Every state in the country has different rules for resolving car accidents, typically taking either a “fault” or “no-fault” stance when it comes to assigning responsibility for damages. In a no-fault state, drivers must claim against their own auto insurance policies to recover from accidents regardless of fault. In a fault state, the at-fault driver is liable for all damages they caused to others. Colorado upholds the fault rule, so every driver in the state must have appropriate liability coverage in their auto insurance policy.
The first step in recovering from any car accident is determining who is at fault for causing the accident. Once you have identified the party responsible for your accident, an experienced attorney can be incredibly helpful in holding them accountable for the damages they caused. The Law Firm of Jeremy Rosenthal has helped many clients recover from serious car accidents, and we want all drivers in the state to know their rights and responsibilities under the fault rule for car accidents.
Proving Liability for a Car Accident
To secure compensation for losses another driver inflicted in a car accident, you must prove they are responsible for the accident and, therefore, liable for all resulting damage. The plaintiff in any personal injury claim must identify the party responsible for their damage, prove the true extent of those damages, and establish a clear causal link between the defendant’s actions and the plaintiff’s damages. When it comes to car accidents, auto insurance is the first step in recovering from these incidents.
You must prove the other driver caused your accident to file a successful claim against their auto insurance policy. Some of the most common causes of car accidents in the state include distracted driving, speeding, and moving violations. While most crashes occur because of negligence, it is also possible for intentional misconduct to result in a devastating car accident. No matter how your accident happened, an experienced car accident attorney will be essential for proving fault and helping you recover your losses.
Filing an Insurance Claim for Car Accident Damages
Once you have determined fault for your recent car crash, you can proceed with a claim against the at-fault driver’s insurance. State law requires all auto insurance policies to include “25/50/15” coverage. This means an auto insurance policy must provide at least $25,000 in bodily injury liability coverage per person with a minimum requirement of $50,000 in total accident coverage. The policy must also provide at least $15,000 in property damage liability coverage.
These coverage amounts may seem like enough to fully cover the damages from a car accident, but the reality is that many accidents result in damages that quickly eclipse at-fault drivers’ insurance coverage. Additionally, dealing with insurance companies can be tremendously difficult as they tend to look for every reason they can find to reduce or deny a claim settlement.
Your auto accident attorney can help you draft a demand letter to the at-fault driver’s insurance company and verify the terms of their policy. This will ensure you receive appropriate compensation under the terms of the at-fault driver’s policy and that you are prepared to address any disputes that may arise with your claim. Once you have obtained as much of a recovery as possible through auto insurance, you can proceed with a personal injury claim to seek compensation for any remaining damages insurance can’t cover.
Q: Who Is at Fault in a Rear-End Collision in Colorado?
A: When one driver hits another driver from behind, this is called a rear-end collision, and the driver behind is almost always to blame. Drivers are expected to leave enough room between their vehicles and the ones in front of them so they have enough time and space to slow down or stop to avoid a collision. It is possible for a leading driver to face partial liability if they have malfunctioning brake lights, suddenly stop or slow down without a legitimate reason, or if they commit a moving violation that leaves a trailing driver too little time to react and avoid an accident.
Q: How Much Is My Car Accident Claim Worth?
A: The total potential value of your car accident claim hinges on the severity of your damages. You have the right to seek full repayment of all the economic losses you suffered, and you have the right to pain and suffering compensation. While the latter is limited by state law, you can claim full compensation for any and all immediate and long-term economic losses resulting from the accident in question.
Q: Do I Need an Attorney to File an Auto Insurance Claim?
A: Legal representation is not required for you to file an auto insurance claim in Colorado. However, having legal counsel assist you can significantly improve the quality of the final recovery you obtain. Your attorney can draft your demand letter to the insurance company and resolve any disputes that arise on your behalf. If you cannot fully recover your damages with insurance, you will need an attorney’s assistance to file a personal injury claim and recover your remaining losses.
Q: How Much Does a Colorado Car Accident Attorney Cost to Hire?
A: The Law Firm of Jeremy Rosenthal accepts personal injury clients on a contingency basis. This means you do not pay upfront or ongoing legal fees during your case proceedings. Your attorney’s fee is “contingent” upon their ability to secure compensation on your behalf. When you choose our firm to represent you, you will only part with a percentage of your case award to pay for our services, and only if we win your case.
The Law Firm of Jeremy Rosenthal has years of professional experience handling Colorado car accident claims, including those involving insurance-related disputes. If you are hurt and struggling with the economic impact of a recent car accident someone else caused, we can help. Contact us today and schedule a consultation with our team to learn more about the legal services we can provide.