How to Get Paid After a Colorado Springs Car Accident

Written by Jeremy D. Earle, JD

July 5, 2022

INJURIES SUSTAINED IN A CAR ACCIDENT.

Injured in a car accident complicates every aspect of your daily life. It’s a matter of seconds. In the blink of an eye, you’re in the midst of a rainstorm in the middle of a mountain roadway in Colorado. In less than an hour, you’re sitting in an emergency room worrying about how you’re going to pay for the medical costs.

After a car accident, finding the money to pay for your medical and daily bills may be a huge issue. It’s possible to include food and utility expenditures on a list of things to cut down on when one cannot work. There are a lot of moving parts when it comes to receiving compensation for an accident-related injury.

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YOUR BEST INTERESTS MUST BE SAFEGUARDED

Accident victims have to deal with a slew of people once they’ve been involved in an accident. Depending on what you do and say, you may or may not be able to get the compensation you deserve for your injuries.

Until you meet with a car accident lawyer, you are responsible for ensuring that your legal rights are protected. As soon as the cars involved in the collision have come to a stop, your activities begin.

DON’T TAKE THE BLAME!

Regardless of how you feel about the accident, never claim that you were to blame. The consequences of your admission will haunt you if the other driver, witnesses, police officers, or anybody else learns about it. In many cases, even if you’re incorrect, admitting that you’re at blame might endanger your claim against the other motorist.

REFUSE TO APOLOGIZE

Some individuals are so quick to apologize for completely beyond their control that they don’t even realize it. Don’t get out of your car and say, “I’m sorry,” no matter what. Admitting that you’re to blame is almost as horrible as blaming yourself.

DO AS MUCH RECORDING AS YOU CAN.

After an accident happens and before the cops come, so many things change. Documenting everything you can while you still can is your responsibility. Use your mobile phone camera to capture images of the cars involved in the collision, as well as the entire scene, from near and a distance. Get a picture of the other driver’s license, license plate, and insurance card. Gather information from witnesses and other sources.

Your claim for damages will be easier to handle if you record all of the relevant facts. If you’re unable to do the task independently, get assistance from a friend or family member, or do what you can while driving.

IF YOU’RE INJURED, SEEK MEDICAL HELP.

A doctor is still needed to certify your condition and support your disability claim, even if you’re in excruciating agony. If you seek medical attention but do not follow your doctor’s instructions, your injury claim’s credibility and value will be weakened.

Getting Paid by Your Insurer

Regardless of who is to blame, your insurance company has a legal obligation to reimburse you for any damages you get from a covered accident. What you have agreed to is in writing. They are only honoring the deal you made with them when you paid your premium.

In the event of an accident, your insurance outlines your duties. As soon as possible after an accident, you must file a claim with your insurance company. They may perform a liability inquiry and evaluate your legal duties to the other driver due to this procedure. If you have a claim for covered damages, the information from your report will be helpful to your insurance company as well.

COVERAGE FOR MEDICAL EXPENSES BENEFITS

Auto insurance policies in Colorado must include medical costs coverage as a condition of coverage. For this reason, insurance companies often call Personal Injury Protection (PIP) “No-Blame” coverage since it covers your injury-related expenditures no matter who is at fault for it. Even if the other motorist owes you compensation because of his or her negligence, you must document everything.

You don’t have to wait for a liability insurer to accept your injury claim if you obtain PIP payments to cover your expenditures. As a result of receiving compensation, you may lessen the financial impact of a car accident.

In addition to disability compensation totalling 60 percent of your lost income, you will receive: 

Necessary services on your behalf

In addition to disability compensation totalling 60 percent of your lost income, you will receive:

Necessary services on your behalf

You must get your PIP compensation within 30 days of submitting your claim documents under Colorado law.

DAMAGE INCURRED IN A COLLISION.

You’ll learn more about how your damages are assessed and paid for if you have collision insurance. Insurance claim departments may either send an appraiser to assess your damaged car or organize an inspection appointment at a claim center. After inspecting the property, an appraiser determines what damage has been done. Your claim will be paid based on the written evaluation provided by the claim representative.

The appraiser follows up to check on the work and informs the insurance company of any extra payments if your repair shop deems your car requires further work.

CAR INSURANCE COVERAGE FOR UNINSURED MOTORISTS

Damages caused by a driver who has no insurance, has invalid insurance, or flees the scene of an accident without identifying himself will be covered if you have uninsured motorist coverage (UM). When the other motorist has insurance, but it’s not enough to pay for your losses, UIM coverage kicks in.

To get a UM or UIM compensation, the other motorist must be held responsible for the collision. If the other motorist had obtained liability insurance, the insurer of the legally responsible party would have reimbursed the damages, and payment is also depending on the severity of your injuries.

Your injuries must be severe enough to reach one of the Medical Payments Coverage Tort Thresholds set out in Colorado  before you may bring a liability claim against another motorist.

A UM or UIM settlement is one that your insurance company negotiates with you or a representative on your behalf. As if they were the other driver’s insurance company, they treat you as if you were theirs.

In Colorado, uninsured and underinsured motorist coverages are optional and may be purchased at the policyholder’s discretion. Insurers must include them in your car insurance, but you may choose not to accept them.

RECEIVING COMPENSATION FROM THE INSURANCE COMPANY OF THE OTHER DRIVER

Medical expenditures lost earnings, and your own insurance company covers replacement services costs. Everything becomes more difficult if you think you’re entitled to compensation from the other motorist because of the accident.

The Colorado legislature approved medical payments coverage legislation to cut down on the number of liability claims and lawsuits. Injured persons might sue negligent drivers even if their injuries were slight and their damages were low. They filed a lawsuit against the other party’s liability insurance company if they could not agree with them.

It became more difficult for an injured individual to bring a claim or launch a lawsuit when the Medical Payments coverage legislation came into force.

PIP requires that each driver carry $10,000 in PIP benefits to cover their own medical and disability expenses. 

Each injured person must file a claim with their insurance carrier even if the other driver is at fault. 

The injured person’s insurance company must pay their insured’s medical bills, lost wages, and replacement service expenses. 

A liability insurance company doesn’t have to pay you, and you can’t file a lawsuit against their insured unless your I is a person who was injured in an accident.

Severe, permanent loss of a vital bodily function; permanent harm, other than scarring or deformity; significant, permanent scarring or disfigurement; and death are all medical situations that entitle you to initiate a responsibility claim or lawsuit.

Providing Your Claim Documentation to Support Your Claim

The other driver’s insurance company is likely to have decided on its insured’s culpability for your losses when you conclude that you are entitled to a liability claim. Even if the other driver’s insurance concludes that its insured is culpable, it will not just contact you and offer a fair settlement.

Often, they leave it to you or your lawyer to present your evidence and seek a settlement. If you don’t settle your claim or file a lawsuit before the statute of limitations expires, the other insurance company will not be obligated to give you any compensation.

TAKING CARE OF YOUR LEGAL ISSUES

Claim settlement seldom goes as planned. No of how severe your injuries are, insurance companies will want to save money by settling claims quickly. They tend to undervalue injuries or dispute the medical procedures, therapies, and doctor’s views that support your claim for compensation.

An insurance company for the other driver may attempt to establish that your conduct contributed to the accident, or they may dispute that your injuries were received in the collision. The insurer may refuse to pay any damages if they can establish that their insured was not negligent at all.

Insurance companies will be able to see the results of any site investigations that you or your attorney performed. A liability carrier may reconsider its judgment if you have appropriate proof. Even if it refuses to payout, you have other choices.

THE PROCESS OF BRINGING A LAWSUIT

You may still collect compensation even if the other driver’s insurance company rejects culpability for your collision. To seek non-economic damages, you must establish that you’ve crossed a tort threshold. Defendant and plaintiff are both included in your attorney’s case. This means that you are the one who is issuing.

For married people, their spouses also become plaintiffs in a lawsuit. These other persons also become defendants if the defendant was driving someone else’s car or owning the car jointly with their spouse.

Suing is a far more involved procedure than just putting up a claim. There is a degree of formality to litigation. All parties and their counsels require court-ordered schedules, compliance with a judge’s directives, and participation in formal discovery.

In most cases, defendants will ask you to give a deposition if they think it’s necessary. After an accident, questions concerning your injuries and personal life must be answered under oath at the deposition. Your testimony may be videotaped.

THE OTHER INSURANCE COMPANY WILL LIKELY ASK FOR A MEDICAL EVALUATION TO VERIFY THE EXTENT OF YOUR INJURIES.

Dispute resolution meetings. It’s common for judges to demand that plaintiffs and defendants come to a resolution in court-ordered sessions. There is a meeting between you, your attorney, the defendant, and their lawyer to resolve the case. When you’re near to an agreement, these sessions are most useful.

The court may propose a future settlement meeting if the plaintiffs, defendants, and their counsel cannot agree on who should pay what to whom. The courts may also mandate mediation and other alternative conflict resolution techniques.

MEDIATION

During mediation, the same parties meet in a neutral, non-courtroom environment for less formal talks. Insurance company representatives with the power to settle claims are often present.

Other than that, they may be reached by phone. The mediator encourages Plaintiffs and defendants to exchange information regarding their respective opinions on responsibility and harm. Conflicting parties do not always agree in court. The procedure typically brings the parties closer together and offers the path to a settlement in certain cases.

TRIAL

Few cases get to trial because judges favor settlement. In a formal hearing, your lawyer’s office provides evidence to the court supporting your claim. Your lawyer will present evidence, and the judge will decide who is legally accountable and how much money must be paid in a bench trial.

Attorneys choose jurors and deliver their cases in a jury trial. As a result of the judge’s instructions and legal advice, the jury returns a decision that explains the jury’s findings on responsibility and damages.

Your lawyer examines the defendant’s settlement agreement and releases and assists you incorrectly executing them to ensure that the court’s judgment is finalized. After that, you and your lawyer exchange settlement papers in return for a check for the judgment amount. Once all parties have completed their portion of the settlement, your attorney files a case dismissal with the court.

DO YOU NEED A PERSOANL INJURUY ATTORNEY?

Without a lawyer, negotiating a car accident compensation may be challenging. A personal injury lawyer is well versed in the intricacies of the legal system. When it comes to car accidents and severe injury claims, attorneys have a wide range of knowledge and expertise.

If you’re facing an adversarial situation, they’ll handle the presentation of your case in the most effective way possible.

When you meet with an attorney to go through your case, you just tell them your tale. The lawyer provides you with comments on your case and discusses your available legal choices with you.

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