks in immediately to pay for necessary medical or funeral expenses for you or your passengers. It does not matter that the other driver fled the scene; MedPay pays out simply because an accident occurred.
This coverage is vital because it can cover health insurance deductibles and copays. Using this coverage does not typically cause your premiums to increase because you were not the at-fault driver. Reviewing your policy declaration page is the first step to seeing how much immediate protection you have available.
Turn to Your Uninsured Motorist Coverage
The biggest fear victims have is that if the police never find the driver, there is no money for a settlement. Fortunately, this is rarely the case if you have standard auto insurance. In the eyes of the law and the insurance industry, a hit-and-run driver is treated exactly the same as a driver who stayed at the scene but had no insurance.
This means you can file a claim against your own Uninsured Motorist (UM) and Uninsured Motorist Property Damage (UMPD) coverage.
Uninsured Motorist coverage is designed to step into the shoes of the missing driver. It covers bodily injury, lost wages, and pain and suffering.
Since Colorado ranks in the top ten U.S. states for the number of uninsured drivers, UM coverage is essential. If you have it, your own insurance company acts as the “at-fault” party’s insurer. They are responsible for paying what the fleeing driver would have owed you, up to your policy limits.
However, this changes the dynamic of your relationship with your insurer. In these claims, your insurance company effectively becomes the opposition. They may try to minimize the payout to save money. This is where legal counsel becomes essential to ensure you are treated fairly by the company you have paid premiums to for years.
Investigating the Crash to Find the Driver
Just because the driver fled the scene does not mean they will get away with it. Police officers are often overworked and may close a hit-and-run case if there are no immediate leads. However, a private legal investigation can often uncover evidence that law enforcement missed.
Locating the at-fault driver is always the best-case scenario. It opens up their insurance policy for compensation and holds them accountable for their criminal decision to leave.
Evidence that reveals the truth
Experienced car accident lawyers look for digital footprints and physical evidence left by drivers.
- Surveillance footage: Businesses along major roads or cameras at intersections often capture the vehicle before or after the crash.
- Witness statements: Bystanders might have seen a partial license plate or a unique sticker on the car.
- Vehicle debris: Broken plastic or paint transfers left on your car can sometimes identify the make, model, and year of the fleeing vehicle.
- 911 logs: Other drivers may have called in a reckless driver in the area moments before your accident.
Even if the police have stopped looking, your attorney can continue to take steps after the hit and run to identify the perpetrator.
Pursuing the At-Fault Driver
If the driver is identified, the claim process shifts. You can now pursue a claim against their liability insurance, just as you would in a standard accident.
Because leaving the scene of an accident involving injury is a serious crime under Colorado Revised Statutes 42-4-1601, the driver will likely face criminal charges. While the criminal case is separate from your civil claim, a conviction can serve as powerful evidence of their negligence.
Furthermore, a driver who flees the scene demonstrates “willful and wanton” conduct. This may entitle you to seek punitive damages. These are additional financial penalties intended to punish the driver for their reckless behavior, on top of the standard compensation for your injuries.
What is Colorado’s Victim Compensation Program?
In some heartbreaking cases, the driver is never found, and the victim does not have UM coverage. When all other avenues are exhausted, you may be eligible for the Colorado Crime Victim Compensation (CVC) Program.
This program is a fund of last resort managed by each judicial district. It can help pay for medical bills, mental health counseling, and lost wages for victims of violent crimes, including vehicular crimes like hit-and-runs.
Limitations of the program
The CVC is not an insurance policy and has capped payout limits. It generally does not cover property damage or pain and suffering. It is intended to help victims stay afloat financially when no other resources exist. Application deadlines apply, so it is important to investigate this option quickly if you believe it is necessary.
How a Car Accident Lawyer Calculates Your Damages
To get a fair settlement, you must know what your case is actually worth. Insurance adjusters often try to resolve hit-and-run claims quickly with a lowball offer, hoping you are financially strained enough to settle for quick cash.
Accepting a check too early is often a costly mistake. Once you sign a release, you cannot go back for more money if your injuries turn out to be worse than you thought. A thorough evaluation of damages you can seek ensures every loss is accounted for.
Economic damages
These are the financial losses that come with a specific price tag.
- Medical expenses: This includes ambulance fees, emergency room visits, surgeries, and ongoing physical therapy.
- Lost income: Your lawyer accounts for the paychecks you missed while recovering, as well as used sick days or vacation time.
- Future earning capacity: If your injuries prevent you from returning to the same job, they calculate those future financial losses.
- Vehicle repair costs: This covers the repairs or the fair market value of your car if it was totaled.
Non-economic damages
Money cannot undo the accident, but it can acknowledge the human toll of the crash. The shock of being abandoned at the scene often makes the emotional recovery harder than a standard accident.
- Pain and suffering: Compensation for the physical discomfort and agony caused by your injuries.
- Emotional distress: This covers anxiety, depression, and the fear of getting back behind the wheel.
- Loss of enjoyment of life: If you can no longer hike, bike, or play with your children like you used to, you deserve to be compensated for that loss.
- Permanent impairment: Damages for any scarring, disfigurement, or long-term disability resulting from the crash.
Pursuing Property Damage Claims
While your health is the priority, getting your car fixed is essential for getting your life back on track. If you have collision coverage, your insurance will pay for repairs regardless of fault, minus your deductible.
If you do not have collision coverage but have UMPD (Uninsured Motorist Property Damage), this can also cover your vehicle repairs. In Colorado, UMPD usually has a lower deductible than standard collision coverage.
Sometimes, insurers delay authorized repairs or undervalue your total-loss vehicle. If you were injured by a negligent uninsured driver, your attorney can include property damages in the compensation you seek through a personal injury claim or lawsuit.
What Happens if You Share Fault for the Accident?
Colorado follows a modified comparative negligence rule, which means you can still recover damages as long as you were less than 50% at fault for the accident.
In hit-and-run cases, the fleeing driver is almost always considered primarily at fault. However, insurance companies may still try to argue that you contributed to the crash—perhaps by speeding or changing lanes improperly—to reduce what they have to pay.
For example, if you are found 20% at fault for the accident, your compensation will be reduced by 20%. An experienced car accident lawyer will fight against unfair assessments to preserve the full value of your claim.
Hit and Run Pedestrian and Cyclist Cases
Hit-and-run accidents frequently involve pedestrians and cyclists, particularly in busy urban areas like Downtown Denver or Capitol Hill. These victims are incredibly vulnerable and often suffer catastrophic injuries.
If you were hit while walking or biking, you can still access auto insurance coverage. Does car insurance cover bicycle accidents? Generally, yes. You can file a claim against the driver’s insurance if they are caught. If not, your own auto insurance policy’s UM/UIM coverage usually covers you even when you are not in your car. If you do not have a car, you may be covered under a policy held by a resident relative you live with.
Leverage Legal Support for Your Car Accident Claim
Many people wonder whether they need a car accident lawyer when dealing only with their own insurance company. The answer is often yes.
Even your own insurance provider is a business focused on profits. When you file a significant UM claim, their goal is to limit their financial exposure. They may delay the investigation, question the severity of your injuries, or argue that the accident didn’t happen the way you described.
Having an attorney ensures you and your claim are treated fairly from the start. They manage the paperwork, handle the phone calls and the negotiations, and do everything within their limits to secure maximum compensation for you.
Frequently Asked Questions About Hit and Run Claims
Will my insurance rates go up if I file a claim?
In Colorado, insurance companies are generally prohibited from raising your premiums for an accident that was not your fault. Since a hit-and-run is caused by another driver’s negligence, filing a UM or MedPay claim should not result in a rate hike. However, you should review your specific policy terms or ask your agent for clarification.
How long do I have to file a lawsuit?
The general statute of limitations for motor vehicle accidents in Colorado is three years from the date of the crash. This applies to lawsuits against the at-fault driver and often to claims against your own UM policy. However, waiting is risky. Evidence disappears, and witnesses move away. It is best to start the process as soon as possible.
Do I need a police report to file an insurance claim?
Yes, most insurance policies require a police report to process a hit-and-run claim. The report serves as official documentation that the incident occurred and was a crime, rather than a single-vehicle accident where you hit a stationary object. Always call the police immediately after a crash, even if the other driver is gone.
Can I stack insurance policies in Colorado?
“Stacking” refers to combining coverage limits from multiple vehicles or policies to increase your total available compensation. Historically, Colorado law limited stacking. However, recent changes in the law have made it easier for policyholders to stack UM/UIM coverage in certain situations. An attorney can review your specific policies to see if stacking applies to your case.
What if I was hit by an uninsured driver who stayed at the scene?
If the driver stays but has no insurance, the process is very similar to a hit-and-run. You will primarily rely on your own Uninsured Motorist (UM) coverage. The main difference is that you have a known identity, which makes it easier to verify that they lack insurance. You can also theoretically sue them personally, though uninsured drivers often lack the assets to pay a judgment.
We Fight for Justice In Difficult Hit and Run Cases
At Fuicelli & Lee, we believe that a reckless driver’s actions should not define your future. When someone refuses to take responsibility for injuring you, we work tirelessly to put the system to work for you.
Our team of results-driven personal injury attorneys has successfully resolved countless complex car accident cases across the Front Range, and we’re ready to help you, too. Call us today or contact us online for a free consultation. Let us handle the investigation and the insurance companies so you can focus on what matters most: your recovery.
We work on a contingency fee basis, so you pay nothing for our services unless we obtain compensation for you.