Blog

Being injured in an accident that wasn’t your fault can leave you feeling confused and uncertain about what comes next. You might be thinking, “If the other driver was clearly at fault, shouldn’t their insurance just take care of everything?” While this seems logical, the reality is often more complicated. Insurance companies have their own interests to protect, and what seems like a straightforward claim can quickly become overwhelming when you’re trying to recover from your injuries.

This post will explain why having an experienced Colorado personal injury attorney on your side matters, even when fault seems obvious. We’ll walk you through what really happens after an accident, how Colorado’s laws work, and when legal representation becomes essential to protect your rights and ensure you receive fair compensation.

What “Not at Fault” Really Means Under Colorado Law

Colorado follows a “comparative negligence” rule, which means that even if another driver caused your accident, the insurance companies will still examine whether you or some other entity and or person contributed to what happened in any way. Under C.R.S.  § 13-21-111, if you’re found to be less than 50% at fault, you can still recover compensation, but it will be reduced by your percentage of fault.

For example, if you were rear-ended while stopped at a red light but your brake lights weren’t working, an insurance company might argue you were 10% at fault. If your total damages were $50,000, they could reduce your settlement to $45,000. This is why having someone who understands Colorado law review your case is crucial, even when the accident seems straightforward.

How Insurance Companies Handle “Clear” Fault Cases

Insurance adjusters are trained professionals whose job is to minimize payouts, even in cases where their insured driver was clearly responsible. They may use several tactics:

Quick Settlement Offers: They might contact you within days of the accident with what seems like a reasonable offer hoping you’ll accept and sign a full release before understanding the full extent of your injuries or damages.

Recorded Statements: They’ll ask for a recorded statement “just to get the facts,” but these statements can be used to find ways to reduce your claim.

Disputing Medical Treatment: Even with clear fault, they may question whether your injuries were really caused by the accident or if your medical treatment was necessary and related to the crash.

Why You Shouldn’t Handle an Insurance Claim Alone

Understanding the True Value of Your Claim

Most people don’t realize what they’re entitled to claim after an accident. Beyond medical bills and lost wages, you may be entitled to compensation for:

• Future medical expenses if you need ongoing treatment
• Lost earning capacity if your injuries affect your ability to work
• Pain and suffering compensation
• Property damage beyond just vehicle repairs
• Out-of-pocket expenses related to your recovery
• Permanent impairment damages for lifelong injuries

An experienced personal injury attorney can properly evaluate all aspects of your damages to ensure you’re not settling for less than you deserve.

Dealing with Medical Bills and Insurance

Colorado’s healthcare system and insurance requirements can be complex. You might have medical bills piling up while waiting for the at-fault driver’s insurance to pay. Understanding how your automobile insurance – medical payments coverage applies, and how to coordinate benefits between different insurance policies including your own health insurance, auto insurance and other family member’s auto insurance requires specific knowledge that experienced Colorado attorneys possess.

Protecting Your Rights During Recovery

While you’re focused on healing, deadlines are ticking. Colorado has a three-year statute of limitations for most personal injury claims (C.R.S. § 13-80-102), but insurance companies often push for much quicker resolutions. Having an attorney handle communications allows you to concentrate on your recovery while ensuring your legal rights are protected.

When Legal Representation Becomes Essential

Serious Injuries or Long-Term Effects

If your injuries require emergency room treatment, surgery, or ongoing medical care, the stakes are too high to navigate alone. Insurance companies will scrutinize serious injury claims more carefully, and you need someone who understands medical terminology, can work with your healthcare providers, and knows how to document the full impact of your injuries.

Disputed Fault or Multiple Vehicles

Even if you believe fault is clear, the insurance company might disagree. In multi-vehicle accidents, determining fault becomes more complex. Colorado’s comparative negligence law means multiple parties could share fault, affecting how much compensation you receive from each party’s insurance.

Uninsured or Underinsured Drivers

Unfortunately, not all Colorado drivers carry adequate insurance. If the at-fault driver doesn’t have enough coverage to pay for your damages, you may need to pursue compensation through your own uninsured/underinsured motorist coverage. These claims often require different strategies and can be more complex to navigate.

How the Right Personal Injury Attorney Protects Your Interests

Thorough Investigation and Documentation

An experienced attorney will conduct a comprehensive investigation of your accident, gathering evidence that insurance companies might overlook or ignore. This includes obtaining police reports, interviewing witnesses, reviewing traffic camera footage when available, and working with accident reconstruction experts if necessary. Furthermore, an experienced attorney will explore all applicable insurance policies to maximize your potential recovery. 

Managing All Communications

Your attorney handles all communications with insurance companies, protecting you from insurance companies’ tactics designed to minimize your claim. They know what information to provide and what questions to redirect, ensuring you don’t inadvertently harm your case.

Negotiating Fair Settlements

Insurance adjusters negotiate settlements every day – it’s their job. Most accident victims negotiate a settlement once in their lifetime, if ever. Having an experienced personal injury attorney who understands the true value of your claim, knows effective negotiation strategies and understands applicable Colorado Law helps level the playing field.

Preparing for Trial if Necessary

While most personal injury cases settle out of court, insurance companies are more likely to offer fair settlements when they know your attorney is prepared to take your case to trial if needed. This preparation often leads to better settlement outcomes without ever stepping foot in a courtroom.

A Real Colorado Case Example

We recently represented a client who was struck by a distracted driver while biking through an intersection in Lakewood, CO. The driver’s insurance company initially accepted fault and offered to pay medical bills. However, our client’s injuries proved more serious than initially apparent, resulting in our client not being able to work full time and putting his future career in jeopardy. The insurance company began questioning whether the bike versus car crash caused all of his injuries.

Through careful documentation of medical records, expert medical and economic opinions, litigation and negotiation, we were able to secure a settlement that covered not just his immediate medical bills, but his ongoing treatment needs and future and past lost income. The insurance company’s initial offer would have covered less than a quarter of his actual damages.

Past results do not guarantee future outcomes.

Making the Decision That’s Right for You

Most personal injury attorneys in Colorado work on a contingency fee basis, meaning you don’t pay attorney fees unless you recover compensation. Many firms, including ours, offer free consultations where you can learn about your rights and options without any financial commitment.

During a consultation, an experienced attorney can help you understand:

• The strength of your claim
• Potential challenges you might face
• Whether you’re likely to recover more with legal representation than handling the claim yourself

Don’t Face This Alone – We’re Here to Help

If you’ve been injured in an accident that wasn’t your fault in Colorado, you don’t have to navigate the insurance claims process alone. At Buckley Simpson Law, we understand the stress and uncertainty you’re facing. We’re here to listen to your story, explain your options in plain language, and help you make the best decisions for your situation and your family.

Contact us today for a free consultation. We’ll review your case, answer your questions, and help you understand the path forward – with no pressure and no obligation.