Steps in the Colorado Car Accident Claims Process

Being involved in a car accident is often a traumatic and stressful experience, and navigating the car accident injury claim process afterward can feel just as overwhelming. Whether dealing with medical bills, lost wages, or repairing your vehicle, understanding how this process works is essential to protecting your rights and securing fair compensation.

At Cannon Law, we understand that victims of car accidents face not just physical recovery but also financial and emotional burdens. That’s why we’ve created this comprehensive guide to help you navigate the car accident injury claim process with clarity and confidence. This article outlines every crucial step, from filing a claim to handling insurance negotiations and potential lawsuits, along with expert advice to improve your chances of a successful claim.

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What Is an Accident Injury Claim?

An accident injury claim is a formal request for compensation submitted to an insurance company or to a responsible party after a car accident.

This claim serves as a way to recover costs for damages like medical expenses, property damage, lost wages, and pain and suffering. When you file a claim, you ask the party at fault—or their insurance company—to reimburse you for your losses.

It’s worth noting that each state has statutes of limitations that determine how long you have to file your claim. For car accidents in Colorado, the law requires you to file a claim for a car accident injury within three years of the accident date. Filing outside of this timeframe may prevent you from recovering damages.

Types of Compensation You Can Claim

Three primary types of damages can be pursued in a car accident injury claim process, each playing a crucial role in ensuring victims receive fair compensation for their losses:

Economic Damages

These include measurable financial losses such as medical expenses, hospital bills, lost wages due to missed work, rehabilitation costs, ongoing therapy expenses, and property damage repairs or replacement. They reimburse out-of-pocket expenses directly linked to the accident, ensuring financial stability during recovery.

Non-Economic Damages

These cover intangible losses, such as physical pain, emotional distress, and loss of enjoyment of life. These damages aim to compensate for the psychological and emotional impact of the accident, including anxiety, depression, trauma, and overall diminished quality of life. They acknowledge the long-term struggles victims may face beyond financial burdens.

Punitive Damages 

These are not always awarded but may apply when the accident results from reckless or intentional misconduct (e.g., drunk driving, excessive speeding, or texting while driving). They serve to punish the wrongdoer, deter similar behavior, and emphasize accountability.

If you were injured in a car accident in Colorado, it’s important to understand what steps need to be taken to get the compensation you may be entitled to. Below is an overview of these steps: 

Ensure Safety and Gather Information

Before you do anything else, make sure you’re out of harm’s way. Once you’re safe, collect as much information as you can about the accident.

This includes exchanging contacts and insurance details with the other driver(s) involved and noting down the location, time, and weather conditions. Taking photos of the accident scene and any damages can also be very helpful when you’re filing your claim later on.

File a Police Report

Filing a police report is a crucial step after a car accident. This report offers an official account of the incident, which can be valuable when you make your insurance claim.

Contact the local police department as soon as possible and provide them with all the details of the accident. The officers will likely respond to the scene and document their findings.

Detailed Claim Investigation

The investigation phase is crucial to the success of your car accident injury claim process. Insurance companies and legal representatives will gather as much evidence as possible to determine the cause of the accident and the extent of your damages.

What Happens During the Investigation Process?

Accident Reports 

Police reports are often among the first pieces of evidence reviewed. According to Colorado law, law enforcement officers must file accident reports within five days of receiving notification or completing their investigation. These reports include important details like insurance information, witness statements, and safety features like deployed airbags.

Collecting Evidence 

The strength of your claim depends on the evidence you gather. Take photos of vehicle damage, road conditions, and any visible injuries from multiple angles to ensure clarity. Keep all medical bills, repair estimates, wage loss documentation, and official reports to strengthen your case.

Witness Testimonies 

Eyewitness statements are valuable in corroborating your account of the accident. Witness credibility can influence fault determination, as inconsistencies or unreliable testimonies may weaken your case. Clear, detailed accounts from unbiased witnesses carry significant weight in legal proceedings.

Evaluating Fault 

Colorado follows a “modified comparative negligence” rule. When found partially responsible for an accident, your compensation is reduced by your percentage of fault. For example, 20% at fault reduces your total claim by 20%, impacting your overall recovery.

Seek Medical Attention

Your health should be your top priority after an accident, so make sure you visit a doctor, even if you feel okay. Sometimes injuries aren’t immediately obvious, and a professional check-up ensures you’re safe.

Getting medical attention also creates a record of your injuries, which can be crucial when you’re filing your insurance claim. Don’t delay in getting help, as seeking medical treatment demonstrates the seriousness of your case to insurance companies and helps you get the care you need.

Contact a Personal Injury Lawyer

When you’re involved in a car accident, reaching out to a personal injury lawyer can make a big difference. A lawyer can guide you through the legal process and ensure that your rights are protected. Once you’ve gotten medical treatment and have a moment to rest, start considering reaching out to a personal injury lawyer. 

Contact Our Fort Collins Injury Lawyers

contact us CALL US (970) 471-7170

Notify The Insurance Companies

Contacting the insurance companies after an accident is important, and having your lawyer’s assistance can help you communicate effectively. Start by gathering all necessary documents, including the police report and medical records.

Then, with your lawyer’s guidance, call your insurance company to report the accident. Clearly explain the situation and let them know that your lawyer will be available for any further legal inquiries. 

Common Challenges in the Claims Process

The car accident injury claim process is rarely straightforward. Victims often encounter hurdles that can slow down or complicate their claims, such as uncooperative insurance adjusters, insufficient evidence, conflicting witness statements, or difficulties in proving the full extent of their injuries. Navigating these obstacles requires patience, legal knowledge, and a proactive approach to ensure a fair outcome.

Dealing with Insurance Companies

Insurance adjusters are trained to protect company profits by minimizing payouts. They may delay claims, deny liability, or offer low settlements to pressure you into accepting less than you deserve. Common tactics include requesting excessive documentation, disputing medical treatments, and shifting blame. Never accept the first offer without legal review, as it may not cover long-term medical expenses, lost wages, and pain and suffering.

Proving Liability

Establishing fault is not always easy, especially in multi-vehicle accidents. Each party may try to shift blame, complicating investigations and legal proceedings. Strong evidence, expert testimony, and legal representation are crucial for proving liability.

Medical Documentation Delays

Obtaining medical records and bills can take weeks or months, delaying the claims process. Regular follow-ups with healthcare providers, maintaining organized records, and requesting expedited documentation can help speed up retrieval and avoid unnecessary delays.

Negotiation Stalemates

Insurance companies may refuse to negotiate fairly. They often use delay tactics or undervalue claims to reduce payouts. Taking legal action becomes necessary when negotiations stall. An experienced attorney can advocate for you, counter unfair tactics, and ensure you receive a fair settlement.

Tips for a Successful Claim

To maximize your chances of a favorable outcome in your car accident injury claim process, follow these essential tips:

Seek Immediate Medical Attention

Even if your injuries seem minor, consult a doctor immediately. Some injuries may not become apparent until days or weeks after the accident. Immediate medical evaluation creates a medical record that serves as evidence for your claim.

Document Everything

• Take photos at the accident scene, including vehicle damage, injuries, and road conditions.
• Collect names and contact information from witnesses.
• Keep copies of medical bills, receipts, and correspondence with the insurance company.

Don’t Delay Filing Your Claim

Remember, in Colorado, you have three years to file your claim. However, starting the process as soon as possible is wise to avoid procedural complications and ensure you gather all necessary evidence and documentation.

Consult an Attorney

A skilled attorney can negotiate with insurance companies, gather evidence, and fight to get you the maximum compensation. Cannon Law in Fort Collins, CO, specializes in car accident claims and can help guide you through the process. Contact us at 970-682-1691.

Avoid Making Admissible Mistakes

Be cautious with what you share, especially on social media. Insurance companies may use your statements as evidence against you, potentially impacting claims and settlements or creating unnecessary challenges during the claims process.

Negotiate a Settlement

When it’s time to negotiate a settlement, having a clear understanding of your case is important. Work closely with your lawyer to review all the details and come up with an appropriate amount to request. Your lawyer will help you communicate your needs to the insurance company and advocate for the best possible outcome. 

What Happens After You File a Lawsuit?

When settlement negotiations do not result in fair compensation, the next step is filing a lawsuit. This process follows a structured legal path, including evidence gathering, mediation attempts, and possibly a trial. Understanding these stages helps accident victims prepare for what lies ahead in the car accident injury claim process.

Discovery Phase

The discovery phase is a lawsuit’s longest and most crucial stage. During this period, both parties gather and exchange evidence, including police reports, medical records, witness statements, and accident scene photos. Attorneys conduct depositions, where witnesses, medical professionals, and accident reconstruction experts provide sworn testimonies under oath. This phase can last several months, depending on the complexity of the case and the amount of evidence involved. Discovery aims to build a strong legal argument that supports a fair resolution or prepares for trial.

Mediation

Before trial, both parties attempt mediation, in which a neutral third-party mediator helps them reach a mutually acceptable settlement. Mediation is less formal and more cost-effective than a trial, making it a preferred option in many cases. An experienced mediator facilitates discussions, helping both sides find common ground. While mediation is not legally binding, many cases are resolved at this stage, saving time and legal expenses. When an agreement is not reached, the case moves forward to trial.

Trial

At trial, a judge or jury evaluates the evidence, hears witness testimonies, and determines fault and compensation. Attorneys for both sides present arguments, cross-examine witnesses, and introduce expert opinions. The trial process can last anywhere from a few days to several weeks, depending on the case’s complexity. Verdicts rely on the strength of the evidence and legal arguments presented.

Settlement or Verdict

Most car accident cases settle without going to trial since the two sides want to steer clear of the risks and costs involved in going to court. Accident victims benefit from settlements as they get money quicker and sidestep extended court fights. When a settlement is not reached, the case proceeds to a verdict, where the judge or jury determines the compensation amount. The final judgment sets the amount of money the plaintiff receives for medical expenses, lost wages, pain and suffering, and other losses. By law, the defendant (or insurance carrier) must pay the awarded amount in a lump sum or structured payout.

Cannon Law’s Proven Track Record in Car Accident Cases

$1.25 Million
Car Accident / Wrongful Death
Sam represented the mother of a young man who died in a car accident, recovering substantial damages.

$1.2 Million+
Car Accident / Traumatic Brain Injury

Our client suffered severe brain and back injuries when a distracted driver rear-ended her. The trial team of Sam Cannon, Kate Hulme, and Lisa Keller fought for six days in court, securing a jury verdict in favor of our client. Combined with insurance claims, her total recovery exceeded $1.2 million.

Consider Filing a Lawsuit (if necessary)

If negotiations don’t lead to a settlement you would be happy with, you might consider filing a lawsuit as the next step. This is where you try to obtain compensation directly from the at-fault driver. One of the most important parts of the trial phase is the discovery process.

During discovery, you exchange documents and other information that will be used in court, which can make or break a case. Having a reliable Fort Collins car accident attorney by your side is crucial during this time, as they’ll help ensure everything is organized and nothing important gets overlooked. 

Understanding these steps is important for those who have been injured in an accident. For help from a professional, contact us today to schedule a free consultation with a Fort Collins personal injury lawyer. 

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This page has been written, edited, and reviewed by our team of legal writers following strict editorial guidelines.