Being involved in a hit-and-run accident can be a traumatic and frustrating experience. Not only do you have to deal with the physical and emotional aftermath of the crash, but you’re also left wondering about your legal options, especially when the driver responsible for the collision flees the scene. If you find yourself in this situation in Colorado, you might be asking, “Can I sue a hit-and-run driver?” The answer is yes, but it can be a bit more complicated than a typical car accident case. Let’s explore the legal options available to you.
Colorado Law and Hit-and-Run Accidents
In Colorado, fleeing the scene of an accident is illegal. Colorado law requires that drivers involved in an accident stop and exchange information, including providing aid if necessary. Failure to do so can result in criminal charges for the hit-and-run driver, ranging from misdemeanors to felonies, depending on the severity of the incident. However, criminal charges are separate from any civil action you might pursue. Even if the hit-and-run driver is prosecuted, it doesn’t necessarily result in compensation for your injuries and damages. This is where suing the driver comes into play.
Finding the Driver
To successfully sue a hit-and-run driver, the first hurdle is identifying and locating the person responsible. After a hit-and-run, it’s crucial to gather as much information as possible, such as the vehicle’s make, model, color, and license plate number, if you can. Witness statements, traffic camera footage, and police reports can also aid in identifying the driver. Colorado law enforcement agencies will investigate the incident, but sometimes, despite best efforts, the hit-and-run driver remains unidentified.
Suing the Driver for Damages
If the hit-and-run driver is identified, you can file a personal injury lawsuit against them. In Colorado, you can sue for various damages, including medical expenses, lost wages, property damage, and pain and suffering. A lawsuit can help recover these costs, especially if the driver is insured or has assets that can be used to pay a settlement or judgment.
However, suing the driver doesn’t guarantee payment. If the driver is uninsured or has insufficient assets, collecting on a judgment can be difficult. This is why it’s important to explore other avenues of compensation, particularly through your own insurance policy.
Uninsured Motorist (UM) Coverage in Colorado
In Colorado, all auto insurance policies are required to include uninsured motorist (UM) coverage unless you specifically reject it in writing. UM coverage can provide compensation for your injuries and damages if the hit-and-run driver is never found or is uninsured. This means that even if the driver responsible for the accident cannot be located, you still have an avenue to recover your losses.
After a hit-and-run accident, you should file a claim with your insurance company under your UM coverage. Your insurer will then step into the shoes of the at-fault driver, up to the limits of your policy, to cover your medical expenses, lost wages, and other damages.
Consulting an Attorney
Given the complexity of hit-and-run cases, it’s advisable to consult with an experienced personal injury attorney in Colorado. They can help navigate the legal process, identify the hit-and-run driver if possible, and negotiate with your insurance company to ensure you receive fair compensation.
In conclusion, while suing a hit-and-run driver in Colorado is possible, the feasibility of a successful outcome largely depends on identifying the driver and their ability to pay for damages. Utilizing your uninsured motorist coverage can be a crucial fallback to secure the compensation you deserve.
