Seeking Restitution After a Car Accident in Colorado

We’ve written about restitution and how it affects civil cases in the past, but a lot has changed in the past few years, and it could substantially impact your chance receiving what you are owed after a traffic accident.

When a driver in Colorado hits you or your car and police respond, they will be issued a summons (as opposed to a ticket) if they are at fault for the accident. As long as the driver is charged with a crime, as opposed to an infraction, the courts will address restitution. This is the reason drivers are almost universally charged with Careless driving after even a minor accident, they may plead down to a lane change or speeding violation, but the court can award restitution based on that original charge at sentencing. The driver goes to court, the prosecution reaches out to you, the victim, they find out medical bills and property damage, and can petition the court to award restitution in that amount. This was a simple process up until November of 2021.

It is important to note that they can’t get any kind of compensation for your injury. They may be able to get reimbursement for a medical bill or emergency transport, but that is only for the treatment, not the injury. If you are injured in a car accident it is crucial to speak to a qualified personal injury attorney who will fight for your rights.

If you only suffer property damage, restitution is an option, but could be a complicated process. The Supreme Court of Colorado described the longstanding process as:

On the day of the sentencing hearing, the prosecution informs the court that it has not yet filed a motion for restitution and that it would like to reserve the issue for ninety-one days. Without objection from the defense, the court grants the request and reserves restitution for ninety-one days. The court then provides that, if the prosecution files a timely motion for restitution, the defense may file an objection and ask for an evidentiary hearing. After the sentencing hearing, the mittimus simply reflects that restitution has been reserved for ninety-one days. People v. Weeks, 498 P.3d 142, 147 (Colo. 2021).

On November 8, 2021, the above case was decided by the Colorado Supreme Court, they outlined how this process works, what courts do, and then went on to say that process doesn’t comply with the statute, and everything is being handled wrong. This is a massive problem for people that are hit in an accident, especially when the other driver doesn’t have insurance. Overnight courts were forced to determine restitution or grant restitution in an indeterminant amount at the time of sentencing, something they have never had to remember to do, and which prosecutors have never had to remind them of. If you do not have an attorney, you must be proactive in contacting the prosecutor on your case. You can find that contact information here.

If you have been injured in the accident, our dedicated legal team can help with restitution, as well as an injury settlement for the harm done to you, contact the experienced car accident injury lawyers at Bell & Pollock, P.C today for a free consultation.