Monthly Archives: November 2017

What is the Difference Between 1st and 3rd Party Auto Insurance Claims?

This is the first of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. We will begin by looking at Colorado’s auto insurance system historically, as it has changed considerably in recent years. Next, we will assess current market conditions in the state and explain and differentiate first-party claims from third-party claims in the auto insurance system. In 2003, the state repealed the existing “no-fault” auto insurance system that was in place for 30 years. The Governor felt
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What if the Insurance Company Refuses to Pay?

Insurance is well established in our society as a way to limit risk and provide economic security. Both individuals and businesses use various insurance products for everything from cars, health, homes and more. The insurance industry is also among those most subjected to regulation. Each state assigns a department to be responsible for oversight of financial dealings involving insurance companies. States have drafted provisions that specify the standards that companies are to adhere to. According to the recent Colorado Division of
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Colorado Supreme Court Addresses Physician/Patient Privilege

The Colorado Supreme Court recently heard arguments in the case of Bailey v. Hermacinski. This matter centers on “ex parte communications with doctors, undue influence and residually privileged information.” Ex parte communications in civil matters refers to the idea that a court may proceed with a motion without presenting the issue to, or obtaining a response from, the opposing party. The case resurrects the longstanding law regarding confidentiality between medical providers and their patients known as “physician/patient privilege.” This concept is similar to
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Smart Cars May Help in Roadkill Accident Prevention

Roadway crashes between vehicles and animals is a nationwide problem. State Farm Insurance data indicated that in 2014, Americans had 1.25 million collisions involving deer that led to an estimated $4 billion in damage, which doesn’t include dozens of other species of animals. The Insurance Institute for Highway Safety reports that approximately 200 fatalities occur from such accidents annually. Here in Colorado, the problem is evident, as in 2016 there were nearly 6,900 animal collisions reported. The Colorado Parks &
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Fatal Hit & Run Vehicle Accidents Continue Along Colorado Roadways

Zachary Schlagel, an 18-year-old from Windsor was killed in an accident on Austin Bluffs Parkway at Stanton Road in Colorado Springs recently. The El Paso County Coroner says he died from injuries inflicted in the collision. Schlagel and two other pedestrians were crossing lanes when a truck crashed into them. Another pedestrian escaped with only minor injuries. Police identified the truck and driver, but he has not yet been apprehended. Since 2014, the volume of traffic deaths in Colorado has risen nearly
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