When Can Accident Victims Seek Compensation Outside of Med Pay?
In Colorado, all drivers have Med Pay insurance unless they specifically opted out of purchasing this coverage when they signed up for their policy. While Med-Pay provides no-fault coverage (meaning that insurers are supposed to pay regardless of who or what caused the accident), the policy limits are typically quite low (the standard limit is $5,000, which isn’t much for accident-related medical expenses), and Med Pay only covers medical expenses. As a result, many accident victims will find themselves needing to seek coverage outside of Med Pay, and they will need to hire a Denver injury attorney to represent them.
Seeking Compensation Outside of Med Pay Requires Proof of Liability
Med Pay is unique in providing no-fault coverage. The other primary type of insurance coverage for accident-related injuries – bodily injury liability (BIL) insurance – is a fault-based policy. This means that filing a successful BIL policy requires:
- The at-fault driver’s vehicle or insurance information;
- Evidence from the scene of the accident (and potentially other evidence such as video footage or phone records); and,
- The ability to convince the at-fault driver’s insurance company that you are entitled to fault-based compensation.
Within the context of a car accident, fault can take several different forms. For example, if any of the following factors were involved in your collision, you may be entitled to payment from the other driver’s auto insurance company:
- Talking on the phone, texting or using social media behind the wheel
- Driving under the influence of alcohol, marijuana or other drugs
- Speeding, tailgating, weaving through traffic or any other form of aggressive driving
- Merging without looking, braking too late or another common driving mistake
- Lack of driver experience or inability to drive safely in bad weather conditions
In order to secure coverage outside of Med Pay, you must be able to prove that the other driver’s negligence caused the collision. As the claimant, it is up to you (or your attorney) to present a convincing case for payment of compensation. While the insurance companies are required to investigate all claims, they conduct their investigations with their own best interests in mind. The burden is on you to establish that you are entitled to coverage, and this is one of several reasons why it is important to promptly hire an attorney to represent you.
Unlike Med Pay, BIL Insurance Covers All accident-related Losses
As we mentioned above, in addition to having low policy limits, Med Pay only covers accident-related medical expenses. But, in most cases, accident victims will suffer various other financial and non-financial losses as well. Bodily injury liability insurance provides compensation for all damages resulting from car accidents, and determining the full extent of your losses is another task that requires the advice and representation of an experienced Denver injury attorney.
Contact Us 24/7 for a Free Initial Consultation
If you were injured in a car accident and would like to help to deal with the insurance companies, we encourage you to contact us promptly to discuss your case. To speak with one of our highly-experienced Denver injury attorneys as soon as possible, call 303-333-8000 or inquire online today.