Category: Car Accidents

By Donaldson Law

What Happens if the At-Fault Driver Did Not Give Information at the Scene of a Colorado Car Accident?

After a Denver motor vehicle accident, some at-fault drivers may fail to provide identifying information or proof of insurance at the scene of the crash. In the chaos that ensues after an accident has occurred, some drivers may simply forget to provide their information. Others may not be able to locate it in their vehicles.

However, some at-fault drivers may try to avoid liability and outright refuse to provide their information to other drivers involved in the accident. They may leave the scene of the accident without even telling accident victims their names.

Fortunately, even if an at-fault driver does not provide identifying information at the scene of an accident, Colorado motor vehicle accident victims have remedies available to recover damages.

Identifying the At-Fault Driver

Even if the at-fault driver did not provide information at the scene of the accident, it may still be possible to identify the individual. 

For example, license tag information, even partial, can help identify the driver. This is especially the case if the color and make of the vehicle are also reported.  

Witnesses may also be able to provide information that helps identify the at-fault driver.

In many accident claims, surveillance camera footage from traffic cameras, businesses, or private residences has been used to identify at-fault drivers. Through their attorneys, accident victims may ask property owners located near the accident scene if they captured the crash on tape. 

Once the at-fault driver has been identified, accident victims may proceed with filing an insurance claim or lawsuit against him or her. Personal injury attorneys identify at-fault drivers and pursue claims against them so that their clients may focus on recovering from their injuries.

If the At-Fault Driver Cannot Be Identified

In some accident cases, it is not possible to identify the at-fault driver. However, accident victims may be able to use their uninsured or underinsured coverage on their own insurance policies to recover damages. This type of coverage replaces the coverage the at-fault driver should have had to properly compensate the victim. 

Steps to Take After a Car Accident

After a motor vehicle accident, there are certain steps you should take to protect your legal rights and strengthen your claim.

First, you should contact the local police and file a report. According to Colorado law, traffic accidents should be reported immediately.

If possible, you should take photos of the scene of the accident, as well as the other vehicles involved in the crash. Take pictures of any traffic signals and traffic signs. Note the layout of the accident scene–was it at an intersection, for example? 

Photographs are also helpful to show weather and road conditions at the time of the accident.

It is also beneficial to obtain the names and contact information for any witnesses present at the accident scene. These witnesses may be able to provide helpful information that supports your case.

If you have been injured, you should seek medical attention. You may ask first responders for help or you may have someone take you to a local emergency department. If you are injured and fail to seek medical attention, the at-fault insurance company will likely use this against you in your case.

Also, you should be sure to inform your insurance company that you have been involved in an accident. Many insurance policies have deadlines by which an accident must be reported, even if their policyholder was not at fault. Make sure you review your policy and report your accident in a timely manner.

Speak with an experienced Denver car accident attorney as soon as you are able. Your attorney will be able to begin working on your case to help you obtain adequate compensation for the losses you have suffered.

Jennifer Donaldson Has Three Decades of Experience in Accident Claims

Denver personal injury attorney Jennifer Donaldson has represented clients in the Denver area for three decades. Ms. Donaldson works hard to obtain fair and just results for her clients. To schedule a free consultation with Donaldson Law, LLC , contact us at 303-458-5000 today.

By Donaldson Law

What Happens if a Driver’s Insurance Doesn’t Cover Damages After an Accident?

Drivers Insurance

A motor vehicle accident is often a very expensive ordeal. Depending on the circumstances of the crash, medical expenses, lost wages, and other damages could reach tens, even hundreds of thousands of dollars. 

Many Colorado drivers simply do not have insurance policies that cover all of these expenses. In these situations, at-fault drivers may find themselves on the hook for damages their insurance policies do not cover. 

Colorado does require all drivers to carry certain amounts of minimum liability coverage. Specifically, all Colorado drivers must carry the following amounts of coverage:

  • $25,000 per person for bodily injury or death
  • $50,000 per incident for total bodily injury or death claims
  • $15,000 for property damage

These are only the minimum amounts of liability coverage required by Colorado law. Drivers are free to purchase additional coverage from their insurance companies.

Optional Insurance Coverage

One type of optional coverage drivers may purchase is uninsured or underinsured motorist coverage.

This coverage replaces the insurance an at-fault driver should have had to cover the victim’s medical expenses. 

Drivers also have the option of purchasing uninsured property damage coverage. In addition, collision and comprehensive coverage can cover property damage.

Another type of optional coverage drivers may purchase is medical payment coverage.

Medical payments are first paid, in the following order of priority, to these providers:

  • Licensed ambulances (including air ambulances) that provided care to the victim at the scene of the accident or immediately following an accident. This also includes transporting a victim to a trauma center.
  • Trauma physicians that provided initial care to the victim.
  • Level IV or V trauma centers that either provided the initial care to the victim or stabilized the victim.
  • Level I, III, or III or regional pediatric trauma centers that provided initial care to the victim or stabilized the victim.

A reserve fund is used to pay these claims. However, these funds are only held for thirty days after notice of the accident is received. After thirty days, other providers may file a claim for reimbursement.

These payments are issued without taking fault into account. 

Even with these extra optional coverages, motor vehicle insurance may be insufficient to cover damages. 

At this point, it may be necessary to file a lawsuit against the at-fault driver to recover damages. 

The Phases of a Lawsuit

To file a lawsuit, Colorado personal injury attorneys draft a document called a complaint. The complaint lays out the details of the accident, as well as the at-fault party’s role in the crash. This complaint is filed with the court and served on the at-fault party.

The at-fault party must then respond to the complaint in a document called an answer. In the answer, the at-fault party replies to the allegations laid out in the complaint.

At this point, the parties enter what is called the discovery phase. During discovery, the parties may request documents and other pieces of evidence from each other. They may take depositions and may schedule hearings if necessary. 

Once the parties believe that they have enough evidence to settle the case, they may begin settlement negotiations. The parties may discuss a settlement through their attorneys, or they may hire a mediator to help them reach an agreement. 

If the parties cannot settle the case, it will be necessary to go to trial. However, the majority of cases settle long before a trial becomes necessary.

If your case must go to trial, your attorney will make sure you are thoroughly prepared for court.

The decision to settle a case is yours. Your Denver car accident attorney will advise you, of course, but you are free to accept the insurance company’s offer if you would like to settle and finalize your claim. 

Call Jennifer Donaldson Today to Discuss Your Legal Options 

Denver personal injury attorney Jennifer Donaldson has represented motor vehicle accident victims for 30 years. Ms. Donaldson will provide an honest assessment of your potential claim in a free initial consultation. To schedule your consultation, contact us at 303-458-5000 today.

By Donaldson Law

How Long Does a Denver Accident Claim Take?

denver accident claim

After a motor vehicle accident, most victims want to know how long it will take to finalize their claim and receive any damages they are awarded. However, there is no single answer to this question–there are many factors that impact how long it takes to resolve a case. 

Having a Colorado personal injury attorney on your side is key to obtaining a favorable result in your case. Whether you settle or go to trial, your attorney will ensure that your legal rights are protected.

Settling with the Insurance Company 

Settling with the insurance company avoids the need to file a lawsuit. In some cases, it may expedite the resolution of the case. 

However, your attorney will make sure that your case is worked up properly before submitting a settlement demand to the insurance company. This increases the chances of obtaining a satisfactory settlement.

Your Colorado personal injury attorney will present evidence of your damages to the insurance company in a demand letter.

Negotiations with the insurance company go back and forth until, ultimately, the accident victim decides to accept or reject the insurance company’s offer.

If you settle with the insurance company, you will not have to go to court. However, once the settlement with the insurance company is finalized, you will not be able to file a lawsuit to seek any additional damages.

Filing a Lawsuit 

If the claim does not settle through negotiations with the insurance company, it is necessary to file a lawsuit.

Depending on the size of the court’s docket, a lawsuit may take 10 to 12 months or longer to resolve. 

First, your Denver car accident attorney must file a document called a complaint. The complaint lists the allegations against the at-fault driver. 

Once the complaint has been served on the defendant, the defendant is able to file an answer. The answer responds to the allegations in the complaint. 

Once these initial documents, called pleadings, have been filed, the parties enter the discovery phase. The discovery phase may last several months or longer. 

During the discovery phase, the parties are able to seek different types of evidence from each other. 

The parties may request specific documents from each other, such as photographs and records. 

Additionally, the parties may wish to schedule the depositions of different individuals.

If necessary, hearings may also be scheduled. 

Scheduling hearings and depositions may take a significant amount of time, due to court schedules (for hearings) and coordinating the schedules of the individuals involved. 

In some cases, your attorney may need to consult with experts. For example, accident reconstruction experts help piece together how an accident happened. Medical experts provide insight into how an accident caused a victim’s injury.

Once the parties feel that they have enough evidence to finalize a claim, they may negotiate a settlement.

Many parties hire a mediator to help them with the settlement process. A mediator serves as a third-party neutral. The mediator’s role is to help the parties compromise and create an agreement. 

However, the parties are free to negotiate a settlement through their attorneys.

If the claim does not settle, it will be necessary to schedule a trial.

Scheduling a trial may take months due to backlogged court dockets. 

Your attorney will prepare all of the evidence that will be submitted at trial. In addition, your attorney will locate witnesses and discuss their testimony with them. 

In some cases, a trial may take place years after the actual accident. 

If you do go to trial, there is no guarantee that you will receive a larger damages award than what the insurance company initially offered.

How Does an Attorney Help?

Your Colorado car accident attorney will make sure that you are well informed of all of your legal options. In addition, your attorney will provide estimates as to what your damages could be worth. 

Whether your claim settles with the insurance company or goes all the way to trial, your attorney fights on your behalf to ensure you receive as much compensation as possible, given the facts of the case.

Further, your attorney will work hard to make sure the claim moves as quickly and as smoothly as possible.

Attorney Jennifer Donaldson is Prepared to Help You With Your Case 

Denver personal injury attorney Jennifer Donaldson has more than three decades of experience in motor vehicle accident claims. She is prepared to help you through your claim and will work hard to ensure you receive the compensation you deserve. To schedule a free consultation, contact us at 303-458-5000.

By Donaldson Law

Is Colorado a No-Fault State for Car Insurance?

Colorado Personal Injury Attorney

The laws that impact car accident claims vary from state to state. These laws affect how much compensation an accident victim may be entitled to, as well as the source of that compensation. Learn more about car insurance.

There are two primary categories of states regarding car accidents: those with a fault-based system and those with a no-fault system. The primary differences between these states are whether the accident victim has the ability to sue the at-fault party for damages and where the money for the victim’s damages comes from.

In a fault-based system, the at-fault driver is responsible for the victim’s losses. These losses may include medical bills, lost wages, and other damages.

In a no-fault system, each driver’s own insurance policy generally covers their medical bills. In most cases, it is still possible to pursue legal action against the at-fault driver for any bills not covered by no-fault, or for loss of income, pain, and suffering, loss of enjoyment of life, permanent impairment, and permanent disfigurement. 

Colorado’s System

Colorado follows a fault-based system for car accident claims. Accident victims must pay for their own medical treatment.  They can use their health insurance and in some cases may have medical payments coverage through their auto insurance policy.  Once all treatment is completed, the insurance company will make one lump sum payment that covers all medical expenses, loss of income, pain and suffer, and permanent impairment.  

Accident victims may be paid up to the at-fault driver’s policy limits in an accident claim. Many cases can be resolved with the insurance company, but In some cases, it will be necessary to file a lawsuit against the at-fault driver to recover damages. 

For example, it may be necessary to file a lawsuit if the insurance company refuses to make a reasonable offer that compensates the victim for their losses. 

Damages

There are a variety of damages that may be available in a motor vehicle accident claim. Damages may include any of the following:

  • Medical expenses, including future medical care
  • Lost wages
  • Loss of employment benefits
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress 
  • Permanent impairment or disfigurement

Other damages may also be available, depending on the circumstances of the case. Colorado motor vehicle accident attorneys know what damages are available in a claim, and, most importantly, how to pursue those damages on behalf of their clients. 

Coverage

Colorado requires that all drivers have minimum amounts of liability coverage. 

All Colorado drivers must have at least $25,000 per person for bodily injury or death.

Drivers must also have at least $50,000 in liability coverage per incident for total bodily injury and death claims. 

Drivers must additionally carry $15,000 in property damage liability coverage, to cover damage to vehicles and other types of property in an accident.

Drivers are free to purchase additional coverage if they like. Colorado drivers should remember that, once their policy limits have been paid out, the at-fault driver may be responsible for any additional damages that are sought by the accident victim. 

Get an Attorney Who Can Help You

Insurance claims are complex and often confusing. There are numerous deadlines, dozens of possible pieces of evidence, and a variety of documents that must be filed. However, an experienced Denver personal injury attorney can help you with your claim. 

Personal injury attorneys can negotiate with the insurance company on your behalf. Instead of worrying about saying something to an insurance adjuster that could hurt your claim, you can (and should) turn these conversations over to your attorney.

In some cases, the claim may settle with the insurance company. If a lawsuit becomes necessary, your personal injury attorney is able to represent you and protect your legal interests. Your attorney will keep you well-informed throughout your case and will prepare you for any necessary court hearings.

However, there is a limited amount of time available to file a personal injury claim in Colorado. Therefore, it is important to meet with an experienced Colorado personal injury attorney as soon as you are able after your accident. 

Attorney Jennifer Donaldson Has Three Decades of Experience in Accident Claims

Denver car accident attorney Jennifer Donaldson has been serving the Denver area for thirty years. To schedule a free consultation with Donaldson Law, LLC to learn about your legal options and the services the firm offers, contact us at 303-458-5000.

By Donaldson Law

How to File a Car Accident Claim in Denver

Car Accident in Colorado

Car accident victims are often unaware as to how a claim or lawsuit is filed after a crash. For many car accident victims, this claim or lawsuit is their first experience with the legal system. It is often overwhelming and confusing.

Beware of Deadlines

First, car accident victims should be aware of the deadlines that may affect their cases. In general, there is a three-year deadline to resolve a claim for damages that result from a car accident in Colorado. This deadline is called the statute of limitations. 

Accident victims who fail to resolve their claim or file suit before the statute of limitations expires may be barred from obtaining any relief in the court system. This means that these victims will be responsible for their medical expenses and other damages caused by the accident.

The deadline is shorter if a government vehicle is involved in the accident. An experienced Denver motor vehicle accident attorney is able to advise you on the applicable deadlines in your claim. 

Make Sure a Police Report is Filed

Immediately following an accident, you should call the police to ensure a report of the accident is filed. You should tell the police what happened and seek medical attention if you are experiencing any pain. 

You should also exchange insurance information and driver’s license information with the other drivers involved in the crash. 

Consult a Personal Injury Attorney

One of the most important steps you should take after being involved in an accident is to consult a Denver personal injury attorney. These attorneys know how to present evidence to insurance companies, negotiate settlements, and conduct court hearings and trials. 

Personal injury attorneys at Donaldson Law, LLC are able to file accident claims with the at-fault driver’s insurance policy on your behalf and deal with the insurance company so that you can focus on recovering from your injuries and getting your life back to normal.

Your attorney will provide several pieces of information to the insurance company, such as: 

  • The names of the drivers involved in the accident
  • Insurance policy numbers
  • The nature of the victim’s injuries
  • Photographs of vehicle damage and injuries
  • A copy of the accident report 
  • Repair bills

It is best to let your attorney speak with the at-fault driver’s insurance company. Insurance companies may use your statements against you in your claim. In addition, insurance adjusters may try to pressure you to settle your claim too soon for far too little money. 

What is a Demand Letter?

When you have completed your medical treatment, your attorney will send a demand letter to the insurance company. The demand letter lays out the details of the accident, as well as how the accident impacted you—financially, physically, and emotionally.

The insurance company will be given a deadline to respond to the demand letter.  Once they respond, your attorney will begin the negotiation process.  

The choice to accept or reject the insurance company’s offer is yours. Your attorney will advise you during the settlement process, but, ultimately, it is your decision whether you settle your claim with the insurance company or move forward with filing a lawsuit. 

If you decide to reject the insurance company’s offer, it will be necessary to file a lawsuit. 

File a Lawsuit

To file a lawsuit, your attorney drafts a complaint. This document includes details about the accident and how the at-fault driver is responsible for your injuries and losses. 

After the complaint has been filed in the appropriate court, the at-fault party must be served with it. At this point, the at-fault party will respond to the lawsuit and the lawsuit will move through the court system. 

Regardless of whether the claim is handled solely through insurance or requires the filing of a lawsuit, Denver car accident attorneys are able to provide valuable advice and guidance through this process. Your attorney will make sure that your legal interests remain protected throughout your case. 

Contact Denver Car Accident Attorney Jennifer Donaldson Today 

Attorney Jennifer Donaldson has represented car accident victims in Denver and the surrounding areas for three decades. To schedule a free consultation with Ms. Donaldson to learn about your legal options, contact us at 303-458-5000.