In any Denver motor vehicle accident case, the parties’ motor vehicle insurance policies are central to the claim. These policies dictate how much coverage is available to accident victims to compensate them for their losses. Learn more about Insurance Disputes After a Car Accident.
However, it is not uncommon for the at-fault party’s insurance company to dispute the victim’s claim. In doing so, the insurance company tries to save as much money as possible in the case.
The Insurance Company May Argue Against Liability
Many insurance companies attempt to argue that victims were at least partially at fault for an accident. Colorado follows a contributory negligence model. In a car accident case, the amount of compensation a victim is entitled to may be reduced to an amount that is proportionate to the victim’s own negligence.
For example, consider an accident victim whose claim is determined to be worth $100,000. However, the accident victim is found to be 20 percent at fault for the accident. Instead of receiving $100,000, the amount is reduced by 20 percent, leaving the victim with $80,000.
If the insurance company tries to argue you were somehow at fault for the accident, your attorney will work hard to show it was the at-fault party that was directly responsible for the crash–and, therefore, your damages.
The Insurance Company May Offer Too Little Money
In some cases, the insurance company proposes a settlement amount that does not fully compensate a victim for his or her injuries. However, with the assistance of an experienced Denver car accident lawyer, this is less likely to happen. When a claim is worked up properly by an experienced attorney, the insurance company is more likely to make a reasonable settlement offer.
Your attorney will present clear evidence of your damages to the insurance company, making it difficult for the insurance company to refute your claim.
Avoiding an Insurance Dispute
To avoid the headache of an insurance dispute, you should hire an experienced Denver personal injury attorney as soon as possible after your accident.
Lawyers have experience dealing with insurance companies. They know what types of evidence to send to the insurance company to support your claim and how to obtain it. Requesting accident reports, medical records, and other documents are all tasks handled by an attorney.
Once your legal counsel has obtained enough evidence to support your claim for compensation, they then lay out the facts of the claim and the at-fault party’s liability for your injuries in a demand letter. The demand letter seeks a specific amount of compensation to settle the claim.
The insurance company may agree to the settlement amount, or it may make a counteroffer. Ultimately, the decision to settle the claim is yours. Your counsel will provide insight as to whether the insurance company is making a fair offer.
Injury lawyers also have a network of experts they may consult to strengthen your case. Accident reconstruction experts and medical experts are frequently used in car accident claims, for example.
However, the insurance company may still refuse to offer a reasonable amount to settle the claim. In this case, it is necessary to file a lawsuit to obtain compensation.
Types of Damages
There are several types of damages available in a Colorado car accident claim. These include:
- Medical expenses, including the cost of future medical care
- Lost wages
- Loss of affection or companionship
- Pain and suffering
- Emotional distress
- Rental car expenses
- Property damage
Other types of damages may also be available, depending on the circumstances surrounding the accident.
Colorado personal injury attorneys are able to help their clients recover these damages. Without the assistance of an attorney, these accident victims may not even be aware of the damages to which they are entitled. Your attorney will make sure that you receive the maximum amount of compensation available under the law.
Jennifer Donaldson is Prepared to Fight Your Case
Denver car accident attorney Jennifer Donaldson has thirty years of experience in motor vehicle accident claims. She has helped clients obtain fair compensation in all types of accident claims. To schedule a free consultation with Ms. Donaldson, contact us at 303-458-5000.