FREQUENTLY ASKED QUESTIONS

If you were in a Colorado car accident and it was not your fault:

1. Call 911 (required for injury or significant damage).
2. Document the scene with photos.
3. Exchange information with the other driver.
4. Get witness information.
5. Seek medical care immediately.
6. Notify your insurer.
7. Do not give a recorded statement to the at-fault insurer.
8. Contact a Colorado personal injury lawyer.

You can file a property damage claim with the at-fault driver’s insurer or your own collision coverage. Claims generally cover repairs, total loss value, towing, storage, and rental car expenses. You may choose any repair shop.

You may still have a claim. Even if you weren’t seriously injured but incurred medical bills for an ambulance and/or a visit to the Emergency Room, you are entitled to compensation if you were not at fault for the accident.

You can still receive treatment through MedPay, medical liens, or future settlement reimbursement. Call a local personal injury attorney to discuss your options for obtaining medical treatment on a lien.

You have the right to choose your repair shop. Insurers cannot force you into preferred shops.

Three years from the date of the crash. Wrongful death: two years.

Two years from the date of injury.

Two years from discovery, with a three-year statute of repose.

It covers car repairs, total loss, towing, storage, rental car, and damaged personal items.

It compensates for medical bills, lost income, pain and suffering, and other damages.

MedPay is no-fault medical coverage that pays for treatment regardless of fault.

Underinsured motorist coverage pays when the at-fault driver’s insurance is insufficient to cover the damages.

Uninsured motorist coverage applies when the at-fault driver has no insurance or in hit-and-run crashes.

Colorado law prohibits insurers from raising premiums solely for not-at-fault accidents, including UM/UIM claims.

It is the maximum amount an insurance company must pay under a specific coverage.

Its value depends on injury severity, medical treatment, lost wages, long-term effects, liability, and insurance policy limits.

Simple cases: months. Litigation cases: 12+ months. After settlement, disbursement usually takes 2–6 weeks.

Roughly 90–95% settle without trial.

Usually not. Most cases settle before trial.

Discovery is the evidence exchange process, including documents, interrogatories, and depositions.

A deposition is sworn testimony taken outside of court.

Mediation is a confidential negotiation session with a neutral mediator. Many personal injury cases settle at mediation.

A lien is a legal claim by insurers, healthcare providers or others that must be paid before personal injury settlement funds are released.

No, you should not accept the first settlement offer from an insurance company. Insurance companies typically make low initial offers hoping you will accept quickly before understanding the full extent of your injuries and damages. The first offer rarely reflects the true value of your claim. It is important to wait until you have completed medical treatment and understand your long-term prognosis before evaluating any settlement offer. An experienced personal injury attorney can help you determine whether an offer is fair.

While you are not legally required to hire a lawyer after a car accident, it is highly recommended if you suffered injuries, the other driver disputes fault, or the insurance company offers an unfairly low settlement. An attorney can handle negotiations with insurance companies, gather evidence to prove liability, and ensure you receive full compensation for medical bills, lost wages, pain and suffering, and other damages. Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you win your case.

There is no fixed “average” settlement for car accidents in Colorado, as every case is unique. Settlement amounts depend on factors including the severity of injuries, medical expenses, lost income, degree of fault, insurance policy limits, and long-term impact on your life. Minor injury cases may settle for a few thousand dollars, while serious injury cases involving permanent disability or extensive medical treatment can result in settlements of hundreds of thousands or even millions of dollars. A Colorado personal injury attorney can evaluate your specific case and provide a realistic estimate of its value.

Yes, you can still recover compensation in Colorado even if you were partially at fault for the accident. Colorado follows a “modified comparative fault” rule, which means you can recover damages as long as you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would receive $80,000. If you are found to be 50% or more at fault, you cannot recover any compensation. An experienced attorney can help minimize your assigned fault percentage.

If the other driver has no insurance, you can file a claim under your own uninsured motorist (UM) coverage. Colorado law requires all auto insurance policies to include UM coverage unless you specifically reject it in writing. Your UM coverage will compensate you for medical bills, lost wages, pain and suffering, and other damages just as if you were filing a claim against the at-fault driver’s insurance. It is important to report the accident to your insurance company promptly and consult with a personal injury attorney to protect your rights

When choosing a personal injury lawyer, look for an attorney with specific experience handling cases like yours (car accidents, slip and falls, etc.), a proven track record of successful settlements and verdicts, and strong client reviews. Ask about their fee structure (most work on contingency), their communication style, and whether they will personally handle your case or pass it to a junior attorney. Schedule free consultations with multiple attorneys to find someone you trust and feel comfortable working with. The Ferrell Law Firm offers free consultations and has extensive experience representing injury victims throughout Colorado.

While you have the legal right to handle your own personal injury claim, it is generally not advisable. Insurance companies have experienced adjusters and attorneys working to minimize payouts. Studies show that injury victims who hire attorneys typically recover significantly more compensation than those who represent themselves, even after attorney fees are deducted. Personal injury law involves complex legal procedures, evidence gathering, medical documentation, and negotiation tactics that require specialized knowledge. Most personal injury attorneys offer free consultations and work on contingency, so there is no upfront cost to get professional legal advice.

A settlement is an agreement between you and the insurance company or defendant to resolve your case for a specific amount of money without going to trial. Settlements can occur at any time during the legal process and provide certainty and faster resolution. A verdict is a decision made by a judge or jury after a trial, determining whether the defendant is liable and how much compensation you should receive. Verdicts can result in higher awards but involve more time, expense, and uncertainty. Approximately 90-95% of personal injury cases settle before trial.

In most cases, personal injury settlements are not taxable under federal or Colorado law. Compensation for physical injuries, medical expenses, and pain and suffering is generally tax-free. However, certain portions of a settlement may be taxable, including compensation for lost wages (which would have been taxed as income) and punitive damages. Interest earned on a settlement is also taxable. It is advisable to consult with a tax professional or attorney to understand the tax implications of your specific settlement.

Comparative negligence, also called comparative fault, is Colorado’s system for allocating responsibility when multiple parties contribute to an accident. Under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111), each party’s fault is assigned as a percentage. You can recover damages as long as you are less than 50% at fault, but your compensation is reduced by your percentage of fault. For example, if you are 30% at fault in a car accident and your damages are $50,000, you would receive $35,000. If you are 50% or more at fault, you cannot recover anything.

In a Colorado personal injury case, you can recover two main types of damages: economic and non-economic. Economic damages include medical expenses (past and future), lost wages, lost earning capacity, property damage, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and disability. In rare cases involving intentional or reckless conduct, you may also recover punitive damages designed to punish the wrongdoer. The specific damages available depend on the facts of your case and the severity of your injuries.

The statute of limitations for most personal injury cases in Colorado is two years from the date of injury. However, car accident cases have a three-year statute of limitations. Wrongful death claims must be filed within two years. Medical malpractice claims have a two-year statute from discovery with a three-year statute of repose. If your claim involves a government entity, you must file a notice of claim within 182 days. Missing these deadlines can permanently bar your claim, so it is critical to consult with an attorney as soon as possible after your injury.

When speaking with an insurance adjuster, avoid admitting fault, downplaying your injuries, giving a recorded statement without legal advice, speculating about what happened, or accepting a settlement offer on the spot. Do not discuss your medical history beyond what is directly relevant to the accident. Be polite but cautious—remember that the adjuster works for the insurance company, not for you. Provide only basic factual information such as the date, time, and location of the accident. It is best to consult with a personal injury attorney before giving any detailed statements to an insurance company.

Some car accident injuries do not appear immediately. Soft tissue injuries, whiplash, concussions, and internal injuries may not show symptoms for hours, days, or even weeks after an accident. Adrenaline and shock can mask pain immediately after a crash. This is why it is critical to seek medical attention as soon as possible after an accident, even if you feel fine. Delayed medical treatment can harm both your health and your legal claim, as insurance companies may argue that your injuries were not caused by the accident. Always get checked by a doctor promptly after any collision.

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all or in hit-and-run accidents where the driver cannot be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to fully cover your damages. For example, if your damages are $100,000 but the at-fault driver only has $25,000 in coverage, your UIM coverage can make up the difference (up to your policy limits). Both UM and UIM are required in Colorado unless you reject them in writing, and filing a claim under either will not increase your insurance rates.