Leaving the scene of an accident is considered a hit-and-run. Following the incident, the party that left the scene could face criminal charges, denial of their auto insurance coverage, and civil liability.
What Happens If a Motorist Causes a Car Accident and Leaves the Scene?
A motorist who causes a car accident and leaves the scene can trigger a hit-and-run investigation. Law enforcement may conduct an investigation to identify this driver. If the driver is found, they could be subject to any of the following:
Criminal Charges
In Colorado, motorists are required to comply with hit-and-run laws defined by Colorado Revised Statutes (C.R.S.) § 42-4-1601 and § 42-4-1602.
Per C.R.S. § 42-4-1601, if a motorist is involved in a traffic injury that results in an injury or death, they are required by law to stop, stay at the scene, and fulfill various reporting and assistance obligations. Failure to comply with this statute can result in misdemeanor or felony charges. Those convicted of these charges may have to deal with jail or prison time, fines, and other penalties.
Comparatively, C.R.S. § 42-4-1602 governs a hit-and-run and leaving the scene of a car accident that only involves property damage. In accordance with this statute, a driver must do the following after a car crash:
- Stop their vehicle immediately at the scene and without obstructing traffic.
- Provide their name, address, and vehicle registration number to the other driver or property owner.
- Report the accident to the police.
Violating this statute can result in a class 2 misdemeanor traffic offense, with penalties that can include jail time, fines, and adding 12 points to your driver’s license.
Car Insurance Penalties
If a motorist crashes their car into another vehicle and flees the scene, they may void their auto insurance policy. At this point, their insurance company may refuse to cover the costs of their legal defense or damages caused during the accident.
Civil Liability
Law enforcement may use surveillance cameras, traffic footage, witness statements, and other sources to track down a motorist who may be liable for a hit-and-run. If this individual is located, anyone who may have been harmed during the accident could sue them for compensatory damages.
In a hit-and-run accident lawsuit, plaintiffs may seek economic and non-economic damages, such as:
- Medical bills
- Pain and suffering
- Loss of income
- Diminished earning capacity
- Car repair costs
A plaintiff may be able to use police reports and other forms of evidence to prove to a judge or jury that the defendant caused an accident and left the scene, leaving them with tangible and intangible losses.
What Happens If You Leave the Scene of a Car Accident Caused by Someone Else?
If you leave the scene of a car accident and do nothing, you may be responsible for your losses from the incident. On top of that, the driver who may have crashed their car into yours and left the scene could later report the incident to law enforcement and claim that you’re at fault. At this point, you may have to face the consequences that come with violating Colorado’s hit-and-run laws.
Alternatively, if you call 911 at the scene of your hit-and-run, the police and medical professionals will come to the scene within minutes. This allows you to report the accident to the authorities, receive medical care, and avoid having to take responsibility for an auto accident that may have been caused by someone else.