If you have been involved in a car, motorcycle, or truck crash in Colorado, you know how traumatic it can be. The experience itself is terrifying and adrenaline fueled. But if you have suffered serious injuries, the trauma continues for days, months, and years. Our clients are often juggling doctor’s appointments, unable to work, and relying on friends and family to get by. They are in pain and not sleeping, which makes everything worse. Because they can’t sleep, they aren’t thinking clearly. The bills start piling up, and the insurance company for the person who caused the crash starts calling. This is where things get tricky.
What should you do after a crash? What should you not do after a crash? Here are some tips and tricks related to personal injury claims in Colorado. It isn’t legal advice, but hopefully it helps. If you really need legal advice, call us for a free consultation: 970-221-2800.
Focus on Your Health and Recovery
People sometimes literally call us from the hospital, anxious to get guidance immediately following a serious crash. While we are always happy to help, be aware that you have time. Colorado has a 3-Year Statute of Limitations on auto, motorcycle, and truck crashes. C.R.S. § 13-80-101(n) requires that all “actions,” or lawsuits, for “bodily injury or property damage arising out of the use or operation of a motor vehicle” be filed within “three years after” the crash. This means that you have three years to negotiate a settlement without filing a lawsuit. If you can’t negotiate a settlement in the three-year period following the accident, then you must file a lawsuit or your claim is void.
Immediately after a crash, you should focus on healing. This said, you really should reach out to an attorney 30-60 days after the crash. This will ensure that insurance properly processes all the bills, that you receive the medical treatment you deserve, and that a settlement can be more easily secured.
Moreover, there are exceptions and nuances to the 3-Year Statute of Limitations. For example, if the vehicle that caused the crash was owned or operated by a governmental entity—this means the State of Colorado or a local entity—then notice must be given to the State of Colorado within 182 days of the crash or the claim is waived. C.R.S. § 24-10-109. Even police officers and school bus drivers can cause crashes. Notice of the claim must be provided for you to receive a settlement and you will want a lawyer to draft and handle this process.
In short, you don’t need to call a lawyer immediately following a crash, but you really should speak with one after a few weeks.
Document Your Injuries and Take Pictures
We all know the old cliché: “A picture is worth a thousand words.” This is especially true in the personal injury context. Everyone has a phone with a camera—use it! Take pictures of bruising, abrasions, scars, casts, and damage to your vehicle. Bruising can get worse over time; be sure to document its changes. Unfortunately, personal injury cases take time to resolve properly. By the time settlement rolls around, most superficial injuries have healed. Photographs of your injuries and convalescence are powerful tools to show the trauma you have been through.
Notify Your Own Car, Truck, or Motorcycle Insurance Company
Even though you did not cause the crash, you should still notify your own insurance company. Check and see if you have Medical Payments Coverage, which is also called “Med Pay.” You should also see if you have Uninsured / Underinsured Motorist Coverage, which also called UM/UIM coverage. Your own insurance company can also speed up the processing of your property damage claim, so reach out to them and establish open lines of communication.
Talking to the At-Fault Driver’s Insurance Company…Dos and Don’ts
Usually, someone from the at-fault driver’s car insurance will call you a week or so after the crash. They will be nice. They will sound concerned. They will call repeatedly. They will make promises to handle everything and make your life easier. None of it is true.
Let’s be frank about what this caller is trying to accomplish: Their goal is to settle the liability claim for as little money as possible. They want to buy you off cheap. By failing to pay less than the fair value of the claim, they increase shareholder profits for the insurance company.
What information should you provide them? Just tell the insurance company that you were injured, still receiving medical treatment, and looking for an attorney to represent you. Ask them to call you back in 30 days.
Sometimes the insurance company will ask for you to give a formal recorded statement; other times they just record the phone call. Do not give the at-fault insurance company a recorded statement. There are times when it is appropriate to provide a recorded statement, but only after you have spoken with an attorney and your attorney is present for the call.
We have seen insurance companies say that they are going to “close the claim,” if you don’t engage with them and provide them with personal information. This is just another fear tactic. It does not matter what the status of the claim is in their internal system. Get real legal advice from a licensed Colorado personal injury attorney—not the internet or ChatGPT. Once you retain an attorney, he or she will handle all communications with the insurance company.
Don’t Sign Anything.
If you have spoken with the at-fault driver’s insurance company, they will often send you authorizations to sign. These are documents that allow them to request and access all your medical records, medical bills, and insurance information.
We often meet with people who have signed these authorizations. They think: “I have nothing to hide—I’m hurt and the other driver caused the crash.” However, there is one serious problem with the at-fault insurance companies’ authorizations. They are general authorizations. They are not limited to accident-related injuries. All your medical records—including mental health, addiction, substance abuse, diabetes, and weight issues—are available to them. It will all be used against you.
If an insurance company wants you to sign authorizations releasing your private and protected health information, you should call a lawyer.
Do You Need an Attorney After a Crash in Colorado?
Many people think the at-fault driver’s insurance company will treat them fairly because the accident was not their fault. They don’t think they need an attorney because they just want what they’re owed—they are not “greedy.” Sadly, this is not the way the world works. Without an attorney, you will not recover what you are owed. Don’t undervalue your own health and happiness for the benefit of an insurance company.
Other people think an injury attorney is an unnecessary expense to avoid. They worry that they will end up with less money if they hire an attorney. This is almost never true. Meeting with a personal injury attorney is almost always free. We provide free consultations and meet with potential clients. Every year there are a handful of potential clients who don’t need our services, and we tell them.
Give us a call at 970-221-2800. It is free, no pressure, and you have nothing to lose. We have extensive experience in handling all types of personal injury cases, including car, truck, and motorcycle crashes. We practice in Fort Collins, Loveland, Greeley, Estes Park, Wellington, Longmont, and all along the Front Range and in Northern Colorado.