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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Effective July 1, 2003 Colorado's no-fault statute was repealed.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.
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 underinsured 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.