Top questions and answers after a car accident in Colorado (especially if injured)
Being involved in a car accident in Colorado is a scary and traumatic experience, especially when you, loved ones, or other people are injured. Understanding and implementing your rights and responsibilities after a car accident is vital. Black, Blink, & Associates LLC, 719-694-0578, provides free consultations if you are injured in a car accident. Here are some of the most common questions and answers you might have.
Immediately after the accident
What should be done first?
Ensuring everyone is safe. Check for injuries to yourself and others. Call 911 immediately for police response and request medical help if you suspect you or someone might be injured.
Should a vehicle be moved?
If it’s safe, move the vehicle to the side of the road so other accidents don’t occur. Take pictures of the vehicles involved, the scene of the crash, and of any visible injuries. The attorneys at Black, Blink & Associates will absolutely use those photographs to help increase the value of any personal injury case which may arise from the crash.
Should I call the police?
Absolutely. Colorado law requires reporting accidents that involve injury, death, or significant property damage. Calling the police will create a police report, which is critical for when an insurance claim is going to be filed and there may be potential litigation.
What information should be exchanged with the other driver?
Colorado law requires exchanging basic information like names, contact information, insurance company, and license plate numbers.
Should an apology or admission of fault be made?
No. being involved in an accident is a stressful situation and the cause may be unclear. Making any admission could result in being charged or making statements that could be considered accepting responsibility. The police will make a determination and a law firm like Black, Blink, & Associates will want to investigate the accident.
Should pictures be taken?
Yes. Take numerous pictures and videos of the vehicles, streets, witnesses. Take pictures and videos from multiple viewpoints. Make sure to did good pictures of the damage to all vehicles, road conditions, traffic lights and signs, injuries, and anything else relevant.
Should witnesses be spoken to?
Yes. In addition to getting the names and contact information from people involved in the accident, you should also get the names and contact information from any witnesses who observed the accident.
Seeking medical attention
Should a doctor be seen even if feeling fine?
Yes, it is crucial to seek medical attention immediately, even if injuries seem minor. Being involved in an accident is a stressful situation and a person’s adrenaline can mask pain. In many traffic accidents, injuries may not be obvious. Often, injuries like whiplash or concussions may not be obvious after a car accident.
Why is prompt medical attention important?
Medical professionals can help identify injuries that the injured person may not be aware of. Early treatment is important to ensure any injuries are being treated. It is important to establish a record of injuries which may be important for an insurance claim or lawsuit.
What if medical attention is delayed?
Getting immediate medical attention for injuries is important to ensure the injured person is getting proper treatment to begin the healing process. Also, failure of an injured person to seek prompt treatment can affect the amount of compensation or even the likelihood of receiving compensation.
Dealing with insurance companies
Do you need to notify your own insurance company?
Yes, notify your insurance company as soon as possible after the accident, even if the other driver was at fault. Many insurance policies require the insured to report the accident immediately. But you should consult with an attorney before providing any detailed statement about the accident.
Should a recorded statement be given to the insurance company?
It’s best not to give a recorded statement without consulting with an attorney that practices in motor vehicle accidents. Black, Blink & Associates wants to ensure that their clients are well protected. We help our clients throughout the entire process and provide a free consultation. You can call Black, Blink, & Associates at 719-328-1616.
Should a quick settlement offer be accepted?
No. Insurance companies often make a low-ball offer and have the injured person waive their rights through a signed settlement. It takes time to determine the extent of your injuries and damages, and what ongoing treatment will look like. Often, vehicle accident victims have life changing injuries that they will deal with their entire life. Experienced attorneys will typically ensure their clients end of with a much higher settlement than allowing the insurance company make a low-ball offer..
Whose insurance company will pay for damages?
Colorado is an “at-fault” state, meaning the at-fault driver’s insurance company is typically responsible for covering damages. There are many uninsured or under insured drivers in Colorado. In these situations your policy may protect you with UM or UIM coverage (covering you for uninsured or under insured drivers), or MedPay that helps provide additional medical coverage. Black, Blink, & Associates will investigate both the at fault driver’s insurance policy as well as our client’s policy.
What if the other driver is uninsured or underinsured?
There are several other options available in this scenario. If you have uninsured/underinsured motorist (UM/UIM) coverage, you may be able to file a claim with your own insurance company to cover your losses if the at-fault driver does not have insurance or has a minimum coverage policy. You can also sue the at-fault driver.
How does comparative negligence affect a claim?
Colorado follows a modified comparative negligence rule. You can recover damages even if you are partially responsible for the accident, as long as your percentage of fault is less than 50%. Having an experienced personal injury law firm like Black, Blink, & Associates advocating on your behalf in a comparative law issue is important.
Legal process and compensation
What kind of damages can be claimed?
You can claim economic damages to cover your medical expenses, lost wages if unable to work due to the car accident, and property damage for your vehicle. Also, you can claim non-economic damages for pain & suffering and emotional distress.
Is there a limit on the amount of damages you can receive?
Yes, Colorado law has limits or caps on non-economic damages.Black, Blink, & Associates LLC can provide more specific information about these caps. For a free consultation, call Black, Blink & Associates at 719-694-0578 today.
How long do you have to file a lawsuit?
In Colorado, personal injury claims resulting from car accidents is generally three years from the date of the accident.
Are there any exceptions to the statute of limitations?
Yes, there are exceptions such as cases involving minors or hit-and-run accidents with wrongful death. It’s crucial to consult with an attorney to understand the specific deadlines applicable to your situation. Black, Blink & Associates will ensure that a lawsuit is filed before the expiration of the statute of limitations.
What is MedPay coverage?
Medical Payments (MedPay) coverage helps cover your medical expenses regardless of who is at fault for the accident. Colorado requires all drivers to carry a minimum of $5,000 in MedPay coverage.
What if your car is damaged?
The at fault driver is liable for your damage. Contacting your insurance company or attorney can assist in getting the vehicle repaired. If possible document the damage with photos, and get estimates or invoices for repairs.
Do you need an attorney?
You are not required to have an attorney. However, consulting with an attorney experienced in personal injury lawyer can be highly beneficial. An experienced attorney can guide you through the process, protect your rights, negotiate with insurance companies, and ensure you receive fair compensation. The settlement is usually significantly higher than trying to settle without an attorney.
How do you find a reputable lawyer?
Black, Blink, & Associates are experienced in personal injury cases and offer free consultations. You can schedule a free consult by calling 719-328-1616. Researching a firm is important, checking their reviews can also provide insight into the firm’s client’s satisfaction level.
What should be asked to a potential lawyer during a consultation?
Inquire about their experience with similar cases, their fee structure (often contingency-based), the expected timeline, and their communication style.
Important note: This information is for general guidance only and is not a substitute for professional legal or medical advice. It is crucial to seek prompt medical attention and consult with a qualified Colorado personal injury lawyer to discuss your specific situation and ensure your rights are protected.
Black, Blink, & Associates LLC provides free consultations. Call 719-694-0578.