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  1. #1
    Join Date
    Apr 2013

    Default My Vehicle is Being Held As Evidence and I Am Not at Fault

    My question involves an injury that occurred in the state of: Colorado
    My car was seriously damaged when another driver turned left in front of my car. My car was traveling at the legal speed limit at the time, in clear daylight weather. The other driver ran from the scene of the accident and was arrested later on an outstanding warrant. The passenger in the other car was airlifted in critical condition to a local hospital, and his car was totally destroyed. The other car owner is claiming he does not know if the driver had permission to use the car, so his insurance may not be in effect.

    The Colorado State Patrol informed me that although I am not at fault in this accident, the other driver is being prosecuted under vehicular assault charges and my car is being "held" until the trial is completed, which likely will take a long time. It is not clear if my car is totaled, but the State Patrol will allow my insurance adjuster to view, but not touch my car. If my car is totaled, then my collision insurance will pay for a replacement (value about $15,000) , but if it is repairable, then I seem to be in a bad situation. It has been a week since the accident, and my insurance company seems in no hurry to do anything.

    I will need to replace the car within a week or two, but my insurance will not replace the car if it is not totaled. Do I have any legal recourse in this case, or will I just have to buy a replacement car out of pocket, and try to sell the damaged car at a loss when the trial is over? The damages will reduce the value, and it will depreciate significantly if this action takes a year or more. I do not understand why the State Patrol cannot simply take photographs to use as evidence. I do not understand why I am being punished for a crime when I am the victim. The State Patrol assured me they are not charging me or the driver of my car (my adult son who had permission).

  2. #2
    Join Date
    Jan 2006

    Default Re: My Vehicle is Being Held As Evidence and I Am Not at Fault

    so, why hasn't your insurance adjuster gone to look at the car? That is where I would start. Until they take a look, you have no idea where this is going.

    I do have an issue with them holding the car though. I do not understand the purpose at all. Have you asked your insurance agent if that is typical? I would think they would be aware of any law allowing them to do it. I would also call the prosecutor's office and ask them how to get the cops to release the car.

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