What happens if I fail to report an accident in Colorado?

If you’re involved in a traffic accident that causes property damage or injury to another person, Colorado law requires you to file an accident report within 60 days of the collision. Failure to do so is a class 2 misdemeanor traffic offense that carries

• 10 to 90 days in jail, and/or
• $150 to $300 in fines.

However, filing a report is not required if the police respond to the crash scene.

In this article, our Denver Colorado criminal defense attorneys discuss:

• 1. When do drivers have to report car accidents in Colorado?
• 2. What are the penalties under CRS 42-4-1606?
• 3. What are typical defenses?
• 4. How do I file an accident report?
• 5. Do I need a lawyer to file an accident report? 
• 6. How long do you have to report an accident to the police in Colorado?
• 7. Related Crimes

1. When do drivers have to report car accidents in Colorado?

Drivers involved in a crash have the duty to file an accident report if the collision caused:

• Injuries (non-serious or serious bodily injury),
• The death of any person, and/or
• Property damage

Drivers must file this report after completing their other duties to avoid hit and run (CRS 42-4-1601) charges. These duties include:

• Giving their name, address, and registration number of the vehicle to the other drivers involved (if they are well enough to receive this information);
• Showing their driver’s license to the other drivers, if they request it;
• In the case of a damaged, unattended vehicle, trying to find the owner. If unsuccessful, leaving a note with their name and registration number; and
• Giving reasonable aid to an injured person(s) needing medical attention.

A law enforcement officer can always ask drivers to file supplemental reports if their initial one lacks the necessary information. Police typically will not investigate any Colorado car accident reports if they have a reasonable basis to believe there were no injuries and less than one thousand dollars ($1,000) in property damage.

The only time drivers do not have to file a vehicle accident report is if police are at the scene of the accident making the report themselves.¹

2. What are the penalties under CRS 42-4-1606?

Failing to file an accident report when required is a class 2 misdemeanor traffic offense in the state of Colorado. The sentence is:

• 10 – 90 days in jail time, and/or
• $150 – $300 in fines

Traffic misdemeanor convictions can never be sealed from the defendant’s record. They remain on the record forever.²

3. What are typical defenses?

The best way to fight CRS 42-4-1606 charges depends on the specific case. Three potential defense arguments include:

1. Police were there. If a police officer was at the accident scene and obtained all the essential information, then the defendant had no obligation to file a report.
2. The defendant was incapacitated. The defense attorney can show the prosecutor medical records proving the defendant was too ill and did not have the ability to file such a report.
3. No knowledge of the damage. Reports are only required if there are injuries or property damage. Perhaps the other drivers involved even said at the scene that no harm was done and then realized only later there was damage. This defense is most effective if the defendant files a report as soon as the defendant realizes it is necessary.

Most of these cases are resolved without a trial. The defense attorney may be able to convince the D.A. to lower the charge to a lesser misdemeanor, a traffic infraction, or even a dismissal.

4. How do I file an accident report?

Go online to the Colorado DMV website. It will ask for relevant information, including the date, time, and location of such an accident. It will also ask if the property damage amounts to less than $1,000 and if the crash took place on private property or public property. Finally, it will ask for identifying information, such as name, address, and driver’s license number.

5. Do I need a lawyer to file an accident report?

No, but it is recommended that people consult with a lawyer first. Otherwise, people risk submitting incriminating information without realizing it. Experienced attorneys know how to fill out traffic accident reports without admitting fault.

6. How long do you have to report an accident to the police in Colorado?

Colorado drivers have 60 days following a collision to file an accident report with the DMV. The quickest way to submit this report is online through the Colorado Department or Revenue accident report website.

Remember that filing an accident report is unnecessary if police are present at the crash scene. The officers will fill out the necessary forms. If the DMV needs additional information from the drivers, it will contact them by mail.³

7. Related Crimes

• Felony hit-and-run (CRS 42-4-1603): Leaving the scene of an accident that caused a serious bodily injury is a class 4 felony, carrying 2 to 6 years in prison, and/or $2,000 to $500,000 in fines.
• Careless driving (CRS 42-4-1402): People who drive a motor vehicle without regard for the road and surroundings face charges for a class 2 misdemeanor traffic offense. The penalties are 10 to 90 days in jail, and/or $150 to $300 in fines.
• Reckless driving (CRS 42-4-1401): Such person who drives with reckless disregard of others’ safety faces class 2 misdemeanor traffic offense charges. It also carries 10 to 90 days in jail, and/or $150 to $300 in fines.
• False reporting of a crime (CRS 18-8-111): Making a false crime report is usually a class 2 misdemeanor, carrying up to 120 days of jail and/or $300 in fines.

Laws in Other States:

In California? See our article about hit-and-run (VC 20002).