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AUTOMOBILE ACCIDENTS

Being involved in a Colorado Motor Vehicle Accident can be a traumatic event for many people. In the event you are involved in a motor vehicle accident there are several steps you should take. Below are some of the most common questions the Mintz Law Firm receives regarding motor vehicle accidents. Our personal injury attorneys took the time to answer your questions. If you still have questions regarding your accident please fill out one of the contact forms or visit our homepage:

 

 

Colorado auto accident

Q: What do you do after a Colorado car accident?

Although many automobile accidents are minor it is important to take steps to protect your interests. Also the law also requires certain steps be taken.

  •  Eliminate any hazard caused by a disabled car. Move the car and the occupants to a safe location.
  •  If anyone is injured call 911.
  •  Once at a safe location, exchange insurance information with the other driver. Even if you do not appear to be injured or even if  the other driver asks you not to report this to your insurance company you should be sure to obtain the other driver’s license and insurance information. Injuries are not always apparent and failure to obtain the other driver’s insurance information could prevent you from having some insurance coverage although you previously paid for it and from making certain insurance claims.
  •  Report the collision to your insurance company if there is any property damage or injuries.
  •  If you have been injured, consult with an experienced personal injury lawyer to learn your rights.

Q: What happens if a person is involved in an automobile accident with an uninsured vehicle or underinsured vehicle?

Although Colorado law makes it a crime to drive a car that is uninsured some estimates are that up to 30% of the vehicles on Colorado highways are uninsured. If you are involved in an accident with a vehicle that is uninsured you can still make a claim against uninsured motorist coverage that covers you, if there is such coverage. That uninsured motorist coverage can be available to you in a variety of ways:  from a policy on which you are a named insured, from a policy that covers your own automobile, even if your own automobile was not involved in  the accident, from a policy of a blood relative or spouse with whom you reside at the date of the accident or as a result of coverage on a car in which you were riding as a passenger. These claims have complex, legal issues. That’s why you should immediately consult an experienced personal injury lawyer to make sure you comply with the obligations to properly preserve such a claim.

Q: Who pays the medical bills and loss of wages if a person is injured in an automobile accident?

The answer to that question depends on whether there is no-fault coverage applicable to the accident. In Colorado, for all accidents that occurred prior to July 1, 2003, no fault auto insurance used to pay medical bills without regard to fault. For accidents that occur after July 1, 2003, in Colorado probably isn’t such coverage, depending on when the applicable policy or policies renewed. Or, for post July 1, 2003, accidents there may be med pay coverage if it was purchased with a policy that covers you. Med pay coverage will pay medical bills but does not provide reimbursement for loss of wages. Or, if you have health insurance, it may pay the medical bills. Where there is no such no-fault coverage, health insurance or med pay coverage Colorado is a “tort” state, which means that all such losses will have to be recovered from the “at-fault” parties’ insurance company.  If there is a policy purchased in another state there may still be “no fault” coverage.

Q: How do I know who is the ‘At Fault’ party?

In order to prove someone is at fault you must prove they were negligent. When someone fails to act in a reasonable manner they are “negligent”. Failing to stop at a stoplight or stop sign or driving over the speed limit or driving while intoxicated are examples of negligent behavior. Whether a traffic ticket is issued is not admissible as evidence in Colorado. Fault must be proven in other ways.  In Colorado there is a comparative negligence issue.  If someone is 50% at fault for an accident then they cannot collect any damages against the other party or parties who are 50% at fault.

Q: What is the Colorado statute of limitations on auto claims?

Automobile accident claims must be brought within three years of the date of the accident for adults and three (3) years from the date a minor reaches eighteen (18) years of age for minors, i.e., someone less than 18 at the time of the accident. However shorter statute of limitations periods could apply to requirements to give notice, sometimes as short as 180 days. Therefore you should always consult with a lawyer about this issue.

Q: What are my rights after the repeal of the Colorado Auto Accident Reparations Act as of July 1, 2003?

Colorado Accident Attorneys Discuss Colorado Automobile Insurance Laws

Q: Should I give a statement to the insurance company?

It depends on which insurance company is asking. Sometimes you have an obligation under an insurance policy covering you to give a statement or that company can deny coverage for the incident because of your failure to cooperate. Never give a statement to the insurance company for the party or parties at fault for causing the accident without discussing the situation with legal counsel. If it is the injured person’s own insurance company, the injured person has an obligation to cooperate with that company and has to provide certain information. However, all information should be provided only after consulting with legal counsel. Even statements to your own insurance company may be obtained by the at fault person’s insurance company at a later date, and used against you.

Q: How do I determine if I need an attorney when I’ve been injured through the fault of another

When a person is injured as a result of another person’s fault, a claim for compensation arises. If the injuries result from an automobile accident, prior to July 1, 2003, Colorado law required that a person reach a threshold ($2,500 in medical bills, or permanent disfigurement or permanent injury) before they could seek compensation for their injuries. Since July 1, 2003, no threshold must be met, and a claim can be brought for all injuries suffered in any automobile accident. Other states have their own requirements.

 

When serious injuries occur, the injured person usually finds himself/herself at a disadvantage when dealing with insurance companies. Those companies have their own network of insurance adjusters, experts and doctors that help them minimize settlements. Most people do not have access to such a network of associates nor the information necessary to argue or fight with insurance companies over the amount of compensation that is reasonable.

 

Insurance companies are also good at manipulating the psychological issues that arise at the time someone is injured. Insurance adjusters have specific training on how to manipulate injured persons or their families and are taught ways to convince them to resolve claims for less than they are worth. For example, they try to present themselves as the friend of the injured persons or the family and ask for information before the affect of disclosure is clear.

Since consulting with the Colorado accident attorneys at the MINTZ LAW FIRM, LLC does not cost anything injured persons obviously benefit from consulting such experienced personal injury lawyers and obtaining a fair explanation of what their claims are worth and why and what information should be disclosed and when.?

 

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