In Colorado, securing financial compensation after an auto accident typically means filing a claim with the at-fault driver’s insurance company. Unfortunately, even in cases where the other driver’s insurance company acknowledges liability, it can be difficult to make sure you receive just compensation.
Then, there are accidents where liability isn’t clear (or, at least, the insurance companies say it isn’t clear). If the other driver’s insurer refuses to accept responsibility, it will be even harder to collect the compensation to which you are legally entitled. There are other factors to consider as well, and gaining a basic understanding of these factors is one of the first steps toward ensuring that you do not settle for less than you deserve.
Protecting Your Legal Rights After an Auto Accident in Colorado
The following are five key factors involved in pursuing a successful insurance claim after an auto accident in Colorado:
1. The Other Driver’s Fault (or “Negligence”)
In order for another driver’s insurance company to pay for your injuries, you must provide convincing evidence that the other driver was at fault in the accident. In legal terms, this is known as proving “negligence.” While there are numerous ways to prove that a driver was negligent (i.e. by proving that he or she was drunk, drowsy or distracted behind the wheel), you may need to act quickly in order to gather the evidence you need before it disappears.
2. Your Fault (if Any)
Under Colorado law, you cannot recover compensation for your injuries if you were 50 percent or more at fault in the accident. If there is evidence to suggest that you may have been speeding, following too closely or otherwise driving negligently, you will need to address this proactively in order to secure a financial recovery.
3. External Factors Involved in the Accident
While driver error is the leading cause of auto accidents, it is not the only factor that can lead to a serious collision. From road and whether conditions to vehicle defects and malfunctioning traffic signals, there are numerous external factors that can cause accidents as well. If an external factor is to blame for your injuries, you may be entitled to compensation, just not from the other driver’s insurance company.
4. The Extent of Your Injuries
The extent of your injuries is a critical factor in determining the amount of your financial compensation, regardless of the party (or parties) at fault in the accident. This means that you need to see a doctor promptly, and you need to obtain a thorough diagnosis of your accident-related injuries.
5. Legal Representation
Finally, when attempting to maximize your insurance settlement, your choice of legal representation matters. Proving fault and calculating your current and future losses is not easy, and you will want to choose an attorney who has significant experience handling auto accident claims.
Hire a Denver, CO Personal Injury Attorney for Your Auto Accident Insurance Claim
Our personal injury attorneys provide experienced legal representation for auto accident victims in Denver, CO. To discuss your case in a free and confidential consultation, contact the firm online today.