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What should I do if I am involved
in an automobile accident in Colorado?
AUTOMOBILE ACCIDENTS IN
COLORADO
This information is for people who have been
in an auto accident in Colorado, are hurt, believe the other driver
is at fault, and who have been in contact with the McDermott Law Firm.
Colorado Reverted to Pure
Fault Automobile Insurance on July 1, 2003
Between July 1, 1975 and July 1,
2003 Colorado was a "no-fault" automobile insurance state.
Effective July 1, 2003
Colorado's no-fault statute was repealed. Colorado is once
again a tort based automobile/motorcycle liability state.
For an article written by John
A. McDermott which appeared in the Canon City Daily Record on July 2,
2003 regarding the change in the law
click here.
Obtain Medical Treatment
If you have been injured you should obtain medical treatment, and follow whatever
appropriate medical advice you receive.
In Colorado, if you have automobile insurance, your own insurance company
will pay for your medical treatment up to the amount of any medical
payment provisions that are in your policy.
If you have other
health insurance available to you, you should notify that company
and have it pay for the cost of treatment over and above what your
auto policy provides, even though it may be entitled
to reimbursement if you recover money from the other driver.
If you don't have
sufficient med pay/health insurance,
you will need to identify medical providers that will agree to perform
services for you under a "lien" against any recovery you
may have in your case against the other driver. This is
something we will help you with.
Right to Recover from the Other Driver
If the other driver is at fault, you have a
right to recover all of your damages, regardless of severity, from
the other driver. This includes medical bills (whether paid
by you or by your med pay or health insurance; however, your "med
pay" or health insurance
may have a right to recover the amount it has paid), pain and suffering,
disability, disfigurement, and other economic and non-economic damages.
Dealing with the Other Driver or the
Other Driver's Insurance Company
This is the service we provide to you if we
are retained by you. We strongly encourage you to hire an
attorney to represent you if you have been injured in an automobile or
motorcycle accident. This is not something you can or should
attempt to do yourself.
The contingent fee that we agree to applies
to monies received from the other driver, the other driver's insurance
company, or from any other source, such as from any uninsured or
under insured motorist
coverage that may be available to you under your own policy.
If we have agreed to represent you or if we
are still preliminarily investigating, we should be the one communicating
with the appropriate liability insurance company from the beginning.
Do not sign anything, do not speak with anyone from the insurance
company, and refer all contacts with you to our office.
Uninsured and Under-insured Motorist
Coverage
Even if the other driver does not have insurance,
or if the insurance coverage the other driver has is insufficient
to cover your damages, your own policy
may provide adequate coverage. This is why your Colorado insurance
agent is required to offer uninsured and underinsured motorist coverage
to you when you buy insurance.
As part of processing any case we accept, we
will review your insurance policy to determine if this coverage is
available, and can be used.
The Time in Which to Take Action
Many different time limits may effect your
right to recover from the other driver or the other driver's insurance
company. Determining what time limits apply in any given case requires
thorough factual and legal analysis by a qualified attorney with whom
you have established an attorney-client relationship.
One time limit is very short, so it is of
particular importance to retain an attorney right away. If the
potential defendant or one of the potential defendants is the State of
Colorado or a local government or other political subdivision of the
state, appropriate steps must be taken to formally notify that
governmental entity within 180 days of the accident or the right to
sue is lost. If you believe that such a unit of government is involved
in any way, for example, if the other driver was employed by any
governmental entity, you should take action immediately, even if the
public employee is driving his or her private automobile.
There are other time limitations that may apply,
and there are tactical and procedural reasons to take prompt and timely
action no matter what the statute of limitations period is.
Again, you should promptly retain an attorney to review any time
limits which might be running.
If we have agreed to accept your case, we are
responsible for meeting the applicable time periods. If we have declined
to represent you it is your responsibility to meet these deadlines
if you ever intend to take action.
If we have declined representation we encourage
review of your situation by another attorney to advise you as to whether
or not you should be pursuing your case, and the time limits that
apply. |
