Since 2003, Colorado has been an at-fault state for car accidents. That means you must show that the other party was at fault in the accident before their liability insurance will pay your claim.
Colorado uses modified comparative negligence statutes in personal injury claims, so it is unnecessary to prove the other driver was 100 percent at fault (although, in some cases, they might be). Instead, you will need to demonstrate they were more than 50 percent responsible for the accident so that you can collect damages. If you are assigned less than 50 percent of the fault, the percentage attributed to you will be deducted from the damages awarded.
For instance, if you have $10,000 in damages and are 10 percent at fault, you would only receive $9,000.
Key Takeaways
- In Colorado, car accident claims rely on proving fault, with the modified comparative negligence law allowing you to recover damages as long as you’re less than 50% at fault.
- The length of the car accident settlement process can vary depending on factors like damages, evidence, and the insurance company’s willingness to negotiate.
- Insurance companies may attempt to minimize your claim or dispute fault to reduce the payout. Working with an attorney ensures you don’t settle for less than you deserve and that all your damages, including medical bills, lost income, and pain and suffering, are properly accounted for.
How Long Does the Car Accident Settlement Process Take?
Multiple factors affect how long the process takes, including:
- Your damages. If you only had minor injuries and car repairs, the settlement process will probably move faster than if you had severe injuries, a totaled car, etc.
- How difficult it is to prove fault. In some cases, the evidence is relatively straightforward, and we don’t need to spend a long time proving the other driver was at fault to their insurance company. Other cases are more complex and may require us to gather and explain evidence to the insurance adjuster. In many car accidents, both drivers have made mistakes, and it could take time to show that the other party was mostly at fault and you had relatively little responsibility.
- The response time of the insurance company. Often we communicate with the insurance company on your behalf, explaining your damages and how much you’re requesting for them. The insurance company will eventually respond by asking for clarification or documentation, refusing the request, or making an offer. But in the interim, sometimes days, weeks, or even months might pass. We follow up with the insurer when necessary, but even then, sometimes they still take their time.
- The schedule of the local court. The majority of car accident cases are ultimately settled out of court. However, we sometimes begin by filing a lawsuit. We then file motions, request evidence for discovery, etc. During this process, we will continue negotiations with the other party or their insurance company, but in the meantime, we may have to schedule hearings, argue motions, and complete other processes that involve the court. Because the court oversees many cases, sometimes we wait weeks or months for a hearing date.
As you can see from the list above, it’s hard to give a specific answer about how long the settlement process takes because the length can be highly variable. Some cases may be resolved in a few months, while others could take two years or longer. We can give you a more accurate estimate once we know more about the particulars of your case.
Do You Have to Go to Court to Prove Fault?
Probably not. In a few cases, it’s necessary if the insurance company won’t agree to a fair settlement despite considerable evidence of the other driver’s culpability. However, most car accident cases are settled out of court with the insurance company.
How Do You Begin the Car Accident Settlement Process?
The first step is to contact a car accident lawyer about your case. We will help you determine your damages and begin the claims process with the other driver’s insurance company. Additionally, we will also investigate the accident to collect as much evidence as possible in your favor. This will be helpful if the other driver claims they weren’t at fault and the insurance company takes their side.
What Kind of Evidence Do You Look for?
Our investigators will attempt to find any video or photographic evidence from the scene. If you took pictures after the accident, we would review these. Sometimes we visit the scene to look for traffic cameras or security or doorbell cameras. If there is a video of the accident, it’s imperative that we locate it right away because videos are frequently erased to free up storage space. This is one of several reasons why it’s essential to contact a lawyer as soon as possible.
We may also knock on doors around the accident scene, looking for additional witnesses who may have been missed in the police report. Additionally, we can request access to the black box data from both cars, revealing information like the speed and direction in which each vehicle was moving at the time of impact.
Car accidents can cause life-altering injuries and leave you with significant financial burdens. If you’ve been hurt due to someone else’s negligence, you may have the right to compensation. Our car accident lawyers are here to help you get justice.
Do I Really Need a Lawyer, or Can I Just Ask the Insurance Company to Pay My Bills?
The Insurance Company Looks Out for the Insurance Company
An insurance company is a business, and every business’ goal is to make money for the shareholders. They accomplish this by paying as little as possible per claim – or refusing to pay some of the claims. People who handle their own cases often run into one of the following situations:
- The insurance company claims the accident was all or mostly your fault, so they don’t have to pay. This frequently happens in cases where the police report was inconclusive, which is not unusual. If there is little evidence at the scene and the drivers disagree about what happened, the police may not have cause to ticket anyone. The insurance company adjuster then sides with their client, who claims you were at fault. Refuting this kind of claim requires the help of an experienced attorney and investigation team.
- The insurance company accepts that their client was at fault and makes you an offer. To most people, this sounds like a good outcome. The problem is that insurance companies frequently offer much less than the claim is actually worth, and calculating your damages can be tricky. We’ve met many clients who hadn’t considered some of their damages. If you get an offer from the insurance company quickly after an accident, that’s a good indicator that the insurance carrier may be devaluing your claim. We urge you to have a personal injury lawyer review the offer before signing anything.
- The insurance company argues the percentage of fault. In this situation, the insurance adjuster may accept that their client did something wrong in the accident but argues that you were also at fault. As a result, they offer you a reduced sum to compensate for your percentage of fault. Again, it’s difficult for laypeople to figure out their own percentage of responsibility in an accident, and the insurance adjuster may overestimate this number. An experienced attorney can fight for your right to compensation by presenting evidence that the other driver carries most of the blame.
Understanding Modified Comparative Negligence
Claiming the policyholder wasn’t at fault is often an easy way for insurance companies to save money. First, they don’t have to prove you were totally at fault. As long as they can make a case that you had some responsibility, they can reduce the amount they owe you under Colorado’s modified comparative negligence statutes. These allow for two parties to share fault in an accident or injury situation like a car crash. The party with more than 50 percent responsibility is expected to pay damages to the party with less than 50 percent fault.
But the party with less fault will lose whatever percentage of responsibility they had from the final award. So if your damages were $12,000 and you were 15 percent at fault, you would only receive $10,200, and the insurance company would save $1,800. But if the insurance company offered a compelling case that you were 55 percent at fault, you wouldn’t receive anything and could be expected to pay damages to the other party.
Your Lawyer Can Help You Assess Your Damages
Your car accident attorney will go over potential damages with you. This part of the process is very important because many people have more damages than they realize. If the insurance company undervalues your claim, it’s essential to know what it’s actually worth so you can pursue a fair amount.
Possible damages include the following:
- Medical bills. Don’t forget about future bills if you are still in treatment, in addition to any bills you have currently. Some people also have related expenses like travel costs to see a specialist, mobility aids, or equipment to help with at-home physical therapy exercises.
- Lost income. Did you have to take time off work because of your car accident injuries? Even if you had paid time off, you could still seek compensation for this lost income. Additionally, if you suffered a permanent injury or disability and are no longer able to work at all or to do the same job at the same pace, you might pursue damages for lost earning potential.
- Property damage. You will want your car repair costs covered, and under Colorado law, you might also seek compensation for your car’s diminished value.
- Pain and suffering. Unlike some of the other damages, this is non-economic damage – it doesn’t come with a bill for a specific amount of money, like a hospital bill. Nevertheless, your physical and emotional pain and suffering are actual damages, and your attorney will help you arrive at a reasonable amount of compensation for them.
- Permanent disability or disfigurement. Whether or not it affects your ability to earn income, you should also be compensated for any permanent injury that causes disability or disfigurement.
- Wrongful death. If the car accident led to the death of a loved one, you might be able to file a wrongful death suit if you are the deceased’s spouse, heir, or parent. Possible damages would include funeral and burial expenses, medical bills related to the death, loss of consortium or companionship, and financial support if the deceased was the primary earner for the family.
Contact Olson Personal Injury Lawyers for a Free Consultation
If you have questions or concerns about your car accident case, please contact Olson Personal Injury Lawyers by calling (970) 633-3673 for a free consultation to learn your options. Attorney Sean Olson founded the firm with the goal of listening to and assisting accident victims with their claims. We always fight to get our clients a fair settlement and to make the process as simple as possible so you can focus on your recovery.
