Car Accident Frequently Asked Questions (FAQs)

Being a victim of a car accident can mean you have to deal with a confusing and overwhelming recovery process. The more you know about your legal rights and financial options after an automobile accident in Colorado, the easier it will be to navigate your injury claim. 

Below, we’ve answered some of the most frequently asked questions (FAQs) we get about car accidents in Colorado so that you can learn more about this type of case. Schedule a free consultation at Fang Accident Lawyers for legal advice about a specific claim.

What Steps Should I Take After a Car Accident?

If you get involved in a car accident, the steps that you take matter, as they can either hurt your ability to recover compensation or lay the groundwork for a strong injury claim. If you can, here is what you should do: 

1. Pull over at the scene of the accident and check yourself for injuries. 
2. Get medical care without delay, even if you feel fine initially.
3. Exchange contact and insurance information with the other driver. 
4. Take photographs of the scene of the accident. 
5. Do not admit fault.
6. Call the police to report the crash, especially if it caused injuries, deaths or major property damage. 
7. Contact your own car insurance company to report the collision.
8. If the other driver is at fault, call his or her insurance provider to file a claim. 
9. Do not give the insurance adjuster a recorded statement. 
10. Do not accept a car insurance settlement offer until consulting with an attorney.

Don’t worry if you cannot complete all of these steps in the aftermath of a car, truck, motorcycle, bicycle or pedestrian accident. A car accident lawyer will be able to maximize your financial recovery either way.

Do I Have to Report a Car Accident in Colorado?

 In Colorado, serious car crashes must be reported to law enforcement. Any motor vehicle accident resulting in the injury or death of one or more persons or property damage appearing to exceed $1,000 must be reported to the police. Call 911 to get in touch with local authorities immediately, while you are still at the scene of the car accident. 

The police will arrive and may create an accident report if the crash is serious. If the police did not submit a crash report or you didn’t legally have to notify them, it is your responsibility as a driver to report the accident to the Colorado Department of Motor Vehicles yourself within 60 days.

What Is the Most Common Injury From a Car Accident?

The most common car accident injury reported among victims is whiplash. This is a soft-tissue neck injury that can be caused by the rapid forward and backward “whipping” motion of the head and neck in a car accident. 

Whiplash can cause symptoms such as neck pain and stiffness that may last weeks or months. Other common types of injuries include broken bones, lacerations, burns, internal injuries, spinal cord injuries and traumatic brain injuries.

Who Is Responsible for Paying for a Car Accident in Colorado?

In Colorado, the insurance carrier of the party at fault for an automobile accident is responsible for paying for a victim’s medical bills and property damage repairs. This is the rule under Colorado’s fault-based insurance law. An injured victim must prove that another party is at fault to receive payment from that party’s insurance provider.

What Should I Say to an Insurance Company After a Car Accident?

When you file a claim for a car accident in Colorado, an insurance claims adjuster will be assigned to evaluate your case. While the adjuster may seem friendly, he or she may use various tactics to take advantage of you and underpay your claim. 

Do not admit fault for the car accident or agree to give the adjuster a recorded statement. Do not give away too much information about the car accident or your injuries. If you are offered a quick settlement, do not accept until bringing it to a lawyer for review. It is likely less than the true value of your claim.

If you don’t feel comfortable dealing with an insurance claims adjuster on your own, you have the right to hire a Denver car accident lawyer to communicate with a car insurance company on your behalf and advocate for your best interests.

What If the Other Driver Doesn’t Have Insurance?

Colorado law requires all motor vehicle drivers to have at least $25,000 per person and $50,000 per accident in bodily injury or death liability insurance, plus $15,000 in property damage liability insurance. This type of insurance pays for expenses suffered by others in a car accident.

If the at-fault driver involved in your case was unlawfully driving without insurance or does not have enough insurance to fully pay for your losses, you may be able to receive supplemental coverage from your own car insurance provider. You may also have grounds to file a personal injury lawsuit against a third party, depending on the circumstances.

How Much Time Do I Have to File a Car Accident Lawsuit in Colorado?

A law known as the statute of limitations in Colorado places a time limit of three years on the right to file a car accident claim. Colorado Revised Statutes § 13-80-101(1)(n) states: 

• (1) “The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
  • (n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1).

In general, if more than three years pass from the date of the car accident, you will give up the right to file a personal injury lawsuit. Note that some exceptions can extend or shorten this deadline. This is also the required time limit for lawsuits only; car insurance claims should be filed much sooner.

Do I Need to Hire a Lawyer After a Car Accident?

The answer to this question depends on the facts of your specific case. If your case involves challenges such as serious or permanent injuries, the death of a loved one, or a liability dispute, it is in your best interest to consult with an attorney before proceeding.

A lawyer will understand Colorado’s car accident laws and how to navigate them correctly during your case. You can relax and concentrate on your physical and emotional recoveries while a lawyer handles your financial one. Contact us at Fang Accident Lawyers for a free case evaluation.