Please read through the following frequently asked questions.

Q. Who should I talk to after a crash? 

A. After any crash involving injures you should consult legal counsel to be aware of your rights moving forward. If not done already, you should file a police report regarding your incident. If you are injured, you must consult a medical professional right away. Do not give recorded statements to any insurance companies involved until after consulting an attorney.

Q. What should I do if I’m injured in a crash? 

A. Document all your injuries with medical professionals. If you do not go to a doctor, attorneys will not be able to prove you were injured. Any missed or ignored injuries will likely not be included in any demands. Good medical records and documentation of your losses is what determines the value of your case. Don’t be a tough guy, go to a doctor if needed. 

Q. When should I contact an attorney?

A. Since every case is different, it is important to know your rights as soon as you can after a crash. Dependent on the facts surrounding the case there are different reporting periods and investigations requests that must be completed for your case to successfully move forward. If these reporting periods are not met there is a chance you will not be able to pursue your claim at all, and if investigations are not completed some crucial piece of evidence may be lost forever. Legal counsel will be sure these reporting periods are met and investigations are complete.

Q. What can I put on social media? 

A. Nothing. Do not post anything on social media about your crash or injuries. Do not post yourself doing any activities while you are under medical care. While the crash photos are very interesting and your recovery is important, these posts can only hurt your situation. Insurance companies will look you up and use what they find against you. It may seem extreme, but I suggest you close your social media accounts while your case is pending.

Q. How long will it take for my case to be resolved?

A. It is impossible to estimate how long it will take to resolve a case. Much depends on how long your injuries require treatment. When you have completed all medical treatment related to the incident your case becomes ready for evaluation and negotiation. 

Q. Who pays for my losses?

A. Colorado Law has a fault-based tort system. Meaning the person at-fault for causing an automobile collision is ultimately responsible for all of the financial consequences of the collision. This is assuming that the at-fault person has the financial ability or enough insurance to pay for all of the harms they have caused. The money owed by the at-fault party is usually paid out as an insurance settlement in one lump sum. The one-time payment settling your injury claim is made in exchange for your signature on a document forever releasing the at-fault party or parties from any further financial obligation to you. For this reason, the one-time lump sum settlement generally occurs after all medical treatment has concluded and your full damages can be calculated. 

Q. What if the other party does not have insurance? 

A. If the other party does not have auto insurance, or their coverage is not enough to cover all of your losses, there may be applicable coverages in your auto policy, or a family member’s auto policies. This coverage is called Uninsured/Under Insured Motorist Coverage (UM/UIM). In my opinion, UM/UIM coverage is the most important auto coverage to have in Colorado. Having this coverage is the only way to protect your family. You do not want to “reject” UM/UIM coverage when you purchase auto insurance. Without this coverage you are dependent on the negligent driver who hurt you having good coverage. Be sure to tell your representative about all auto policies in your household. This is true even if the policies cover cars not involved in the crash, as they may still be applicable to your crash. And, if you do not carry uninsured motorist coverage change your policy to protect your family moving forward. This coverage is very important in Colorado and should not be optional in your mind.

Q. Can I use my UM/UIM auto coverage as a motorcyclist, bicyclist, or pedestrian?

A. Yes, you may have purchased applicable coverages that protects you while outside of your vehicle from other drivers. If someone without enough insurance hurts you with their car, it is more than likely your household’s UM/UIM coverage will be applicable to the loss. When evaluating these cases, it is the defendant’s use of an automobile that matters for coverage to apply. In most cases you don’t have to have been in the covered auto when the loss occurred for UIM/UM coverage to cover the loss. Once again, be sure to share all household policies with your representative so all applicable coverages can be evaluated.

Q. If I use my own auto insurance policy will my rates increase?

A. No. In most cases, insurances rates will not increase if you use your own coverages as a non-fault driver. Most increases to insurance rates after crashes are based on driving histories, and whether the insured party was ticketed for the crash. You should not be afraid to have your attorney open a claim on your own policy; as it is important to utilize any applicable coverages you may have already paid for.

Q. How should I pay for my medical care while my claim is pending?

A. Since you can only settle your injury claim once, medical bills need to be address in the interim to prevent any collection matters against you. If you have health insurance, provide this to providers to ensure bills are paid timely. Once you have recovered from your injures, your attorney will work to resolve your case with the applicable auto insurance carriers. You may ultimately have to repay your health insurance for any amounts they paid. This reimbursement is known as “subrogation”. Your attorney will monitor any subrogation rights that apply and resolve them at the end of you case. Right now just remember, regardless of who ultimately pays for the care, your health and access to medical care are the most important.

Q. What if I’m injured and I don’t have health Insurance? 

A. There is no easy answer to this question. Since documentation of medical losses is necessary to prove injury claims, you must go to the doctor if injured regardless of your personal economic situation. If you do not go to a doctor, it will be very hard to help you. To prevent a lack of care from becoming an issue in your case, you should consult an attorney right away to see what options are available to you.

Q. What about the damage to my car?

A. Property damage claims and injury claims are separate. These claims do not need to be resolved together. Parties typically can resolve their property damage claims without an attorney’s involvement. However, you have options when it comes to who handles your automobile damage claim. Many times, it is preferable to process this claim through your own auto insurance carrier. This can make the claims process go smoother since you don’t have to wait for a liability investigation to be completed to get your own coverage involved. In most cases your own insurance is your fastest route to a rental car and getting your damage appraised. You are correct in thinking that the at-fault party has to pay for your property damage and rental car. However, in many cases the convenience of using your own coverage outweighs the wait for the at-fault carrier to complete their liability investigation. Repayment to your insurance carrier will be handled behind the scenes between the two insurance companies after your claim is resolved. Again remember, when you are a non-fault party your coverage rates will not be increased for making a property damage claim.

Q. What if my car is “totaled?”

A. Your vehicle is “totaled” if the cost to repair the damage is greater than the total value of your vehicle today. Insurance companies only have to pay you for the value of your vehicle on the date the collision occurred. This means the amount the insurance company will pay for your totaled vehicle is the current worth of that vehicle in Colorado; not the amount you paid when you bought it. If you still owe money on your vehicle to a bank you will need to see if you have applicable “Gap” insurance to cover any excess loss. Once your vehicle is deemed a total loss, you have options. One, you can sign your title to the insurance company and be paid the full value of the damaged property. Or two, you can be paid a lesser amount and can retain the damaged property, however a salvaged title will be placed on the vehicle if ownership is maintained. This decision usually comes down to what the individual owner can do with the damaged property after salvaged.

Q. What if I believe my car is “totaled” but the insurance company does not agree? 

A. It is difficult to make an insurance company “total” your vehicle when repairs are economically feasible. However, in some cases it is worth getting a second estimate of the damage from your own carrier who may more fairly estimate the damage.

Q. What if there were child seats in the vehicles?

A. After a collision, all child or booster seats in your vehicle need to be replaced for safety reasons. The insurance company will pay for this as part of your property damage claim. Be sure to report any seats present in the vehicle involved to the property damage adjuster processing your claim. Make sure child seats are included before resolving property portions of your claim with any insurance company. Let’s keep your kids safe.