After a car accident, you may wonder who to look to for reimbursement. Do you turn to your own car insurance provider or rely on the other driver’s policy to cover your property loss, medical expenses, and other accident-related costs?
Responsibility for car accident damages varies from state to state based on a state’s car insurance fault system.
Colorado is a Fault-Based Car Insurance State
Colorado is a fault-based car insurance state. In Colorado, the party responsible for an accident is liable for any accident-related expenses.
This means a car accident victim or their attorney must file an insurance claim with the responsible party’s insurance company for compensation.
What If the At-Fault Driver Does Not Have Car Insurance?
When an at-fault driver does not have car insurance or does not have enough car insurance to cover an accident victim’s damages, the at-fault driver may be personally sued. A victim also has the option of seeking damages from their own insurance company if they carry uninsured or underinsured motorist insurance, collision coverage, or MedPay.
What If I Was Partially at Fault for My Accident?
Colorado operates under the law of comparative negligence. This means that an accident victim may recover damages for an accident even if they were partially at fault for their injuries. However, any compensation award will be reduced by the victim’s percentage of fault.
For example:
- A victim is determined to be 30% at fault for their accident;
- The court awards that victim $100,000 in compensation for their injuries;
- The $100,000 award is reduced by 30% or $30,000; and
- The victim is left with a damages award of $70,000.
Anyone found more than 50% at fault for an accident in Colorado is barred from receiving compensation from the other party to the accident.
How an Experienced Colorado Car Accident Attorney Can Help
Car accident attorneys are a valuable asset when negotiating or litigating a damages claim. Whether you find yourself involved in a battle with another person’s insurance company or your own insurer over accident-related expenses, a skilled Denver personal injury attorney can help you get the compensation you are entitled to for your losses.
Damages in a Colorado car accident claim may include but are not limited to:
- Lost wages;
- Loss of earning potential;
- Medical bills, prescriptions, and hospital stays;
- Property damage and replacement; and
- Pain and suffering.
Do not accept a settlement offer from an insurer without speaking to a Colorado car accident attorney. Car accident settlements are final regardless of future unexpected costs.
Speak with a Denver Car Accident Attorney Today
If you suffered car accident injuries through no fault of your own, consult with a skilled attorney at Dulin McQuinn Young today. One of our knowledgeable Denver car accident attorneys can meet with you at no cost and answer your questions about the accident claims process and who you may sue for damages.
If you qualify for recovery, Dulin McQuinn Young can start your case right away. Act now as Colorado has strict deadlines or statutes of limitations for filing car accident claims and contact us for a free consultation.