The recent hit-and-run crash that seriously injured a pedestrian on 40th Street is a stark reminder of a dangerous and growing trend on Colorado’s roads. This incident is not an isolated event but part of a larger crisis. In 2025, Denver experienced its highest number of traffic fatalities in a decade, with 93 deaths reported. While law enforcement diligently investigates these crimes, victims and their families are often left confused, facing mounting medical bills, lost income, and profound uncertainty. With 16,061 car accidents occurring in Denver in 2025, understanding your rights after a driver flees the scene isn’t just helpful—it’s essential for your recovery. The moments after a hit-and-run are chaotic, but a clear understanding of your insurance and legal pathways is the first step toward regaining control. This guide breaks down the critical options available to victims in Colorado, even when the driver is never found.
What to Do in the First Hours After a Hit-and-Run
The actions you take immediately following a hit-and-run accident can significantly impact both your physical recovery and your ability to secure financial compensation. It is a period where priorities must be clear: ensure your safety, seek medical care, and preserve every piece of available evidence.
Prioritize Safety and Medical Attention
Your priority is your well-being. Dial 911 right away to report what happened and ask for emergency medical help. If you are able, move your vehicle out of traffic to a safe location to prevent further collisions. It is critical to be evaluated by a medical professional, even if you believe your injuries are minor. Adrenaline can mask pain, and some serious conditions, such as traumatic brain injuries or internal bleeding, may not present symptoms until hours or even days later. A medical record from the day of the accident creates an official link between the crash and your injuries, which is vital for any subsequent insurance claim or legal action.
Document Everything: Gathering Critical Evidence
The evidence you collect at the scene is crucial for both insurance claims and any potential legal case. While waiting for emergency services to arrive, document as much as you can, provided it is safe to do so.
- Record Vehicle Details: Note any information you can recall about the fleeing vehicle—make, model, color, license plate number (even a partial one), and any distinguishing features like bumper stickers, roof racks, or visible damage.
- Capture the Scene: Use your smartphone to take extensive photos and videos. Document the accident location, damage to your vehicle, any debris left behind from the other car, skid marks, road conditions, and your physical injuries.
- Identify Witnesses: Ask anyone who witnessed the crash for their name and contact information. As seen in several recent Aurora cases, witness testimony can be instrumental in helping police locate a suspect and can provide a third-party account of how the accident occurred.
- File an Official Police Report: Cooperate fully with the responding officers. A police report is non-negotiable; it creates the official record of the incident that insurance companies require to process a hit-and-run claim. Provide the officer with all the details you have gathered.
The Importance of a Prompt Police Report
Filing a police report promptly triggers the official criminal investigation. Authorities like the Colorado State Patrol often rely on this initial report and subsequent public tips to solve these cases. For instance, in an ongoing investigation in Security-Widefield where a pedestrian was struck, authorities have continued to seek public assistance for over a month in their search for the driver. A timely report provides investigators with the freshest evidence and the best chance of holding the responsible driver accountable under Colorado’s hit-and-run laws.
How Your Own Insurance Policy Becomes Your Primary Resource
When the at-fault driver is nowhere to be found, many victims assume they are out of options for covering their expenses. However, the most critical financial resource in a hit-and-run scenario is often your own auto insurance policy, specifically through a provision known as uninsured motorist coverage.
Understanding Uninsured Motorist (UM) Coverage in Colorado
Uninsured motorist coverage (UM/UIM) is a portion of your own auto insurance policy designed to protect you if you are hit by a driver who has no insurance or, in the case of a hit-and-run, cannot be identified. For insurance purposes, a hit-and-run driver is treated as an uninsured “phantom driver.” This crucial designation allows you to file a claim against your *own* policy to cover damages, including medical expenses, lost wages, and other related costs, just as you would against the at-fault driver’s insurance if they had been identified and remained at the scene.
The UM Claim Process vs. a Standard At-Fault Claim
Filing a UM claim is fundamentally different from a standard third-party claim. It can become an adversarial process where your own insurance provider steps into the shoes of the at-fault driver’s insurer. While they are your provider, their primary goal remains to minimize their financial payout. This creates a potential conflict of interest that victims must be prepared to navigate.
| Feature | Uninsured Motorist (UM) Claim | Claim Against an Identified At-Fault Driver |
| Who Pays? | Your own insurance company, up to your UM policy limits. | The other driver’s liability insurance company. |
| When It Applies | The at-fault driver is uninsured or cannot be identified (hit-and-run). | The responsible driver has been identified and carries adequate insurance coverage. |
| Primary Challenge | Proving the “phantom driver” was at fault and documenting your damages to your own insurer, who may dispute the claim’s value. | The at-fault driver’s policy limits may be too low to cover all of your expenses, requiring an Underinsured Motorist (UIM) claim. |
| Legal Standing | Your claim is a first-party claim against your own insurance provider. | Your claim is a third-party claim against someone else’s insurer. |
Maximizing Your Policy Benefits
To fully utilize your policy, you must first understand its limits. Review your insurance declaration page to confirm your UM/UIM coverage amounts. This coverage typically pays for economic damages like medical bills and lost wages, as well as non-economic damages such as pain and suffering. Thoroughly documenting all your expenses and the full impact of your injuries is essential to building a strong claim and ensuring you receive the maximum benefits you are entitled to under your policy.
Holding a Driver Accountable: Criminal Charges and Civil Liability
When a hit-and-run driver is identified, the justice system proceeds along two distinct and parallel tracks: the criminal case prosecuted by the state and the civil claim for damages pursued by the victim. Understanding the difference between these two paths is essential for managing expectations and securing full recovery.
The Criminal Case: When the Perpetrator is Caught
Leaving the scene of an accident involving injury is a serious felony in Colorado, punishable by significant fines and potential prison time. The criminal prosecution is handled by the District Attorney’s office on behalf of the state, not the victim. The goal is to punish the wrongdoer for breaking the law. A recent arrest in a fatal hit-and-run crash in Aurora illustrates this process, where police located and arrested the suspect who fled the scene. A conviction in criminal court leads to penalties like jail time and probation, but it does not automatically provide financial compensation to the victim beyond potential court-ordered restitution, which often covers only a fraction of the total losses.
The Civil Case: Your Path to Financial Compensation
A civil claim is a separate, private legal action initiated by the victim to recover financial damages. This process focuses on making the victim “whole” again financially. The standard for proving fault is lower than in a criminal case, and the objective is to secure compensation for all losses, including medical bills, lost income, property damage, and pain and suffering. A civil claim aims to recover costs for medical bills, lost wages, and pain and suffering. This process is complex, involving strict deadlines and negotiations with insurance companies. Navigating these details while recovering from an injury can be overwhelming. Seeking guidance from an experienced car accident law firm in Denver can be a critical step in ensuring your rights are protected and that you receive the full compensation you are entitled to.
What Happens if the Driver Is Never Found?
Even if an extensive police investigation, like the one for the I-25 crash in Pueblo, fails to identify the driver, victims are not left without options. In these common scenarios, the path to civil liability pivots entirely to the uninsured motorist claim against your own insurance policy. This becomes the primary and most critical avenue for financial recovery. Your ability to receive compensation for your injuries and losses hinges on successfully navigating the UM claim process. It underscores the importance of having adequate UM coverage and understanding how to pursue that claim effectively.
Charting Your Path to Recovery After a Hit-and-Run
A hit-and-run crash is a deeply unsettling event that can leave victims feeling powerless and vulnerable. However, the immediate aftermath is a critical time for action. By prioritizing safety, meticulously documenting evidence, and filing a prompt police report, you build the foundation for your recovery. It is vital to remember that your own auto insurance policy, specifically your uninsured motorist coverage, serves as your most important financial lifeline when the at-fault driver remains unknown. Recognizing the distinct paths of the state’s criminal case and your personal civil claim for compensation allows you to focus your energy where it matters most for your financial well-being. Colorado law and insurance regulations provide specific avenues for recovery, and knowing these options is the first step in reclaiming control and focusing on healing.
