Legal Question in Traffic Law in Colorado

Switching drivers

My daughter was involved in a hit and run. Her boyfriend was driving the car when they smashed into a van which in turn hit the SUV in front of it. The woman sustained ''life altering'' injuries.

The car and boyfriend are from California, his parents carried insurance for him, however he was not listed on the insurance and he has no license. My daughter, thinking that she was helping her new boyfriend out claims that she was driving the car. He promised her that nothing would come of it and that if it did he would take care of lawyers or whatever was needed. He is now in work release for 14 months and unable to even attend her hearings.

She appears in court again tomorrow to plead guilty or not. The woman that was injured has served my daughter with a lawsuit. She is suing for $100,000+. Not sure why she is not going after the insurance company. According to the dad she was covered by the insurance.

My question is if my daughter comes clean and tells the truth, that she was not driving the car, what if any would be the consequences? She is facing an F6 plus the lawsuit. The driver of the van named the boyfriend as the driver to police, but it must not have mattered once my daughter claimed she was driving.


Asked on 12/17/08, 4:45 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Switching drivers

well, she could be charged with false reporting to authorities (misdemeanor) or potentially with a felony involving fraud if this was an attempt to cause an insurance company that was not liable to be liable (much harder to prove and likely not the case).

if the boyfriend will make a correct statement, this will all likely go away - this can be done in a number of ways.

the law suit is always filed on the individual and then the insurance company gets involve through that individual.

what is she charged with? does she have an attorney? she needs one!

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Answered on 12/22/08, 2:33 pm


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