Common Misconceptions About
Car Accident Claims in Colorado
April 13, 2022
In 2021, there were 92,396 traffic crashes in Colorado, according to the Colorado Department of Transportation. When an individual is injured in a car crash, no matter how serious the injury is, they need to focus on their recovery. This can be difficult to do while facing expensive medical bills.
It’s important to remember that you have legal options after a car accident. It’s also extremely important to make sure you know what’s factual – and what’s fiction – when it comes to car accident claims.
After a car accident, be confident that you have all the right information. You should speak with an experienced personal injury attorney who can guide you through the car accident claims process in Colorado. At Gama Law Firm LLC, we handle your case personally instead of handing it off to a staff member. We have decades of trial experience if the insurance company won’t settle out of court, so we’re prepared to fight for you no matter what. Gama Law Firm is proud to serve clients in Aurora, Colorado, as well as Denver, Parker, Centennial, and Castle Pines.
Take a look at these misconceptions about car accident claims and find out the truth.
My own insurance company will be responsible for covering medical costs and damages to my vehicle.
You may have heard that your insurance company will pay for everything after a car accident. However, this is not necessarily true. Colorado is an at-fault state, meaning that if the other driver who was involved in the accident is at fault for the accident, then he or she may be responsible for damages.
To prove that the other driver was at fault, it is important to show that they neglected to perform their duty of care to a reasonable standard. For example, if the driver ran a red light or blasted through a four-way stop without looking, then they did not perform their duty of care.
I feel okay, so I don’t need to see
a doctor or healthcare professional.
Even if you believe that you were not injured, it is still extremely important to see a doctor or healthcare professional after a car accident. First, you may not be able to identify all of your own injuries. It’s also possible that your symptoms may appear later; sometimes you won’t feel the symptoms for days or even weeks after the accident.
Also, it’s important that you are able to show that you took the accident seriously. If you do not see a healthcare professional, an insurance adjuster may try to use that fact against you. They may say that since you didn’t seek medical help right after the accident, your injuries aren’t serious.
In fact, in Colorado, which is an at-fault state, the at-fault driver’s insurance company is likely to use the fact that you did not seek medical attention against you.
No matter how minor the accident was, make sure you see a doctor or a healthcare professional. Remember to keep copies of all your medical records because they are essential for your case. When you file an insurance claim, you will also need your medical diagnosis.
Because it was only a minor accident,
I don’t have to report it.
If the accident was small, you may think that you don’t need to report it to the police. However, in Colorado, you’re legally required to report the accident if there was any property damage, or if any person was injured, sustained serious bodily injury, or in the worst-case scenario, passed away.
Even if no one was hurt, in Colorado, if any of the vehicles were slightly damaged, you must report the accident to the police.
I was partially at fault for the accident,
but that won’t affect my financial compensation.
You may have heard that if the accident was only partially your fault, then that won’t affect the financial compensation you can recover. However, this is untrue. Colorado is a modified comparative negligence state, which means that if the accident was less than 50% your fault, then any financial damages (compensation) that you might receive will be reduced by that percentage. If it was more than 50% your fault, then you can’t receive compensation.
For example, if the accident was 25% your fault because you didn’t have your turn signal on while you were turning, and you were going to receive $10,000 in damages, then you would actually receive $7,500.
An attorney won’t make a difference
when filing a personal injury claim.
It may seem like it will be unnecessary to hire a lawyer after a car accident, but it’s important to know the facts. A lawyer can help facilitate the claims process and can negotiate with the insurance company to help you get a larger payout. Keep in mind that it’s important to hire a personal injury attorney specifically because they know the laws specific to the circumstances.
How Gama Law Firm Can Help
After a car accident, you need to focus on your recovery. If the car insurance company doesn’t offer a settlement that covers your bills, you can speak with an experienced personal injury attorney. At Gama Law Firm, we’ll put our decades of experience to work to help you seek compensation. Gama Law Firm is proud to represent clients in Aurora, Colorado, as well as Denver, Parker, Centennial, and Castle Pines. Contact us today to schedule a consultation.