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Kimvic68

Colorado Hit and Run

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My vehicle was parked in front of my residence (on the curb in front of my house) when a vehicle came across my neighbor's yard and slammed in to my car pushing it 15 feet into our driveway. The driver attempted to drive away but his truck was caught on the driver side of my vehicle between the running board and door. When he couldn't drive away he fled the scene on foot. Four of my neighbors watched him leave his truck and run. The authorities were called, a file was reported, and I was left with a totaled vehicle.

The authorities called me a week later to let me know they had the info on the driver and his insurance information. When I received a copy of the police report I was shocked to see that the driver was only issued a careless driving citation. If I am correct, he fled the scene and should be charged with that. Yes, I am a bit miffed because my car was paid off and now I am stuck with a car payment for the next 5 years, (talk about a blow to the bank account) while the guilty party gets a ticket and loses 4 points, where is the justice?

I am hoping someone on here can offer me some advice on how to go about having this driver charged with hit and run. I have contacted the officer assigned to my case, he is not responding and I have been told it is up to the officer on whether or not a charge for hit run should be filed.

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You are entitled to recover the value of your vehicle from the other driver (or his insurance company).  If the other driver does not have adequate insurance you may recover from your own uninsured/underinsured motorist coverage.

 

Whether he is charged and prosecuted for hit and run is between him and the state.  The state, through the police and ultimately the state's attorney, has full discretion to prosecute or not.  There is nothing you can do about it except to complain to the relevant state's attorney.  Sorry.

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25 minutes ago, RetiredinVA said:

 If the other driver does not have adequate insurance you may recover from your own uninsured/underinsured motorist coverage.

 

Only if he bought Uninsured/Underinsured Property Damage Coverage which is offered as an option in Colorado.

 

 

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37 minutes ago, Kimvic68 said:

I am a bit miffed because my car was paid off and now I am stuck with a car payment for the next 5 years,

 

That makes no sense. The police gave you his insurance information. What you get from his insurance should be enough to buy you a used car of the same year, make, model and mileage as your car without taking out a loan.

 

 

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50 minutes ago, Kimvic68 said:

I am stuck with a car payment for the next 5 years

 

Why?  The amount you received from the insurance company should have been the fair market value of your vehicle at the time of the accident, which means you should have been able to buy a used vehicle of the same make and model and roughly the same year and condition.  If you accepted an amount that was insufficient for that purpose, or if you chose to buy a new/better car, then that's on you entirely.

 

 

52 minutes ago, Kimvic68 said:

I am hoping someone on here can offer me some advice on how to go about having this driver charged with hit and run. I have contacted the officer assigned to my case, he is not responding and I have been told it is up to the officer on whether or not a charge for hit run should be filed.

 

Told by whom?  The criminal charges against him are up to the district attorney (although the DA will certainly seek input from the police). You're free to lobby the cop and the DA, but what this guy is or isn't charged with is of no relevance to you, and the cop isn't obligated to respond to you since, as far as he's concerned, the investigation is almost certainly closed.

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Thank you to all for your responses. Just to clarify some things, I only posted here to get some input and boy did I get it. Based on the responses I see that none of you have likely ever been in my position. I suppose I should not have said anything about my car payment. I ask however that you put yourself in my position. My car which was totaled was worth alot more to me than any KBB value. It was in excellent condition, a top of the line SUV with everything I wanted. That's why I used my hard earned money and paid cash for it. Not sure if any of you have looked at the insurance rates in Colorado or looked for a used car here for $4900.00 (the amount I have yet to receive or not receive based on the adjuster's opinion). Given the fact that the area I live in was hit by a nasty hailstorm the pickings are slim. Not only that but not even one of you thought about what the insurance company is required to do if the at fault driver does not acknowledge or respond to his insurance company request for information concerning the accident. Well let me tell you, they can sit on it for 30 days and then deny the claim if they feel it is a bogus. So now you say, "Well you have the police report". Yes, I do and yes his insurance has accepted responsibility. Now you say, "What's the problem?" "You should have carried under/uninsured coverage." I'll agree, if I could have afforded the coverage, I would have had it!

Now for the comment that is the best, "You bought a nicer car than what yours was worth, that's on you." Not sure what that has to do with anything! I don't have cars sitting around waiting to be used, I am at work before public transportation has had their coffee, and I do not have people at my beck and call to get me to work at o'dark thirty. Do you have all of these things? If so, then you must be in the upper echelon. Oh, and have I forgotten to mention it took a week to catch up to the driver, another 3 weeks for him to respond to his insurance and it has been 6 weeks since the loss of my vehicle, still waiting for a check from his insurance. How long could you go without a vehicle? So, yes I guess it is on me for being the victim of a hit and run and a responsible person for financing a USED car so I can continue to be a productive member of society!

 

Edited by Kimvic68
Incorrect time frame

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6 hours ago, Kimvic68 said:

My car which was totaled was worth alot more to me than any KBB value. It was in excellent condition, a top of the line SUV with everything I wanted. That's why I used my hard earned money and paid cash for it.

 

 

What it was worth to you isn’t what matters, legally. All the other driver is required to pay is what your car would have sold at fair market value (FMV) to some disinterested person. If the valuation is done right, the amount you get should be sufficient to buy another used vehicle that is similar to the one you had.

 

The first offer from the other driver’s insurance company is pretty much guaranteed to be low. Insurance companies have nothing to lose by giving you a lowball first offer; if you take it then the insurance company has saved money. If you don’t then maybe the insurance company will have to pay more later but at least it tried to save some money with the first offer. If you are not satisfied with the offer from the insurance company you are always free to reject it and submit an offer of your own for what you think the car was worth. If you and the insurance company cannot reach agreement then you may sue the other driver and let a court decide it.

 

I’m well aware that this process takes time, and you’d like to get your replace vehicle ASAP. Unfortunately though it may take months to resolve this unless you are willing to simply take what the insurer has put on the table now.

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13 hours ago, Kimvic68 said:

I see that none of you have likely ever been in my position.

 

That's a conclusion not supported by anything anyone wrote.

 

 

13 hours ago, Kimvic68 said:

My car which was totaled was worth alot more to me than any KBB value. It was in excellent condition, a top of the line SUV with everything I wanted.

 

Your car was worth whatever it was worth.  If you thought it was worth more than Blue Book, then it was up to you to prove it.  Blue Book value takes all of the things you mentioned into account.

 

 

13 hours ago, Kimvic68 said:

Not sure if any of you have looked at the insurance rates in Colorado

 

That has nothing to do with anything.

 

 

13 hours ago, Kimvic68 said:

not even one of you thought about what the insurance company is required to do if the at fault driver does not acknowledge or respond to his insurance company request for information concerning the accident.

 

You didn't say anything in your original post about the at-fault driver not responding to his insurer.  However, you obviously have no idea what we did or didn't think about.  However, given that (at least) two of the three persons who responded have significant insurance industry/legal experience, I can assure you that you are wrong.

 

 

13 hours ago, Kimvic68 said:

Yes, I do and yes his insurance has accepted responsibility. Now you say, "What's the problem?" "You should have carried under/uninsured coverage."

 

I don't say that at all because you haven't given any indication that such coverage was needed.

 

 

13 hours ago, Kimvic68 said:

I'll agree, if I could have afforded the coverage, I would have had it!

 

And yet you had the ability to afford a "top of the line SUV."  Hmm....

 

 

14 hours ago, Kimvic68 said:

Now for the comment that is the best, "You bought a nicer car than what yours was worth, that's on you." Not sure what that has to do with anything!

 

In your original post, you commented that you are "stuck with a car payment for the next 5 years, (talk about a blow to the bank account) while the guilty party gets a ticket and loses 4 points," and asked, "where is the justice?"  My comment was an indication that your indignation is misplaced.  The reason you have a car payment is because you chose to buy a car of greater value than what you received from the insurer.  You should have been able to buy a car comparable to yours that was totaled but apparently chose to do otherwise.  There's obviously no problem with you doing that, but that you made the decision to do it does not indicate any sort of inequity or lack of "justice."

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Hi @Kimvic68

 

Welcome to the community and thanks for posting. So sorry to hear about the hit and run! That sounds like a terrible situation and extremely frustrating. As other posters have mentioned, to recover the cost of your vehicle, you will need to go through the insurance claims process--our Learn About the Law section has several helpful articles on the topic. Regarding the police's decision not to cite the driver for hit and run -- it's understandable from your description of the facts why that would be astonishing to you. Check out this article about how criminal charges are brought--if you'd like to pursue the issue further, you can consider speaking with the District Attorney.

 

Best of luck!

The FindLaw.com Team

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