How To Know If You Have A Valid Case
For your car accident claim to be successful, there are a few key ingredients that need to be there. The first is called a Duty Of Care which means the defendant had a duty to act in a safe manner in order to protect the safety of other people around you. This means driving in accordance with local laws and not driving recklessly or impaired.
The second part is showing their Breach Of The Duty which means the defendant willingly acting against their best judgment or against the law which ended up causing the accident. Speeding, running red lights, drunk driving, not checking mirrors before changing lanes and many other events are very common situations that cause accidents and the driver who committed these unlawful acts is responsible for the damages as long as you can prove that they breached their duty of care.
Causation is next in line and it means proving that the breach of duty actually led to the accident happening. So to clarify, let’s say the driver ran a red light and t-boned your car. Had the defendant obeyed the laws and stopped at the red light, there would not have been an accident at all. This is causation because no accident would have happened if the other person would have just followed the rules of the road and kept everyone safe.
Lastly is damages. There needs to be damage done to your property, person or quality of life after the accident or there is nothing to compensate for. For example if a driver accidentally bumped into you in a drive thru and no damage was done nor were there any injuries, then there is no claim because no damage was done. However, if there was a major accident that totaled your car, caused property damage to nearby buildings, caused multiple injuries to the driver and passengers or similar situations, then there is a valid claim for compensation.
How Long Will It Take To Get My Settlement?
When speaking about timelines for resolving your claim, the answer can vary by quite a bit. There are many different factors involved that can make the process longer or shorter, so let’s take a look at some of them.
One of the biggest things to consider is whether you are fully recovered from your injuries or not. If you are still undergoing medical treatment and therapy for your injuries, then the cost to complete these treatments over the long term is still variable, so it’s best to wait until you are fully recovered to get an accurate accounting of your total medical bills. If these treatments will last for years, then we will work on a fair valuation of future treatments to be included, but when possible we like to wait to settle until we know exact dollar figures to make sure you aren’t left with unpaid medical bills.
The other major factor is whether the case is being settled without a fight or if the case goes to trial. Trial can take a long time just to even start the hearings and can take months of back and forth before ever finalizing. Most accident claims are settled outside of court fairly quickly if all the evidence is there to support the claim, but if it goes to trial you can expect it to take a much longer timeframe.
The other factors involved are minor compared to the ones we just listed. These variables are response times from the defendant and their representation or insurance company, how long it takes to acquire the evidence needed, the insurance company delaying the claim for some reason, time it takes to get witness testimonies, unforeseen events that change the details of the case and other factors. These factors won’t affect the timeline as much as the major factors spoken about earlier, but can still add weeks to your settlement in some cases so it’s best to expect a longer timeline and then be grateful if it is closed out before then.
How Long Do I Have To File A Claim After The Accident?
In Colorado, the statute of limitations for car accidents says you have 3 years to file your injury claim after the date of the accident. If you don’t notice your injuries until a later date, you can sometimes get an exception where you will then have 3 years to file from when you first noticed the injury.
Even though you have 3 years to file, we don’t recommend waiting that long unless there is a good reason to do so, such as waiting to complete medical treatment for the injuries. The longer you wait to file your claim, the bigger the chance of losing key pieces of evidence. What we mean by that is witness testimony might not be as easy to acquire after three years because they may not remember the accident as clearly as they did right after it happened.
There could also be evidence lost during that time such as pictures or video if you lose your phone. So for the most part it is a good idea to start gathering evidence to present your case as soon as possible, even if you do not plan to file a claim or lawsuit right away. Make sure to speak with your attorney to determine the best time to file your case as they may have some insight on whether to wait or not once they evaluate the circumstances surrounding your claim.
Who Is Liable For The Accident?
Who is at fault in an auto accident depends on many different factors and we are known as an “at-fault” state. To file a lawsuit you must be less than 50% responsible for the accident and any compensation you receive will be reflected based on how much of the accident was actually your fault. Some of the factors for determining the fault of the accident are as follows:
- The police report of the investigation of the motor vehicle collision
- Photos of the involved vehicles, the accident scene, skid marks and other details
- Eyewitness testimonies of what occurred during the accident
When fault is unclear or uncertain, accident reconstruction specialists are brought in to virtually recreate the collision and determine who was at fault.
In situations where a vehicle had passengers in the car and the driver of that car was partially or fully at fault, then the passengers may end up suing the driver of the car they were in. That is, if they were injured and suffered damages due to the driver’s negligence.
Protect Yourself From Uninsured Drivers
It’s a sad fact of life, but car accidents with uninsured drivers happen every day. Insurance rates can be expensive, and when times are tough, some drivers will make the wrong decision, counting on their assumed driving skills and/or luck to keep them out of harm’s way.
Being involved in an accident with one of these drivers can be very scary. Many questions may be running through your head like: Who will pay my medical bills? Who will pay for my car? I can’t work – who will pay my lost wages?
Colorado does not require that drivers carry ‘uninsured motorist’ coverage; however, this coverage is a must. People drive irresponsibly and without insurance every day which can cause problems for the accident victim.
Uninsured motorist coverage protects you and your passengers in a situation where an uninsured driver is involved in an accident with you; essentially, your insurance company “steps in the shoes” of the driver that was at-fault and evaluates your claim for the same kind of damages you would have recovered from the at-fault party’s insurance, had they been insured.
This coverage gives you peace of mind that you and your family members and passengers are protected. This coverage will help cover your losses, and help you get your life back on track.
On the next page Check out what type of damages you can claim.