After a car accident, you need sophisticated and trustworthy legal representation to help you recover every penny of compensation that you deserve. At Robinson & Henry, we will work hard on your behalf to help you to understand your recovery options.
Your Options after a Car Accident
In Colorado, there are three ways that you can recover compensation after a car accident. You may:
- File a claim with your insurance company;
- File a claim with the other driver’s insurance company; or
- File a lawsuit against the at-fault party in civil court.
If you were completely at fault for the accident, the latter two options are not available – instead, you will need to turn to your own insurance policy’s medical payments coverage and collision coverage. Neither of these insurance types are required, but are recommended (refer to the Rocky Mountain Insurance Information Association for more information about required and optional insurance coverage in Colorado).
If you were not at fault for the accident, you can still recover medical payments coverage and collision coverage from your own insurance, but you can also pursue a claim against the other driver (or their insurance).
Understanding Fault in a Car Accident
If you go after the other driver, you will need to prove fault in order to recover the compensation that you deserve. Your claim must prove that the accident, and your injuries, would not have occurred but for the fault – or negligence – of the other driver. Examples of fault include speeding, driving drunk, talking on a cellphone, and running a red light.
Colorado is a modified comparative fault state. What this means is simply that if both you and the other driver are at fault for the accident, each party is held responsible for damages in proportion to their degree of fault. In other words, if the other driver was 90 percent at fault, then your recoverable damages amount will be reduced by 10 percent. You can recover damages as long as you were not 51 percent or more at fault for the crash.
Proving fault is one of the most complicated parts of the claims process. Collection of evidence, including eyewitness testimony, pictures, video footage, police reports, and accident reconstruction data may all be an essential part of establishing the negligence of the other party.
Why Choose Robinson & Henry
Even if fault is clear, the value of the damages you have suffered may not be. In fact, while the insurance adjuster may agree with you about how the accident happened, they may not agree with you about how much you’re owed. To help you recover your maximum compensation amount, contact our skilled Denver car accident lawyers at the law offices Robinson & Henry today. We also have car accident lawyers at our Colorado Springs and Castle Rock offices. We have an experienced team of talented, dedicated legal professionals who are committed to putting your needs first.
- The Colorado Guide to Car, Truck and Motorcycle Accidents
- Car Accidents and Injuries Caused by Reckless Driving
- Getting Ready to File a Lawsuit