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Someone hit your car and drove away. Can you get compensated for your losses?
A hit-and-run is perhaps one of the most cowardly traffic violations. It occurs when someone hits your car and then leaves the scene without exchanging information or filing a police report. In Colorado, it’s illegal on multiple counts. But what do you do if you’re a victim of a hit-and-run? Does car insurance apply if you don’t know who the at-fault driver is? We’ll answer all of your questions and more regarding hit-and-runs in Colorado.
After an accident, stay in place until the police arrive; chasing a hit-and-run driver is dangerous.
In the best-case scenario with a hit-and-run, the police are able to identify the at-fault driver. Assuming that driver has liability insurance, your insurance provider would file a third-party claim for your damages and medical costs. But if you’re still not made whole, because Colorado is an at-fault state with modified comparative negligence law, you can sue for damages so long as you were less than 50 percent at fault in the collision.
Another option is to use your insurance coverages, such as the following.
If you never find out who hit you, using your own insurance will be the only option for receiving compensation.
Car insurance premiums can increase after an accident — sometimes even if it wasn’t your fault. Whenever you file a first-party claim, there’s a chance your premium will increase, even after a hit-and-run. The one exception is if you have an accident forgiveness policy.
But if the only claim you make is with the other person’s insurance company (third-party claim), your insurance premium will not be affected.
To find out just how common hit-and-runs are in the Centennial State, we analyzed data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System. But note that, for state-specific data, only data surrounding fatal car crashes is available; there is no data surrounding crashes with only property damage or injury.1
From 2011 to 2021 in Colorado, there were 299 fatal crashes involving hit-and-runs, representing 5 percent of all fatal crashes in the state. Year over year, there were 12 percent more fatal hit-and-runs, on average, or a total increase of 56 percent across this decade.
Year | Crashes involving a hit-and-run | Crashes not involving a hit-and-run | All fatal crashes | Percentage involving hit-and-runs |
---|---|---|---|---|
2011 | 18 | 389 | 407 | 4% |
2012 | 33 | 401 | 434 | 8% |
2013 | 15 | 417 | 432 | 3% |
2014 | 20 | 431 | 451 | 4% |
2015 | 24 | 483 | 507 | 5% |
2016 | 31 | 527 | 558 | 6% |
2017 | 28 | 572 | 600 | 5% |
2018 | 41 | 547 | 588 | 7% |
2019 | 29 | 516 | 545 | 5% |
2020 | 32 | 542 | 574 | 6% |
2021 | 28 | 610 | 638 | 4% |
Total | 299 | 5,435 | 5,734 | 5% |
Average | 27 | 494 | 521 | 5% |
Looking at the most recent data only, nearly half of all drivers involved in fatal hit-and-runs in Colorado in 2021 were driving under the influence of alcohol, with a blood alcohol concentration (BAC) of 0.08 percent or higher. No drivers were drowsy, 7 percent were distracted, and 9 percent were speeding.
Driver involvement | Number of drivers involved in fatal hit-and-runs in 2021 in Colorado | Percentage of total |
---|---|---|
Alcohol impairment (BAC of 0.08% or higher) | 22 | 48% |
Drowsy driver | 0 | 0% |
Distracted driver | 3 | 7% |
Speeding | 4 | 9% |
Total | 46 | N/A |
In Colorado in 2021, the plurality of drivers in fatal hit-and-runs whose ages were known were between 25 and 34 years old (38 percent). Eighteen percent were age 45 to 54.
Age group | Number of drivers involved in fatal hit-and-runs in Colorado in 2021 | Percentage of total known drivers |
---|---|---|
16-20 | 3 | 9% |
21-24 | 3 | 9% |
25-34 | 13 | 38% |
35-44 | 4 | 12% |
45-54 | 6 | 18% |
55-64 | 4 | 12% |
65-74 | 1 | 3% |
Unknown | 12 | N/A |
Total known | 34 | N/A |
Total | 46 | N/A |
Of the drivers whose sexes were known, men were driving in fatal hit-and-runs 76 percent of the time.
Sex | Number of drivers involved in fatal hit-and-runs in Colorado in 2021 | Percentage of total known drivers |
---|---|---|
Male | 26 | 76% |
Female | 8 | 24% |
Reported as unknown | 12 | N/A |
Total known | 34 | N/A |
Total | 46 | N/A |
In Colorado, it’s legal for insurance companies to base pricing on your sex, as men are statistically more likely to get into accidents and cost insurers more money.2
Technically, if you hit someone’s car, flee the scene, and don’t report the accident to the police, you’re committing two offenses: failure to stop and failure to report.
If you’re involved in an accident that causes injury, serious bodily injury (which we define below), or death, you must immediately stop at the scene or as close as possible to the scene. Then, Colorado law requires you to exchange the following information with the other driver and occupants, if any:
On top of that, you must provide “reasonable assistance,” helping any injured parties access medical treatment. Next, you must report the accident to the police immediately, provided it involved injury, serious injury, and/or death.3
But what happens if you hit a parked car, for example, and keep on driving? This is known as failure to stop. In that case, and any time you engage in a hit-and-run, you could be guilty of either a misdemeanor or a felony, depending on the consequences of the crash.
Consequences of hit-and-run in Colorado | Injury | Serious bodily injury | Death |
---|---|---|---|
Conviction | Class 1 misdemeanor | Class 4 felony | Class 3 felony |
License revocation | Yes | Yes | Yes |
Length of imprisonment | 10 days-1 year | 2-4 years | 4-8 years |
Fine | $300-$1,000 | $2,000-$500,000 | $3,000-$750,000 |
Restitution | Yes | May be required | May be required |
Community service | May be required | Only if you fail to pay fine | Only if you fail to pay fine |
Length of parole | None | 1 year | 1 year |
What’s the difference between injury and serious bodily injury? Unlike a regular injury, Colorado statutes define serious bodily injury as having, at the time of the actual injury or later, a substantial risk of:
Failure to report a car accident with any injuries or deaths to the police is a Class 2 misdemeanor in Colorado, punishable by 10 to 90 days of imprisonment, a fine of $150 to $300, or both. You may also be required to pay restitution or perform community service.4
Want to learn more about hit-and-runs? Read our in-depth hit-and-run report, which covers every state in the U.S. Even though it may seem like an easy way out, hit-and-runs aren’t just unethical; they’re also illegal and can result in fines, license revocations, and even imprisonment.
To convict a driver of a hit-and-run in Colorado, the prosecutor must provide evidence of the following:
Fatality and Injury Reporting System Tool (FIRST). National Highway Traffic Safety Administration. (2023).
https://cdan.dot.gov/query
Auto Insurance Premiums Report. Colorado Department of Regulatory Agencies. (2023).
http://www.dora.state.co.us/pls/real/Ins_Survey_Reports.Report_Selection_Criteria
2016 Colorado Revised Statutes Title 42 – Vehicles and Traffic Regulation of Vehicles and Traffic Article 4 – Regulation of Vehicles and Traffic Part 16 – Accidents and Accident Reports § 42-4-1603. Duty to give notice, information, and aid. JUSTIA US Law. (2016).
https://law.justia.com/codes/colorado/2016/title-42/regulation-of-vehicles-and-traffic/article-4/part-16/section-42-4-1603
Colo. Rev. Stat. § 42-4-1701. Casetext. (2023).
https://casetext.com/statute/colorado-revised-statutes/title-42-vehicles-and-traffic/