Car accidents can be devastating, leaving victims with serious injuries, emotional trauma, and mounting financial burdens. In Colorado, over 94,000 crashes were reported in 2023, resulting in 644 fatalities.
Navigating the aftermath of an accident can feel overwhelming, especially when dealing with insurance companies, medical bills, and legal complexities. At Manning Law, we understand how challenging this time can be.
In this post, we will answer some of the most frequently asked questions about car accidents in Colorado.
1. What are the Insurance Requirements for Drivers in Colorado?
Colorado is an at-fault state, meaning the driver responsible for the accident is financially liable for damages. So, all drivers must have car insurance with the following minimum coverage:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to multiple people
- $15,000 for property damage
You should also have uninsured motorist (UM) and underinsured motorist (UIM) coverage to protect you in case the other driver is uninsured or doesn’t have enough coverage. Although this insurance is optional, the insurance company must offer it unless you decline in writing.
2. What Happens if I’m Partially at Fault for the Accident?
Colorado follows the comparative negligence rule. If you are partially responsible for the accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are 20% at fault for the accident, you would only receive 80% of the damages awarded.
3. How Long Do I Have to File a Car Accident Claim in Colorado?
In Colorado, the statute of limitations for personal injury claims is three years from the date of the accident. If you are filing a claim for property damage, the deadline is also three years. However, it’s always best to consult with an attorney as soon as possible to ensure you meet any deadlines and preserve your legal rights.
4. Do I Need an Attorney After a Car Accident in Denver?
While it’s not mandatory, hiring an experienced personal injury lawyer can significantly benefit you, especially if you are dealing with a complex case. A competent attorney can help you understand your rights and get the compensation you deserve. They can file the paperwork, negotiate settlements, and represent you in court if needed.
5. What Should I Do Immediately After a Car Accident?
Here is what you should do after a car accident in Colorado:
- Move to a safe location if possible and check for injuries.
- Call 911 to get police and emergency services on the scene if anyone is injured.
- Take photos, gather witness statements, and exchange contact and insurance details with the other driver(s).
- You may be required to file a report with the police, especially if there are injuries or significant property damage.
- Even if you feel fine, some injuries may not be immediately apparent.
6. What Types of Compensation Can I Recover After a Car Accident in Colorado?
Depending on the circumstances of the accident and your injuries, you may be entitled to compensation for the following:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
7. Can I Recover Compensation If I Was a Passenger in the Accident?
Yes, passengers can file personal injury claims if they are injured in a car accident, regardless of who caused the accident. Passengers can file claims against the at-fault driver’s insurance policy for damages such as medical bills, lost wages, and pain and suffering.
8. What Should I Do if the Other Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, you can file a claim with your own uninsured motorist (UM) coverage. Colorado law requires drivers to carry UM insurance, which will cover medical expenses, lost wages, and other damages if you are involved in an accident with an uninsured driver. If the other driver is underinsured, you may also be able to file a claim with your underinsured motorist (UIM) coverage.
9. What Happens if the Accident Involves a Hit-and-Run Driver?
In the case of a hit-and-run, you should report the accident to the police immediately. If the driver is not found, you can file a claim with your own uninsured motorist (UM) coverage. The police will attempt to locate the driver, and if they are identified, you may be able to pursue a claim against them.
10. Can I File a Lawsuit Against the Other Driver?
Yes, you can file a lawsuit if you have significant injuries or if the insurance company is unwilling to offer a fair settlement. A car accident attorney will help you gather evidence, prove fault, and ensure your rights are protected during litigation.
11. How Does Fault Affect a Car Accident Claim in Colorado?
Colorado follows the comparative negligence rule, which means that if you are partially at fault for the accident, your compensation will be reduced based on your percentage of fault. For example, if you are determined to be 30% at fault, your compensation will be reduced by 30%.
12. What Happens if I’m Injured in a Car Accident in Denver During Winter Conditions?
Denver’s winter weather can increase the likelihood of accidents due to icy roads and snow. If you’re involved in an accident during winter conditions, your claim will still follow the standard process, but weather conditions can be a factor in determining fault. It’s essential to document the weather conditions and any contributing factors, such as poor road maintenance, which may affect your claim.
13. Can I Recover Damages if I Was Injured by a Distracted Driver in Denver?
Yes, you can recover damages if you were injured by a distracted driver. Colorado has strict laws against distracted driving, including texting while driving. If the other driver was distracted, you may be entitled to compensation for your injuries and damages.
Need Help with Your Car Accident Lawsuit?
Dealing with the aftermath of a car accident is easier said than done, but you don’t have to navigate it alone. Whether you’re facing mounting medical bills, insurance disputes, or questions about your rights, Manning Law is here to help.
Our experienced team understands the intricacies of Colorado car accident law and is committed to securing the compensation you deserve. From negotiating with insurance companies to representing you in court, we will stand by your side every step of the way. Call us for a free consultation today!
