Should I Try to Handle Car Accident Claim on My Own First?

Written by Jeremy D. Earle, JD

April 24, 2022

DO NOT TRY TO FILE A CAR ACCIDENT CLAIM ON YOUR OWN

According to Colorado’s Department of Highway Safety and Motor Vehicles FLHSMV, around 42 percent of traffic incidents on Colorado’s roadways in 2018 ended in Injury or death; this is comparable with statistics from the previous decade, with Injury and fatal collisions hanging around 40 percent.

Those filing a car accident claim without damage or death may be able to navigate the procedure quite smoothly if their insurance provider operates in good faith in the majority of cases. Even if you haven’t been injured, you may need to contact an attorney if you believe your insurance company isn’t treating your claim properly or has rejected it unfairly.

Suppose you were injured in a car accident in Colorado or lost a loved one in a car accident. In that case, you should contact an attorney who can help you through the claims process and, if necessary, file a personal injury lawsuit.

Insurance firms value their profits so much that they will go to great lengths to avoid paying huge claims, even to their policyholders. Adjusters may even attempt to befriend you and use any other means at their disposal to reduce the value of your claim.

This article explains the Colorado car accident claims procedure, what you can do to improve your chances of getting the best possible result in your case, and how an expert car accident lawyer can help you obtain the money you deserve following a car accident.

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NO-FAULT INSURANCE LAWS IN COLORADO

Colorado is a state with no-fault insurance. This implies that if someone is wounded in an accident, each motorist, regardless of who caused the accident, submits an insurance claim under his or her policy.

This makes it straightforward for drivers to file claims for accidents that result in minimal or no injuries. A major or catastrophic car accident, on the other hand, is not unusual to exceed insurance limitations. In certain circumstances, you may need to pursue the other driver for further compensation.

When losses and damages exceed policy limitations, a complex web of legal interests emerges, including several insurance policies and litigation parties. An experienced car accident lawyer is familiar with these complications and can help you maximize your chances of obtaining further compensation after your accident.

Colorado requires motorists to have the following coverage to register a car and get license plates:

Medical costs coverage of at least $10,000 MedPay is a kind of insurance that covers your injuries in an car accident, regardless of who is to blame.

Liability for property damage of at least $10,000 PDL, which covers any damage you do to someone else’s property, not your own, in the event of an car accident.

Even in relatively basic and easy circumstances, PIP coverage only covers 80% of medical treatment expenses and 60% of lost income. You may have to endure more treatment expenses and missed pay if you opt not to see a lawyer and claim for further damages.

TIPS FOR GETTING THE BEST RESULTS IN YOUR CAR ACCIDENT CASE

Every action you take in the seconds, minutes, and days after an car accident may have an impact on the result of a subsequent damage claim. Each accident is unique in terms of its form and intensity.

You won’t be able to do anything to aid yourself until you’re freed from the hospital or at the very least awake in serious accidents when rescue personnel extract you from your car and transfer you to the nearest emergency department by ambulance.

Many of the following suggestions are based on your physical ability to move after your Injury. If not, non-injured family members or passengers in your car may assist. Some of these pointers can also help you if you’ve already been in an accident.

Although a skilled attorney may acquire some of the material listed below for you, you must do all you can to support your case. The following pointers can assist you and your attorney in determining guilt and proving the other party’s negligence:

SEEK MEDICAL HELP AS SOON AS YOU CAN.

It’s not unusual for accident victims to feel well just after they’ve been in a collision. The adrenaline from the crash masks pain, and some injuries go unnoticed for hours or even days.

To win your car accident case, you must show that the accident caused your injuries. Even if you don’t think you’re hurt, get checked out by a doctor as soon as possible after the accident for your health and the benefit of your claim.

Take note of any pain, numbness, headaches, or other symptoms in the days after the event, and go to the doctor if required to record your damage. This gives your lawyer power when bargaining with the insurance company, and it also acts as evidence of harm to the court if you have to go to trial.

REPORT THE INCIDENT TO THE AUTHORITIES.

When serious incidents occur, emergency response services and law police arrive fast. In other circumstances, when injuries aren’t as serious, busy police officers may not arrive at the accident site right once.

You can file a report online or in person at a police station if you don’t need emergency services; however, it’s best to wait for an officer to arrive at the scene of the accident and record everything they see in the final report.

COMPILE INFORMATION.

Obtain the contact information for all drivers and passengers involved in the collisions, including their name, email, phone number, insurance information, license plates, and anything else you may need. Take note of the date, time, and location of the collision, as well as the road and weather conditions, as well as any observations about the other drivers.

For example, if you saw the individual texting while driving before they struck you, or if you smell alcohol or suspect drug usage, make a note of it in your statement to share with police authorities.

INTERROGATE WITNESSES.

You should never discuss culpability with another motorist, passenger, or witness because you don’t want to say anything that implies you were at fault. However, you should collect the names and contact information of anybody who observed the accident and/or stopped to assist. Witnesses will be interviewed by law enforcement to record their formal statements in the report, but you should talk with them as well if feasible.

PHOTOGRAPH THE SITUATION.

Take images and/or videos of the accident site using your mobile phone. Take pictures of the car damage, any evident dangers, license plates, any visible injuries, and anything else to aid you with your claim.

If required, these images may be used as proof by the insurance company and the court. Once the clean-up teams arrive at the accident site, you will no longer be able to take photographs.

KEEP TRACK OF ANY MONETARY LOSSES.

Gather pay stubs to demonstrate missed income, save any medical bills linked to your Injury, and keep track of mileage to and from any visits. Keep any receipts for car maintenance or towing costs as well.

Keep estimates and final costs for things like installing railings or a wheelchair ramp if you need to alter your house to make it more accessible. When in question about whether or not to save a receipt, keep it and explore its significance with your attorney.

KEEP A DIARY OF YOUR HEALING.

Non-economic losses are not recoverable in an insurance claim, but in a personal injury lawsuit under Colorado law, they are recoverable. Pain and suffering, loss of quality of life, and loss of consortium with a spouse are examples of non-economic losses. Make daily notes in a notebook on your recovery, paying specific attention to your pain level, mental challenges, relationship issues originating from your Injury, and anything else that comes to mind.

Although the court may not allow you to use this diary as evidence, it will help you communicate your sentiments and problems to your attorney, as well as provide useful information for determining the worth of your non-economic damages.

MAKE CONTACT WITH A SEASONED CAR ACCIDENT LAWYER.

You should arrange a meeting with an expert car accident lawyer as soon as possible following your accident so that they can advise you on future measures.

THE ADVANTAGES OF USING A LAWYER TO HANDLE YOUR CAR ACCIDENT CLAIM

As previously said, hiring an attorney to handle your car accident claim is in your best interests. But why is that? Personal injury lawyers with a good reputation and a lot of expertise can help you get the most money out of your claim.

Some accident victims refuse to employ an attorney because they are concerned about legal expenses and believe they will not pay one. Most car accident attorneys, on the other hand, work on a contingency fee basis.

This means that your lawyer will not seek payment up advance; instead, costs will be deducted from any compensation you get, whether via a settlement or through litigation.

Financial worries should not deter you from hiring a lawyer to handle your claim; rather, they should inspire you to do so. An expert car accident attorney can assist you with your claim in the following ways:

YOUR CAR ACCIDENT IS UNDER INVESTIGATION

Insurance firms use adjusters to look into claims to identify methods to reduce the value of your claim. Instead of relying on an insurance company’s investigation, good lawyers undertake their own.

Your lawyer will go into every detail of your car accident claim and try to unearth any evidence that might help you win. Obtaining medical records, police reports, and other documentation are all part of the investigation process, contacting witnesses, collecting statements, and securing their testimony.

CONSULTATION REGARDING YOUR SITUATION

Experienced attorneys have access to a large network of experts and specialists that can assist with injury claims. Your attorney may consult accident reconstruction professionals, medical experts, forensic specialists, and life planners, to mention a few, depending on your condition and the severity of your injury. These experts provide their thoughts, remarks, and testimony on certain parts of your case and assist in determining guilt and determining the value of your claim.

FAIR SETTLEMENT NEGOTIATIONS

Insurance companies that know their policyholder is at fault for an accident may offer an early settlement to avoid paying a higher claim or paying court-ordered damages later. These early offers are usually substantial enough to persuade victims to accept them, but they fall far short of complete and equitable compensation.

The initial settlement offer should serve as a starting point for talks. Insurance companies pay attention when you have an experienced lawyer on your side and don’t attempt to play games like the typical claimant. The majority of attorneys are adept negotiators who will not take your money.

LITIGATION OF THOSE RESPONSIBLE FOR INJURIES CAUSED BY CAR ACCIDENTS

Without going to court, the great majority of personal injury claims may be resolved. However, there are times when settlement is not an option. The insurance company may argue that you were largely or entirely to blame for the accident or that the event was unrelated to your injuries.

Sometimes, the parties cannot reach an agreement because the insurance company feels the claimant is requesting too much money. In any case, a smart attorney is not scared of the courts, and if your case gets to trial, he or she will vigorously argue it.

WARRIOR CAR ACCIDENT ATTORNEYS CAN HELP YOU FOLLOWING A COLORADO CAR ACCIDENT

Suppose you have suffered a serious injury or lost a loved one in an car accident caused by someone else’s negligence. In that case, Colorado law allows you to seek damages in civil court to compensate you for your losses. Do not attempt to manage your car accident claim. It will simply make it more difficult for you to get the compensation you deserve.

You don’t have to go up against big insurance companies or well-funded defendants alone. Warrior Car Accident Attorneys are here to assist you. Our skilled personal injury lawyers can help you through the legal system’s complexity and aggressively achieve the best possible conclusion for your case.

With locations on both coasts of Colorado, you can easily call Warrior Car Accident Lawyers at 719-300-1100 or contact us online for a free consultation and learn more about how we can help you after a car accident.

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