Frequently asked questions

The statute of limitations for automobile accidents is generally three years from the date of the accident. This means a formal complaint must be filed with the appropriate Court or the claim is lost. Much work must go in to the claim well in advance of this deadline. However, cases involving death typically have a shorter limitation period.

Care must be taken to confirm the statute of limitation that applies to your case. The time for bringing a claim can vary depending on a person's age, mental state, entity against which a claim is brought, type of claim and type of vehicle involved.

For example, a minor's three–year period may not start to run for several years. A person injured in a motorcycle accident may have a two–year limitation period. A death claim has a shorter period. A claim against a third party for negligently allowing someone to operate their vehicle may have a two–year limit. Some claims against drunk drivers or claims for punitive damage may have much shorter limits. A claim against a Colorado Governmental entity has a six–month very specific notification requirement. There are other factors that can make the statute of limitations one year.

As you can see, there are many factors that can affect the time limits that apply. You should contact a personal injury lawyer to see what period of limitation exists in your claim. Failure to do so can unknowingly cost the right to pursue your claim.

As a general rule, no.

If you are involved in an accident which is not your fault the insurance company cannot raise your rates, refuse to renew, or otherwise hold the accident against you even though you have made claims for no–fault benefits, collision or comprehensive claims, or uninsured motorist claims.You paid a premium to the insurance company to protect you against these types of losses. They spread that risk out over many policies and make a profit for doing so. So long as you are not at fault, a claim does not count as a strike against you in any fashion.

Not always. It depends on a number of factors, including the type of claim that you are making.

If you have a property damage claim only, you may be able to resolve issues with the other driver's insurance company without a lawyer. There tends to be a fairly established market value for a vehicle and it is not too difficult to establish the amount of the loss. If you are having difficulties on a property damage claim, or have any questions about this type of claim, contact a lawyer. If your claim also involves personal injury, see the paragraph on bodily injury below.

If you are injured through the fault of someone else you may have a bodily injury claim. For this type of claim a lawyer generally is needed. There is no set schedule or formula for payouts on bodily injury claims. Most people who handle these claims on their own end up obtaining less compensation than they are entitled to. This is because there are no hard–and–fast rules for evaluating the claim. Each case is unique and a combination of many factors goes into properly evaluating the claim. In this type of claim, a person is dealing with an insurance adjuster who is well–schooled in building goodwill to settle the claim for low dollars. In the long run, an adjuster is evaluated and promoted based upon how little money is paid out on a bodily injury claim. Whether it is "fair" has nothing to do with it. Every dollar the insurance company does not pay to you is a dollar more of profit to the company. It is a one–to–one relationship. Even if you are dealing with the same company as your own insurance company (because the other driver was insured by the same company, or you are making an uninsured motorist claim) odds are you will be better off represented by a lawyer. The adjuster at your company is not evaluated based on whether you are "happy," or whether you keep your insurance with the company, but on the amount of the payout.

The graph below demonstrates that payouts when a personal injury lawyer is involved on a bodily injury claim in Colorado are roughly 250 percent higher than when a personal injury lawyer is not involved. Please note these figures come from insurance company sources, as indicated. Even though you may choose to handle your bodily injury claim yourself and thereby save lawyer's fees, you are typically going to be worse off. As shown by the graph, even after paying lawyer's fees, a person is statistically better off being represented by a personal injury lawyer than representing him or herself.

Please also look at the section on client testimonials on this site. Case completion questionnaires of my clients show that 96% of my clients reported they were better off represented by a lawyer, and 98% said they would use my services again if injured in an accident. Click here to see testimonials.

There are some bodily injury or wrongful death claims where a lawyer is not needed, but overall, people are better off being represented. Since most lawyers will have an initial consultation at no charge to you, the very least you should do is check out whether a lawyer can benefit you in your case. This can be done conveniently on–line at this web site by clicking here. Also, most lawyers take no fee out of the property damage, medical bill, or lost wage claim (no–fault or PIP benefits).

Typically, yes.

There can be a claim made for medical bills and lost wages, as well other damages. Depending on the coverage you purchased, you may be able to make a property damage claim against your own company. This may include rental car and towing expense. Additionally, there may be uninsured motorist benefits available for your bodily injuries or different types of claims that can be made under the Victims Compensation Fund.

Lastly, even though the driver at fault may initially appear to be uninsured, that is not always the case. Many times drivers do have insurance that covers them such as through the vehicle owner, a resident relative, employer, or in some other fashion that they did not expect. It may also be that the person has insurance, but did not have proof of it on them at the time of the accident.

It varies.

Claims for property damage typically get resolved within ten days, although the actual repair may take longer than that. Most lawyers take no fee for helping resolve the property damage claim if they are also handling the bodily injury claim.

Claims for bodily injury other than death claims usually take much longer to properly handle. Insurance companies often want to settle a bodily injury claim right away, but that is almost always in their interest, not yours. The true value of a non–death bodily injury claim cannot be determined until the extent of injury and recovery is known. Depending on the injury, this is usually between a couple of months and two years. Most lawyers handle this type of claim on a contingent fee for a percent of the recovery. This allows an injured person to be represented and owe nothing for lawyer fees until and unless money is produced.