Man writing on a clipboard while woman explains car damage

Common Misconceptions About Car Accident Claims in Colorado

Scott P. Landry Aug. 26, 2021

According to statistics from the Colorado Department of Transportation, there were 121,648 total traffic crashes reported statewide in 2019. By filing personal injury claims, victims of auto accidents can pursue compensation for their injuries and damage. There is, however, a lot of misinformation and false assumptions regarding auto accident claims in Colorado. This makes it relatively easy for plaintiffs to make irreversible mistakes without detailed guidance or experienced representation.

At Landry Law, P.C., we are committed to offering knowledgeable legal guidance and compassionate representation to clients in their auto accidents cases. Our experienced Colorado personal injury team will review all the facts of your situation, carry out a private investigation, and determine your available legal options to pursue rightful compensation for your injuries. Our team will fight to protect your rights and help you hold the responsible parties accountable. We're proud to serve clients throughout Lone Tree, Trinidad, Castle Pines, Denver, Douglas County, and Castle Rock, Colorado.

Common Car Accident Myths

Being involved in a car accident can be an emotional and painful experience. Negotiating with insurers or attempting to resolving your personal injury lawsuit yourself can make the claims process even more complicated and overwhelming. Being able to separate facts from fiction and knowing what to expect can make the entire process even more manageable. Here are some of the most common misconceptions about car accident claims in Colorado and why they're false:

Myth #1: Your own insurance will be responsible for covering medical costs and damages to your car.

This is a common misconception when filing injury claims in Colorado and is not necessarily true. This is because Colorado is an “at-fault” auto insurance state. Under this system, the driver responsible for the car accident (the at-fault party) will hold liability for injuries, property damages, and other accident-related losses suffered by the accident victims.

Myth #2: If you feel okay, you don't need to seek medical attention.

The fact that your accident injuries were minor or you feel okay at the moment shouldn't stop you from receiving medical attention. There are many reasons to seek an immediate evaluation following a car accident:

  • For your own sake. Even if you think you aren't injured or that your injuries are minor, you need to seek proper medical attention. Sometimes, the symptoms may not appear for several days or even weeks.

  • For proper documentation. When filing an insurance claim, you will need official documentation of any medical diagnosis, doctor's appointments, and medical treatments. Without the necessary documentation, recovering compensation for your injuries may prove difficult.

  • Insurance companies aren’t always willing to help. Insurance companies require policyholders to report accident injuries immediately. If the injured person waits too long before seeking medical attention, some insurance companies — especially in cases of a claim against an at-fault driver — will use this delay as evidence that the injury was not serious enough to warrant medical intervention.

Myth #3: If the accident is minor, it's not necessary to report it.

Under Colorado Revised Statutes Section 42-4-1606, the driver of a vehicle involved in a traffic accident that causes an injury, death, or property damage must report the incident to the nearest office of a duly authorized police authority or the Colorado Division of Motor Vehicles if the police did not come to the scene.

Failure to report a car accident is considered a Class 2 misdemeanor traffic offense in the state of Colorado. Some insurance companies require a claim to be filed within as little as two days in order to recover damages. When filing injury claims, a police report is a vital part of the required documentation.

Myth #4: If you were partially at fault for the accident, it won't affect the compensation you’re able to recover.

Colorado is a modified comparative fault state. Under this system, the damages award will be reduced by a percentage equal to the plaintiff’s share of fault. If the plaintiff is deemed to have been equally or mostly (50% or more) at fault for the accident, they are barred from recovering any damages. In other words, to recover damages, you must be less than 50% at fault for the accident.

Myth #5: You don't need to hire an attorney to file a personal injury claim.

When filing a personal injury claim, retaining a skilled attorney is crucial. Your attorney can help facilitate the process, guide you through important decisions, and help negotiate with insurance companies to maximize your financial compensation. Hiring a lawyer who specializes in personal injury claims is crucial since they know the specific laws and statutes addressing liability in auto accident cases in the state.

Experience You Can Trust: Landry Law, P.C.

If you've sustained serious injuries in a car accident, it can affect your financial, physical, and mental health. You shouldn't have to face the challenges all by yourself. You need to act quickly and retain an experienced personal injury attorney for proper guidance and to help you seek rightful compensation for your injuries.

At Landry Law, P.C., our team is committed to handling personal injury cases and protecting the rights of car accident victims and their families. As your legal counsel, we can review and investigate the surrounding details of your situation, gather evidence and documentation, and work to prove negligence.

Additionally, our team will fight to protect your rights and your best interests. We will help negotiate a fair settlement with the insurance providers and attempt to recover fair financial compensation for any injuries, damage, or any additional pain and suffering you've had to go through.

Contact us at Landry Law, P.C. today to schedule a simple case assessment. We can offer you the experienced legal counsel, support, and reliable representation you need in your auto accident claims. We're proud to serve clients throughout Lone Tree, Trinidad, Castle Pines, Denver, Douglas County, and Castle Rock, Colorado.