What Are My Options in a Hit and Run Bike Crash?

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As cyclists, we are prime hit and run targets because we cannot pursue the driver. In their moments of self-absorbed panic, a staggering number of drivers end up fleeing the scene in bike vs. car collisions, leaving the cyclist on the side of the road to fight for their lives. While some cyclists ride with cameras, the vast majority do not, and the odds of identifying a hit and run driver are not great unless there were vigilant witnesses at the scene of your crash. So where does this leave you, the victim of a hit and run collision, in terms of justice and compensation? If there is a silver lining in any of this, it may be that you can pursue compensation from your own auto insurance policy. To do so, you need to work with a personal injury lawyer—just as you would if the driver were to be identified—and file a claim against your insurance carrier.

Hit and Runs are a Growing Problem

There are many arguments as to why hit and runs are on the rise: drivers got used to speeding and reckless driving during the pandemic, the majority of drivers use their phones for every trip they take, driving speeds have increased as tempers have shortened, etc. But whatever the speculations are for the increase in hit and runs, the numbers themselves are not disputable:

• According to AAA, hit and runs have grown at an average rate of 7.2 percent per year since 2009 (the year smartphones became prevalent).
• Nation-wide, fatal hit and runs have increased by 60 percent since 2009 when there were roughly 1,750 hit and run deaths (in 2022 there were nearly 3,000).
• In Colorado the rise in fatal hit and runs is even higher at 80 percent since 2009.
• Nearly 65 percent of all victims in fatal hit and runs are cyclists or pedestrians, even though these two groups make up just a tiny portion of road users across the US.

What are the Chances the Driver Will be Identified?

While about half of drivers in fatal hit and runs are eventually identified, according to a 2012 study and reported on by AAA, the chances of identifying the driver in a non-fatal vulnerable road user hit and run collision are much lower for four reasons:

1. Non fatal collisions are not as rigorously pursued by law enforcement as fatal collisions
2. Vulnerable road users, like cyclists, cannot chase down and identify the driver like the victim in a car vs. car hit and run might be able to do
3. In bike vs. car hit and runs, the culprit's vehicle is rarely damaged significantly, meaning fleeing is not only possible but the damage evidence to their vehicle can be more easily fixed or concealed
4. The cyclist in a hit and run crash is often so seriously injured—as opposed to a car vs. car hit and run—that they are unable to remember or even see the make, model, and license plate of the perpetrator's vehicle

Interestingly, the hit and run victim's personal characteristics heavily influence whether the culprit will be identified. For fatal hit and runs, the likelihood of identifying the fleeing driver increases or decreases based on the victim's age and sex:

• If the crash involves a pedestrian/cyclist aged six to 15, there is a 60 percent chance of identifying the driver
• If the crash involves a pedestrian/cyclist aged 31 to 55, there is just a 39 percent chance of identifying the driver
• If the fatal hit and run crash involves an older victim (76 to 80 years old), the likelihood of identifying the driver goes back up to 49 percent.
• If the victim is female versus male, there is a 6.6 percent higher chance of identifying the driver

Options for Compensation—What if the Driver is Never Identified?

If the driver is identified, whether they are tracked down a day or a month later, you can file a personal injury claim against them, seeking fair compensation for your medical expenses, pain and suffering, property damage, lost earning ability due to disability, and more. You can also seek some semblance of justice through the criminal courts.

However, if the driver is never identified, you may still have an option for compensation through your UM policy. The point of UM coverage (Uninsured/Underinsured Motorist policy) is to insure you for damages caused by a liable road user who negligently harms you in a crash, and either doesn't have insurance at all or has a policy that doesn't cover the full amount of your damages. After all, the minimum compliant Colorado bodily injury liability policy only amounts to $25,000, which doesn't go very far if the victim ends up with serious injuries. Your UM policy also kicks into gear in hit and run crashes, essentially standing in for the hit and run driver's own insurance policy and giving you an option for financial justice.

How Do I File a Claim With My Own Insurance Company?

A UM claim works similarly to filing a claim against another party in that you can seek all of the following damages:

• Medical expenses and future medical costs
• Pain and suffering
• Emotional distress
• Scarring or disfigurement damages
• Lost wages and lost earning ability
• And more

As with a claim or lawsuit against a negligent driver and their auto insurance carrier, you should not expect your own insurance company to just hand over all of your damage compensation without a fight. In this scenario, your insurance company is not necessarily your advocate. They are your adversary, and will act to protect their bottom line, and not always your well-being. You may end up having to sue your own insurance company to receive what is rightfully yours, which is why it is absolutely imperative that you work with a Colorado bicycle attorney who handles hit and run bike collisions.

Call Colorado Bike Hit and Run Bicycle Crash Attorney Brad Tucker at Colorado Bike Law

Unfortunately, do not expect any gifts from your insurance company when pursuing a UM claim following a hit and run. Your best option for maximizing your compensation is to work with a lawyer to push your insurance company—and/or the hit and run driver's insurance company if the driver is identified—for full compensation. Denver hit and run bike attorney Brad Tucker at Colorado Bike Law has successfully settled countless hit and run cases for his clients. As a cyclist himself, he understands the frustration, anger, and pain that you are going through and will do everything he can to secure the compensation you need and deserve. Call Brad at Colorado Bike Law today on his direct dial number at 720.974.6303 for a free case evaluation.