Do You Have to Go to Court for a Car Accident?

Personal injury claims resulting from car accidents are typically settled in negotiations with the insurance company. However, knowing how much to settle for and when to settle your car accident case can be stressful.

Prior to settling any car accident claim, you must know your total damages amount and any additional compensation to which you are entitled under Colorado law. If you have a valid car accident claim and the insurance company refuses to pay, stalls, or mistreats you, you may have to pursue accident compensation in court.

The following provides general information about car accident negotiations and recovering accident-related damages in courtroom litigation. If you need specific case information, speak with an experienced car accident attorney in Denver.

Do You Have to Go to Court for a Car Accident

Negotiating Your Car Accident Claim

In Colorado, most car accident claims are filed with the at-fault driver’s insurance company. Once a claim is filed, the case is assigned to an adjuster. The insurance adjuster investigates the accident and determines a claim value. 

Anything you say to the insurance adjuster can be used to deny your claim, lessen its value, or shift blame for the accident to you. It is wise to talk to a car accident attorney before you make any statements to the adjuster.

When speaking with the insurance adjuster, do not:

  • Admit fault or apologize for the accident;
  • Volunteer information. Answer questions directly; or
  • Allow your statement to be recorded.

If you retain a car accident attorney, your attorney will handle all phone calls, correspondence, and negotiations with the insurance adjuster. Your attorney will also ensure the insurance company does not take advantage of you.

Settling Your Car Accident Claim

You may settle your car accident claim during negotiations with the adjuster or in an informal settlement process like mediation. Your attorney will advise you of any accident-related compensation you are entitled to. 

These may include but are not limited to:

  • Current and future medical expenses;
  • Lost wages;
  • Loss of earning potential;
  • Mental health treatment;
  • Mental and emotional trauma;
  • Pain and suffering; and
  • Property damage.

If the insurance company refuses to offer a just settlement, your attorney may suggest your case proceed to litigation.

Taking Your Car Accident Case to Court

Taking your car accident case to court is a complex legal process and can be risky. Both sides of an accident case face the possibility of losing time and money.

Your attorney will advise you if a trial is in your best interests and guide you through the process step-by-step. Due to uncertainties of litigation, many cases settle ahead of their trial date.

Contact an Experienced Denver Car Accident Attorney Today

If you were in a car accident and have concerns about your claim, the attorneys at Kane Dulin McQuinn Young can help. Our Denver firm was built by successful trial lawyers who take the fight to insurance companies.

Let Kane Dulin McQuinn Young review your claim at no cost and advise you of your legal options. Call our Denver office at (303) 246-1111 to schedule your appointment.

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