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Proving Another Driver Hit My Car

by | Jan 14, 2022 | Car Accidents

Experienced Car Accident Attorney in Colorado Springs

IN A CAR ACCIDENT CASE, DETERMINING FAULT IS CRUCIAL.

As a motorist, you are aware that there are dangers on El Paso County highways. Even when you strive to prevent them, accidents happen. Although you obey the road laws and ensure that your car is fully insured, some drivers are unpredictable. It’s generally tough to show that another motorist struck your car and then lies about what happened or flees the scene of an accident. It’s critical to figure out how to show the other driver’s wrongdoings if you or your passengers are injured.

When someone refuses to accept responsibility for their reckless driving, the authorities, your passengers, and your insurance company may hold you liable. It has an impact on your driving record, raises your insurance prices, and precludes you from filing a responsibility claim for injuries. The untruth can only be disproved by evidence and skilled legal representation. You may be eligible to file an Uninsured Motorist claim if a hit-and-run motorist damages your car and you cannot confirm the driver’s identity.

Regardless matter how irritated or frustrated you are in the aftermath of a car accident, you must remember what’s vital and respond appropriately. You should safeguard yourself and your passengers while on the site and make medical arrangements. You should undertake your mini-investigation if you feel comfortable and secure doing so but proceed with care.

AT THE SCENE OF THE ACCIDENT, CALL THE COPS. FIRST

Call 911 if you have access to your mobile phone. If you don’t have access to a phone, ask a bystander to make the call for you. Colorado law makes it illegal to leave an accident site. You’ll need the cops to record both accounts as well as the physical proof if the other motorist lingers around but lies about the events. When you call the cops, you’re accomplishing several things.

Because abandoning an accident is a felony; the police may use local street cameras and other video recordings to identify the other motorist.

It might be as easy as one driver’s word against another when it comes to lying about an accident. It is not always a crime. Even so, the authorities may have access to camera evidence to figure out what occurred.

If a hit-and-run motorist causes damage and injuries, or if you have an accident, your insurance company will compel you to submit a police report.

A police report will assist you in verifying your PIP compensation claim and any uninsured motorist claims you may have.

 

Involvement of the police might assist dispel any suspicions that your claim is bogus or false.

MAKE ARRANGEMENTS FOR EMERGENCY MEDICAL CARE. FOLLOWING A MISHAP

Even if you don’t think anybody has been hurt, phone 911 and request that emergency medical assistance is sent. It’s critical to have a medical expert assess you or others on the scene to ensure you don’t have any indications of trauma and to have transportation to an emergency room if you do. It’s also critical to see a doctor even if you don’t notice any symptoms right away. It may take some time for you to notice the signs of injuries incurred in a car accident. You might have had a whiplash injury and not realized it for a few days.

INVESTIGATE THE ACCIDENT LOCATION ON YOUR OWN

If it’s safe to do so, do your investigation while you wait for the authorities to come. Evidence documentation and preservation is a risky step. It may assist you in locating the hit- and-run motorist or confirming that the other person struck you rather than you striking him or her. Of course, if you are in too much pain or feel unsafe in your surroundings, call the cops and let them handle it. However, if you feel comfortable leaving your car and wandering about the accident area, do so.

SPEAK WITH ANY BYSTANDERS WHO MAY HAVE SEEN THE ACCIDENT.

Someone probably noticed your collision if it happened on a street where people are strolling, driving, or peering out their windows. Strangers who are hanging near the area may be witnesses. Before they flee, speak with them.

Witnesses are frequently hesitant to provide their names or even acknowledge that they saw anything to a police officer. If you ask a straight query, they could divulge a few details.

Determine whether or not a bystander saw the accident. Ask onlookers if they can describe the other driver’s car make, model, color, or anything else noteworthy if it was a hit-and- run accident. If there are contradicting accounts, inquire as to what witnesses observed. So that you can follow up, get their names and phone numbers. If they’re hesitant to provide too much personal information, ask if you may send them a text or an email instead.

WITH YOUR CELL PHONE, TAKE PICTURES OF THE CAR ACCIDENT SCENE.

If you’ve ever been near an accident scene in recent years, you’ve observed drivers getting out of their cars, pulling out their phones, and taking pictures. That’s a fantastic concept for preserving evidence after an accident.

Take a couple of shots of both cars if the other driver is still on the scene. Take a photo of his or her driver’s license as well as his or her license plate. Keep track of the

 

car’s condition, damage, and halting points. Take some broad photographs of the accident area and nearby landmarks. If stop signs or traffic lights played a role in your collision, snap a picture of the traffic control equipment in proximity to both cars.

MAKE A SHORT STATEMENT OF YOUR OWN

Witnesses rapidly forget the specifics of an occurrence. This is particularly true when a triggering event triggers anxiety. While you wait for the cops, it’s a good idea to jot down everything you recall. Talk about the accident, what occurred, what you saw, and what you heard if your phone has an audio recorder; as much information as you can recall, describe the other car. Consider the same questions you asked possible witnesses about make, model, and color.

Remember that you should never acknowledge blame or make definitive remarks about what you might have done to prevent the disaster. Simply write down the facts as you recall them without assigning blame.

INVOLVE YOUR INSURANCE COMPANY.

You must submit the claim and enable your insurance carrier to investigate and make coverage and claim choices, regardless of what is occurring with the other motorist. Following through on these responsibilities puts you in good standing with your insurance provider. It also alerts your insurance to any prospective Medical Payments coverage, car damage, or uninsured motorist claims you may have.

AS SOON AS POSSIBLE, CONTACT YOUR INSURER.

Although Various insurance providers in Colorado write personal Auto Policy plans, they all include the same fundamental policy wording. After an accident, the section Duties After an Accident or Loss discusses your responsibilities. This section details post-accident regulations, including those that apply in the case of a hit-and-run.

You must tell the authorities if a hit-and-run or phantom car is involved in your accident;

You must notify the insurance company about how, when, and where the accident or loss occurred, and you must cooperate with the inquiry, among other things.

ALLOW YOUR CAR TO BE INSPECTED BY YOUR INSURANCE COMPANY.

Insurance companies no longer pay the lowest of two or three estimates for car damage claims. When you file a property damage claim, you’ll be working with a team of professional car appraisers. They examine your car, take pictures of the damage, and prepare an evaluation for your body shop. A qualified assessor will also review any physical evidence that contradicts your accident report.

 

The claim department may also question the appraiser about whether your car seems to have been hit by another car or whether you collided with a fixed item. The impact direction, the size of any dents, the swipes that indicate damage during car movement, the paint colors left behind, the rust that indicates the damage is old, and other telltale evidence can typically tell an appraiser what occurred and how it happened.

The insurance company may not have accurate information to show who did what, but they will be able to tell whether a hit-and-run account is valid or who ran into whom based on your version and the physical evidence. An appraiser may also make an educated assumption about what the cars were doing at the time of the collision.

INQUIRE ABOUT YOUR INSURER’S SUBROGATION INVESTIGATION.

When it comes to identifying a hit-and-run motorist or determining culpability, your car insurance company is a valuable friend. If your injuries are severe enough to reach the PIP tort level and you file an uninsured motorist claim, they will investigate the situation as thoroughly as possible. Insurance firms corroborate facts via independent witnesses and other drivers involved in an accident since fraud is a constant issue. They’ll carry out an investigation that’s comparable to your mini-scene investigation but more thorough.

The possibility of subrogation payments provides a powerful incentive to track down a hit- and-run motorist. Insurance firms devote all of their resources to such projects. If your insurance company pays for car damage and medical payments benefits or your uninsured motorist’s claim is settled, it will have subrogation rights. It will pursue restitution from anybody it deems is to blame. Unfortunately, staying at the scene, lying about guilt, and confirming liability coverage may hinder subrogation attempts and reduce your prospects of resolving an uninsured motorist claim.

FIND OUT MORE ABOUT UNINSURED MOTORIST PROTECTION

While you may have personal motives for demonstrating another driver struck your car, your attempts to establish who hit you may also assist you in making a more compelling uninsured motorist claim. When a motorist without liability insurance causes your collision, your UM coverage compensates for your injury-related losses. The coverage also applies if an unknown or hit-and-run motorist strikes your car.

Your UM policy covers the general damages not covered by PIP. Intangibles like pain and suffering, mental anguish, scars, and loss of consortium are among them. Before you can bring a responsibility claim against your uninsured motorist policy, you must first surpass a PIP tort threshold, just like with a regular liability claim. The following are the thresholds:

Significant/permanent loss of a vital body function Permanent injury

Death

 

Significant/permanent scars or deformity

The information would validate your version of events if you could show that the other motorist struck your car or identify a hit-and-run driver. It would also put an end to any accusations that you’re trying to defraud others.

Insurance fraud is a big issue in Colorado and across the United States. Colorado Personal Auto Insurance ensures that their policyholders are aware of this. Multiple fraud references and exclusions about PIP, bodily damage, and other coverages are included in auto plans. The policy is as follows: A blanket Fraud exclusion applies to the whole policy in the General Provisions section; we will not cover any insured who has made false statements or participated in fraudulent behavior.

The good news is that your insurance policy was written in good faith. Unless overwhelming proof that you are making a false claim, your insurance company will typically accept your story.

WHY DO YOU HAVE TO SHOW WHO HIT YOUR CAR?

You should answer a few crucial questions a few days after your accident and before you proceed to sort out the accident concerns.

What makes your quest so vital now?

How will you gain from the knowledge if you identify the driver or compel a deceitful driver to reveal the truth?

The police department will handle the investigation if you’re seeking to establish a criminal case against a hit-and-run motorist. If your insurance provider needs further information from you to prove that you have a legitimate uninsured motorist claim, they will let you know.

Unless you’ve been accused of fraud, you may want to refrain from attempting to prove anything. You should concentrate on recovering from your injuries while the insurance and criminal justice systems work out the driving problem.

The police department and the insurance business both have designated persons in charge of the essential activities. Insurance firms have large corporate budgets for investigation costs and a dedicated claim crew to do the job. The evidence is most easily accessible to the police. Try one final site if you just want to know for your peace of mind.

LOCATE THE ACCIDENT’S VIDEO FOOTAGE FROM THE LOCAL POLICE DEPARTMENT.

Colorado Springs is a city in Colorado Video cameras are used by police and other municipal authorities to keep an eye on the streets. A subpoena may be required to get access to the stored digital video. It’s simpler to follow up with the officer who investigated your accident. Although the officer will have faster and easier access to the camera evidence, your investigation may not be a priority if the department deals with significant criminal concerns.

 

Whatever decision you choose, you must take action promptly. Because video systems generate so much digital material, police agencies only keep it for a short period.

You may have another option for acquiring footage of your accident. Smart Traffic Info, a program that provides live digital footage of El Paso County highways, has launched.

Anyone in El Paso County may see video feeds from 220 cameras installed on roadways, bridges, and junctions. The video broadcasts may be seen on the Colorado Springs-Manatee Regional TMC’s dedicated website.

Although the information is not recorded on the site, traffic controllers monitor the feeds, document traffic occurrences, and accidents, and provide updates. They may be able to assist you in locating a hit-and-run motorist or validating your story of an accident using the information they provide. It’s a game of luck if you’ll get the knowledge you need via this service. The traffic controller would have had to observe and record your collision in real- time to prove it.

FOR ASSISTANCE WITH YOUR CAR ACCIDENT CASE, CONTACT WARRIOR CAR ACCIDENT LAWYERS.

Investigating the facts and settling hard problems on your own might be challenging if you’ve been critically hurt in an accident. We’ve secured millions in settlements and judgments for our wounded clients at Warrior Car Accident Lawyers. We may be able to assist you as well. Call us at 941 210-7586 or send us an email using the form below. To book a free appointment to discuss your case, please fill out the form below.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

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