At Donaldson Law, LLC, our personal injury attorneys in Denver understand that when insurance company representatives contact those who have been hurt in vehicle collisions or while on public or private property, the goal is to mitigate their policyholder’s liability for the damages.
Along with a few well-crafted interview questions that often trick unsuspecting injury victims into giving a statement they are not prepared for, nor physically or emotionally stable enough to make, insurance representatives employ many deceptive behaviors to help shift the liability from their office onto the injured party.
The goal, of course, is to avoid paying the settlement amount injury victims may be entitled to, to help preserve their company’s bottom line. Recently, there have been reports that insurance companies are stepping outside of our Colorado statute regarding time limitations on taking recorded statements or offering settlements after an accident with injuries occurs.
Our personal injury attorneys would like our fellow Coloradans to know that they have rights, and do not have to make a statement or agree to an insurance company’s offer until they can make an informed decision about their future. Or, at the very least, until it is legally acceptable for either action to take place.
If you have been injured in an accident, here is what you need to know.
There are Statutes in Place to Protect Colorado Injury Victims
Our Colorado laws explicitly state that if a person is injured under circumstances where another party may be liable, and is under the care of a medical professional, no person or agent of the potentially liable party — which includes their insurance company representatives — may:
- Obtain or attempt to obtain any statement — either written, oral, recorded, or otherwise — from the injured patient for use in negotiating a settlement or obtaining a release except as provided by the Colorado rules of civil procedure within 15 days of the date the injury occurred
- Obtain or attempt to obtain a general release of liability from the injured patient within 30 days of the date the injury occurred
- Negotiate or attempt to negotiate a settlement with the injured patient within 30 days of the date the injury occurred
The statute states that any statement given by the injured party, any general release of liability, or any agreement that is entered during the prohibited periods listed is a violation of the patient’s rights and shall be void and cannot be used as evidence against the interest of the injured party in any civil action relating to the injury.
How Does This Statute Affect My Colorado Personal Injury Case?
The statute is designed to protect the injured from making statements while they are under a physician’s care, so their judgment is not clouded by their pain or the medication they are taking for it. Likewise, it protects injury victims from releasing the liable party, or agreeing to a lesser settlement within days of their injuries occurring, so they have time to obtain appropriate treatment and to understand their rights to pursue the negligent party for the best outcome available for their unique case.
In short, never trust an insurance company representative who tries to take your statement or offers you a settlement within days of your accident. It simply is not legal to do so.
Contact Our Experienced Personal Injury Lawyers in Denver, Colorado for a Free Consultation Today
If you have been hurt in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process.