What should I do if I was in a hit-and-run accident in which I was injured but still got a ticket for being at fault?

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What should I do if I was in a hit-and-run accident in which I was injured but still got a ticket for being at fault?

Apparently someone stated they saw the accident take place. How do I fight this when the other driver isn’t even there? And is it worth it to plead not guilty and then have to pay court fees for the motions hearing, trial and for a lawyer?

Asked on November 26, 2014 under Accident Law, Colorado

Answers:

Edward Carlstead / The Carlstead Law Firm

Answered 6 years ago | Contributor

Once you have resolved the traffic ticket issue, consider whether you wish to file a claim for your injuries.  Even though you do not know who the other driver is, your own insurance company may be responsible for paying for your medical treatment and other losses if you carry what is called "Med-Pay" insurance and/or Uninsured Motorist Coverage.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try to fight it with your own testimony; the issue will be does the court find your testimony more credible (believable or persuasive) than the testimony or other evidence/reports against you?

As for whether it's worth it to fight the ticket, what is the ticket for? How much money, how many points? In my experience, you'd pay between $300 and $700 typically to fight a ticket--if that's more than you'd pay on the ticket, then it's not worth fighting, at least not economically.


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