A motor vehicle accident can happen in a matter of seconds, but the consequences may continue long after the crash. In addition to vehicle damage, drivers and passengers may face medical expenses, lost income, insurance disputes, and ongoing physical or emotional challenges.
If another driver’s negligence contributed to the accident, you may have the right to pursue compensation for your injuries and other losses. However, navigating a motor vehicle accident claim can involve more than simply reporting the crash to an insurance company.
Colorado drivers should understand the steps involved in an accident claim, how fault can affect compensation, and why acting promptly may be important. If you have been injured in a collision, speaking with a personal injury attorney can help you understand your legal options and the claims process.
What Is a Motor Vehicle Accident Claim?
A motor vehicle accident claim is a legal or insurance claim seeking compensation for losses resulting from a vehicle collision.
Depending on the circumstances, a claim may involve:
Car accidents
Motorcycle accidents
Truck accidents
Rideshare vehicle accidents
Pedestrian collisions
Bicycle accidents involving motor vehicles
Multi-vehicle crashes
A claim may seek compensation for losses such as medical expenses, lost wages, property damage, pain and suffering, and other damages that may be legally recoverable.
The amount and type of compensation available depend on factors such as the severity of the injuries, who was responsible for the accident, insurance coverage, and the evidence supporting the claim.
What Should You Do Immediately After a Colorado Car Accident?
The steps you take immediately after an accident can affect both your health and your potential claim. If you are involved in a crash, prioritize safety first. Move to a safe location if possible and seek emergency medical assistance when necessary.
Colorado law requires drivers involved in a traffic accident resulting in injury, death, or property damage to stop at the scene and provide required information. Drivers must also render reasonable assistance to people who are injured when appropriate.
When it is safe to do so, consider:
Calling 911 when appropriate
Obtaining medical attention
Exchanging contact and insurance information
Photographing the accident scene and vehicle damage
Collecting contact information from witnesses
Reporting the accident as required
Keeping records of medical treatment and expenses
Even when an accident initially appears minor, medical evaluation can be important because some injuries may not produce immediate symptoms.
How Is Fault Determined in a Colorado Motor Vehicle Accident Claim?
Determining who was responsible for an accident is one of the most important parts of an auto accident claim.
Evidence may include:
Police or accident reports
Photographs and videos
Traffic or surveillance camera footage
Witness statements
Vehicle damage
Medical records
Driver statements
Accident reconstruction evidence when appropriate
Colorado follows a comparative negligence system for many negligence claims. Under Colorado law, an injured person may still recover damages in certain circumstances even if they contributed to the accident, but the amount recovered can be reduced based on their percentage of fault.
For example, if a person has $100,000 in damages and is determined to be 20% responsible for the accident, their recoverable damages could be reduced by 20%, depending on the circumstances and applicable law. Because fault can directly affect compensation, it is important not to assume that being partially responsible automatically eliminates your ability to pursue a claim.
What Compensation May Be Available After a Motor Vehicle Accident?
The damages available in a motor vehicle accident claim depend on the nature and extent of the losses.
Potential compensation may include:
Emergency medical expenses
Hospital and physician bills
Rehabilitation and therapy costs
Future medical treatment when legally recoverable
Lost wages
Loss of future earning capacity
Vehicle repair or replacement costs
Pain and suffering
Emotional distress
Other legally recoverable losses
Medical expenses and lost income may be supported through bills, receipts, employment records, and other documentation. Non-economic losses, such as pain and suffering, can be more difficult to quantify. The circumstances of the accident, severity of the injuries, and applicable Colorado law can all affect how damages are evaluated.
How Does Insurance Affect an Auto Accident Claim?
Insurance coverage can play a major role in the outcome of an auto accident claim.
After a collision, insurance companies may investigate:
How the accident happened
Who was responsible
The extent of the injuries
Whether the injuries are related to the accident
The amount of property damage
Available insurance coverage
An insurance company’s initial assessment does not necessarily determine the full value of your claim. You should also be careful about accepting an early settlement before you understand the full extent of your injuries and losses. Once a settlement is finalized, you may be unable to seek additional compensation for the same claim.
If you receive a settlement offer and are unsure whether it adequately covers your losses, consider having it reviewed by a personal injury attorney before accepting it.
What If the At-Fault Driver Does Not Have Enough Insurance?
Not every driver involved in an accident will have sufficient insurance coverage to pay for all of an injured person’s losses. Colorado requires drivers to carry minimum liability insurance coverage, but the available coverage may not always be enough to fully compensate someone who suffers significant injuries.
In some circumstances, uninsured or underinsured motorist coverage may become relevant. Whether this coverage applies depends on the insurance policies involved and the circumstances of the accident. Reviewing the applicable policies carefully can therefore be important after a serious collision.
How Long Do You Have to File a Motor Vehicle Accident Claim in Colorado?
Deadlines are an important consideration after a Colorado motor vehicle accident. Colorado generally provides a three-year statute of limitations for tort actions involving bodily injury or property damage arising from the use or operation of a motor vehicle.
However, the deadline that applies to your specific claim may depend on factors such as:
The type of accident
The nature of the claim
The parties involved
Whether a government entity is involved
When the injury or damage occurred
Other circumstances recognized by Colorado law
Missing an applicable deadline can seriously affect your ability to pursue compensation.
For this reason, it is generally better to understand your legal deadlines early rather than waiting until the end of the applicable limitation period.
Can You Handle a Motor Vehicle Accident Claim Yourself?
Some straightforward accident claims can potentially be handled without an attorney.
For example, a person may choose to manage their own claim when:
Liability is clear
Injuries are minor
Medical treatment is limited
Property damage is straightforward
The insurance company is cooperative
The settlement offer appears reasonable
However, more complicated claims may benefit from legal guidance. Consider speaking with a personal injury attorney if your injuries are serious, liability is disputed, the insurance company denies your claim, multiple parties are involved, or you are unsure whether a settlement offer is fair. A consultation does not necessarily mean that you must file a lawsuit. It can simply help you understand your rights and available options.
When Should You Contact a Personal Injury Attorney?
There is no single rule that determines when every accident victim needs an attorney.
However, legal guidance may be particularly useful when:
Your Injuries Are Serious or Ongoing
Serious injuries can involve significant medical expenses, extended treatment, rehabilitation, or permanent limitations. If you do not yet know the full extent of your recovery, it may be difficult to determine the value of your claim.
Fault Is Disputed
If the other driver denies responsibility or the insurance company argues that you contributed to the accident, establishing fault may require additional evidence.
The Insurance Company Denies Your Claim
An insurer may dispute liability, question the connection between your injuries and the accident, or refuse to provide the compensation you believe is appropriate.
Multiple Vehicles Are Involved
Multi-vehicle accidents can involve several drivers, insurance policies, and competing accounts of what happened. Determining how responsibility should be allocated may therefore become more complicated.
You Have Significant Lost Income
An accident may prevent you from working temporarily or permanently. If your injuries affect your ability to earn income, those losses may become part of your claim.
You Are Unsure About Your Legal Rights
If you do not know what compensation may be available or which Colorado laws apply to your situation, an attorney can help explain the claims process.
What Evidence Should You Keep After a Car Accident?
Documentation can be valuable when pursuing a motor vehicle accident claim.
Try to preserve:
Accident reports
Medical records
Medical bills
Prescription and treatment expenses
Photographs of injuries
Photographs of the accident scene
Vehicle repair estimates
Insurance correspondence
Pay stubs or other proof of lost income
Witness contact information
Relevant messages or correspondence
You may also want to keep a personal record of how your injuries affect your daily activities, work, sleep, mobility, and other aspects of your life. The more clearly your losses are documented, the easier it may be to demonstrate the impact of the accident.
Common Mistakes to Avoid After a Vehicle Accident
One reason traumatic brain injuries can be difficult to recogn
Even a seemingly straightforward accident can become more complicated if important steps are overlooked.
Common mistakes include:
Delaying necessary medical treatment
Failing to document the accident scene
Assuming an injury is minor without medical evaluation
Admitting fault at the accident scene
Providing extensive statements to an insurer without understanding the potential consequences
Accepting a settlement before understanding your total losses
Failing to keep records of medical expenses and lost income
Posting details about the accident on social media
Waiting too long to investigate legal deadlines
Taking reasonable steps after an accident can help preserve evidence and protect your interests.
ize is that symptoms may not always appear immediately. After an accident, adrenaline and stress can temporarily make it difficult to recognize how seriously you have been injured. Some symptoms may also develop or become more noticeable as time passes.
That is why it is important to monitor your condition after an accident, even if you initially feel fine. If new or worsening symptoms appear, seek medical attention rather than assuming they are unrelated to the accident.
Why You Should Not Rush to Settle Your Claim
Insurance companies may attempt to resolve claims quickly after an accident. While an early settlement can provide immediate financial relief, accepting an offer before your medical condition is fully understood can create problems later.
For example, you may discover that you need additional treatment after accepting a settlement. Depending on the agreement and applicable law, you may not be able to seek additional compensation for those future expenses.
Before accepting a settlement, make sure you understand:
What losses the settlement covers
Whether future medical expenses are included
Whether the settlement releases additional claims
How the payment will affect your ability to pursue further compensation
If you are uncertain about the terms, consider discussing the offer with a personal injury attorney.
Talk to a Personal Injury Attorney About Your Accident
A Colorado motor vehicle accident can create physical, financial, and emotional challenges that extend well beyond the day of the collision.
Understanding how fault, insurance coverage, damages, evidence, and filing deadlines can affect a motor vehicle accident claim can help you make informed decisions about your next steps.
At 5280 Injury Law, our experienced personal injury attorneys can review the circumstances of your accident, explain your legal options, and help you understand the claims process.
If you have been injured in a Colorado motor vehicle accident, do not assume that the insurance company’s first offer represents the full value of your claim. Contact 5280 Injury Law today to schedule a consultation and discuss your case with an experienced personal injury attorney.
Frequently Asked Questions (FAQs)
How do I start a motor vehicle accident claim in Colorado?
Start by obtaining appropriate medical care, documenting the accident and your injuries, gathering relevant evidence, and notifying the appropriate insurance companies. If your claim involves serious injuries, disputed liability, or other complications, consider speaking with a personal injury attorney.
How long do I have to file a motor vehicle accident claim in Colorado?
Colorado generally has a three-year statute of limitations for tort actions involving bodily injury or property damage arising from the use or operation of a motor vehicle. Different rules or exceptions may apply depending on the circumstances of a particular claim.
Can I recover compensation if I was partially at fault?
Potentially. Colorado’s comparative negligence rules can allow an injured person to recover damages when their negligence is less than the negligence of the party against whom recovery is sought, with damages reduced according to the injured person’s percentage of fault.
Should I accept the insurance company's settlement offer?
Do not feel pressured to accept a settlement before you understand your injuries, losses, and the terms of the agreement. Once a settlement is finalized, your ability to pursue additional compensation may be limited.
What if the other driver does not have enough insurance?
Depending on the circumstances and the insurance policies involved, uninsured or underinsured motorist coverage may provide another potential source of compensation. An attorney can review the applicable policies and explain your options.
