If you’ve just been in a car accident, you’re likely dealing with significant stress around your medical care, insurance coverage, and the financial issues that may arise from missing work. In Colorado, several avoidable missteps can weaken or destroy your claim, so it’s wise to get informed before you proceed.
Here are five mistakes after car accidents that we see most often, as well as tips on what to do instead. If you need legal assistance, a seasoned auto accident attorney in CO can walk you through your specific situation.
Mistake #1: You leave the scene or fail to call the police.
Even if the accident seems like more of a minor fender-bender, Colorado law requires drivers to stop, exchange insurance information, and provide aid when needed. If no officer is present, reporting the accident is also required.
Skipping these steps violates Colorado’s traffic laws. Not to mention, having police documentation preserves key facts when memories are freshest.
Do THIS instead:
- Move to safety, check for injuries, and call 911 if necessary.
- Exchange names, contact info, driver’s license numbers, and insurance details.
- Photograph vehicles, the scene, and any visible injuries.
- File any required reports as soon as possible.
These steps comply with the state’s duties to stop, give notice and aid, and report crashes.
Mistake #2: You admit fault, even casually.
It’s not uncommon to feel compelled to apologize when an accident happens, even when you’re not at fault. However, Colorado’s comparative negligence system determines that fault is apportioned amongst all involved parties. If you’re found to be at least 50% at fault, you recover nothing from the accident. Even a smaller finding of fault reduces the amount you can recover.
Remember, off-hand apologies or speculative statements at the scene can be taken out of context and used to increase your share of fault.
Do THIS instead:
- Stick to facts when speaking with an officer: who, where, when, and what you observed.
- Avoid speculating about speed, right-of-way, or visibility.
- Let the investigation and your attorney handle liability arguments.
Mistake #3: You delay medical care or ignore MedPay.
Panic has an incredible way of masking pain, so even if you do not feel injured, it’s always wise to see a medical professional after an accident. Waiting several days can give insurers reason to argue that your injuries were either unrelated to the crash, or that they weren’t serious.
In Colorado, most auto insurance policies include Medical Payments (MedPay) coverage unless you reject it in writing. If the insurer can’t prove you rejected it, your policy is presumed to include at least $5,000 in MedPay benefits. MedPay can cover necessary and accident-related care regardless of fault, which helps you get treated and creates a medical paper trail early on in the process.
Do THIS instead:
- Get evaluated as soon as possible. Soft-tissue damage, concussion symptoms, and brain injuries can show up later.
- Ask your insurer to confirm your MedPay status and its limits. If they claim you opted out, request the signed rejection form to make sure.
- Use MedPay and keep every bill and record in a safe place.
Mistake #4: You give recorded statements before you’re ready.
It’s quite common for the at-fault driver’s insurer to call and ask for a recorded statement. That statement can be used to minimize your injuries, shift blame, or pick apart small inconsistencies.
It’s important to notify your insurer and cooperate with them as your policy outlines, but you do not have to rush into recording an interview with the other insurer. Once you’ve reported the incident to your own insurer, it’s a good time to speak with an attorney who can prepare you and field communication with insurance agents as needed.
Do THIS instead:
- Report the crash to your insurer on time and stick to presenting the facts.
- Before speaking on the record to the other party’s insurer, consider a consultation with an auto accident attorney in Colorado, so that you understand potential traps and how Colorado’s laws apply to you.
Mistake #5: You miss deadlines.
Colorado gives most people three years to file a lawsuit for injuries arising from a car crash. If you miss that window, your claim may be barred. There are also special, shorter notice rules that apply when a government entity or employee is involved. In those cases, you generally need to serve a written notice of the claim within 182 days of discovering the injury. Further, you can’t sue until certain criteria have been met.
Do THIS instead:
- Mark the three-year limitations period for motor-vehicle injuries on your calendar right away.
- If a government entity might be involved, talk to counsel immediately, so that you don’t miss the 182-day notice requirement.
Protect Your Car Accident Claim Early with a Colorado Auto Accident Attorney
The hours and days immediately following a car crash matter. Following our car crash dos and don’ts will help you avoid any auto accident pitfalls and preserve your rights. If you’re unsure about next steps, seek personalized legal tips for accident victims from an experienced auto accident attorney in CO. Get started today with a free consultation.
