Car Accidents: Frequently Asked Legal Questions
Car accidents are a fact of life. They happen every day in Colorado. If you've been in a car accident and are looking for information about how to assess your rights and responsibilities and where to go for help, you've come to the right spot. Our car accident attorney's can help!
The following is a list of frequently asked questions regarding automobile accidents occurring in the state of Colorado. If you have any questions regarding the information on this page, please contact one of our Automotive Attorneys.
How do I know if I have a claim?
An auto accident insurance claim always begins with an accident. If you believe you are not at fault for the accident and have sustained either an injury or damages to your vehicle, you probably have a claim.
What to do if I am involved in an auto accident?
If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. First, call the police and do not admit to any guilt. Make sure you exchange information with the other party or parties. At the first opportunity, you should report the accident with your insurance carrier to process the claim. Contact attorney.
What if insurance adjuster contacts me before I consult with attorney?
After the accident a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will try to get a statement from you before you talk to attorney. Remember they do not work for you or are there for your protection. Their main goal is to settle the case for as fast and for the least amount possible. Do not talk to them or give them a statement.
How long do I have to file a claim?
Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most Colorado, the statute of limitations for Auto Accident is 3 years.
What to do if I have been involved in a car accident and I have damage to my vehicle?
I'm still carrying a loan on my vehicle, which was damaged heavily in a car accident that was not my fault. The other driver's insurance company offered a fraction of what I owe. If I accept, an I still in debt for the balance of my loan?
In short, Yes.
The insurance company pays what the car is worth on the market, based on, for example, the Kelley Blue Book value. You can haggle over the classification the insurance company uses ("My car was a four-door, not a two-door, and it had air conditioning"), and that might increase the value. A qualification within the same category ("My car was in perfect condition") probably won't get you much more money. However remembers the insurance company must pay you a "replacement value". Do not settle for less or without first talking to an attorney.
If personal injury claims are involved, such as medical expenses or pain and suffering, negotiations get more complicated. An experienced car accident attorney can negotiate all aspects if your claim and help win you a larger overall settlement.
Do I need to contact an attorney after a car accident?
Generally speaking, yes. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer as soon as possible.
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Any and all tools and resources on this site are relative to the typical documents associated with Colorado legal proceedings. Please be advised that your particular situation may be unique in a number of ways and thus alternative documents may be associated with your legal needs and responsibilities.
These resource guides are intended to be a general help in understanding the legal process. Please make an appointment with a licensed practicioner of Colorado Law in order to answer any of your legal questions specic to your situation.
