Current Insurance Claim Trends in Colorado

On top of this, you may be inundated by calls from adjusters requesting statements and information about your condition which you may not be ready to answer. You did not ask to be hit by a careless driver, but you are suffering the consequences nonetheless, and it can difficult to know what to do.

Taking Advantage of Early Cooperation

In an effort to be as cooperative as possible, many claimants do whatever they can to please the adjuster for the at-fault insurance company. They are happy to provide recorded statements and sign blanket releases as they believe this is the best way to settle the claim quickly and fairly.

However, the adjusters for at-fault parties are not on your side, and they can use those medical releases to obtain unrelated, privileged medical records or use the recorded statements against you in the future. It is your right to limit the information available to the at-fault party’s insurance adjuster to protect your own privacy. Requirements for cooperation are different when you are dealing with your own insurance company, so be sure to contact a Denver personal injury attorney if you have questions about whether you need to cooperate with an adjuster.

Early Settlement Offers

Many claimants express the wish to “just be done with it,” and we have seen a trend lately wherein insurance companies take advantage of that instinct, offering early settlements which undervalue the claim. While it may seem like a good idea to put the accident behind you and move forward with your life, there can be devastating consequences for your case if you accept an offer before you know the full extent of your damages:

Unforeseen Medical Complications

You may assume that your neck or back pain will resolve rather quickly with a few physical therapy appointments. However, as you return to activities you were able to do prior to the crash, you may find the pain or mobility issues recur.

Sometimes a doctor may decide that after conservative measures have failed, injections or surgery may be required. However, if you have settled your claim before knowing the extent of the treatment you needed, you cannot go back and reopen your claim for any reason, so you will be stuck paying for any additional treatment with your own dollar.

Duty to Pay Back Your Insurance

You may be required to pay back your health insurance company from any settlement you receive, a process called “subrogation.” Many different factors and laws affect an insurance company’s ability to subrogate a claim, but if you have settled a claim prematurely, you may not have taken into account what your insurance company has paid and what might need to be paid back. You may owe the entirety of your settlement proceeds to your health insurance company, or, if you did not have health insurance, the hospital may have filed a lien for your treatment, perhaps exceeding the settlement amount, which you are required to pay.

Discounting the Cost of Your Medical Bills

You may have avoided the trap of accepting a premature settlement offer, but this does not mean you will necessarily receive a fair settlement offer from the at-fault insurance company. Recently, we have seen multiple adjusters reduce the amount of the medical bills incurred by a claimant with the argument that the charged amounts are not reasonable.

Despite the fact there is no evidence to support their claims that a medical bill is unreasonable, nor can they point to any local medical providers who would accept their discounted amount for treatment, insurance companies continue to instruct their adjusters to slash the amount of accepted medical bills, thereby slashing the value of the claim. If the amount of the medical bills is not being fairly evaluated, it is likely the entirety of the claim will be undervalued by the adjuster.

Contact an Attorney to Discuss Your Case

Insurance trends change often with corporate policies or as the result of legal precedents. If you are concerned that you are not being treated fairly, contact an attorney to discuss your case. Donaldson Law, LLC has been handling personal injury cases for over 30 years and can help you assess your claim.

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CLIENT REVIEWS

My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

I was hit by a car while I was in a crosswalk. Afterward, I underwent multiple surgeries and occupational therapy. I was out of work after losing the use of my hand for a period of time. I knew that I couldn’t deal with the insurance companies on my own. After some research, I found Jennifer and Melanie. They were amazing through the whole process and the result was a very generous settlement. They were also able to get my health insurance to waive their subrogation claim. They have both been great to work with. Throughout my claim, they communicated with me and kept me updated. I would definitely recommend using Jennifer Donaldson if you ever need an attorney for a personal injury case.– Zander O.

Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

My wife was involved in a serious auto accident where she sustained serious injuries, including a traumatic brain injury. Ms. Donaldson was professional, compassionate and very thorough from beginning to end. Her focus was to make sure that we were made whole. Her thorough work resulted in a settlement that provides for our needs for the rest of our lives. Ms. Donaldson is a great attorney.– Tony D.

I was hit by a car while riding my bicycle, causing me serious and permanent injuries. Ms. Donaldson handled my case in a very professional manner with outstanding results. She worked hard to make sure we got a settlement without the need for litigation while still getting the maximum recovery available. She and her staff were very thorough and stayed in constant communication. Overall, Ms. Donaldson was outstanding during the entire case. I highly recommend her to anyone in need of representation for their personal injury claim.– Leigh C.