You were hurt in an accident. You got medical treatment. Now the insurance company says your injuries were not caused by the crash or fall.
What should you do?
First, don’t assume the insurance company gets the final word.
Causation is one of the most common disputes in a Colorado personal injury case. The real question is whether the evidence can connect the accident to your injuries.
Why Is the Insurance Company Disputing My Injuries?
Insurance companies may question causation for many reasons. Maybe you did not seek treatment immediately. Maybe your MRI shows degenerative changes. Maybe you injured the same body part years ago. Or maybe the adjuster argues the collision was too minor to cause your symptoms.
Those facts can matter, but none automatically means your claim fails.
What Does Colorado Law Require?
In a Colorado negligence case, an injured person must prove that the defendant’s conduct caused the claimed injury. Colorado recognizes both cause-in-fact and proximate cause. Garcia v. Colorado Cab Co., 2023 CO 56.
Causation does not have to be proven with absolute certainty, and the defendant’s conduct does not have to be the only possible cause. But the evidence must establish causation beyond mere possibility or speculation. Kaiser Foundation Health Plan of Colorado v. Sharp, 741 P.2d 714 (Colo. 1987).
Whether an accident caused an injury is generally a factual question when reasonable people could reach different conclusions from the evidence.
What Evidence Can Help Prove My Injuries Came From the Accident?
The strongest response is usually evidence—not an argument with the adjuster.
Important evidence may include:
- Medical records documenting when your symptoms began;
- Emergency room, urgent care, chiropractic, physical therapy, or specialist records;
- Prior medical records showing your condition before the accident;
- MRI, X-ray, or other diagnostic findings;
- Statements from treating doctors about causation;
- Photographs, crash reports, surveillance video, and witness statements; and
- Evidence showing how your daily activities changed after the accident.
Consistency matters. Tell your medical providers how the injury happened, what symptoms you are experiencing, and whether you had similar problems before.
What If I Had a Prior Injury?
A pre-existing condition does not automatically defeat your case.
Colorado law recognizes that an accident can aggravate an existing condition. In Newbury v. Vogel, 379 P.2d 811 (Colo. 1963), the Colorado Supreme Court recognized recovery where trauma aggravated pre-existing arthritis.
Colorado also follows the principle that a negligent defendant takes the injured person as they find them. Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992).
The important comparison is often your condition before the accident versus your condition afterward.
What If I Waited to Get Medical Treatment?
A delay in treatment can make causation harder to prove, but it does not automatically eliminate a personal injury claim.
Be prepared to explain the truth. Maybe you expected the pain to improve. Maybe symptoms became worse over several days. Maybe work, family obligations, cost, or access to care delayed treatment.
Do not exaggerate or invent an explanation. Accurate medical records and a consistent history are far more useful.
The Bottom Line
The insurance company can dispute whether an accident caused your injuries. That does not mean its conclusion is correct.
Causation is proved through evidence: your medical history, your condition before and after the accident, diagnostic testing, treating providers, and the circumstances of the accident itself.
If an insurer is denying your Colorado personal injury claim because it says your injuries are unrelated, consider speaking with an experienced Colorado personal injury attorney before accepting the denial or a reduced settlement.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-328-1616 now for a free consultation.
Sources
- Garcia v. Colorado Cab Co., 2023 CO 56 – Explaining cause-in-fact and proximate causation in Colorado negligence cases.
- Kaiser Foundation Health Plan of Colorado v. Sharp, 741 P.2d 714 (Colo. 1987) – Explaining the plaintiff’s burden to establish a causal connection beyond mere possibility or speculation and recognizing that causation is ordinarily a factual question.
- Newbury v. Vogel, 379 P.2d 811 (Colo. 1963) – Recognizing recovery where an accident aggravates a pre-existing condition.
- Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992) – Explaining Colorado’s rule that a tortfeasor takes the injured person as found, including particular susceptibility to injury.