Colorado Springs Personal Injury Lawyer | Colorado Auto Accidents Attorney

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Automobile accidents can have devastating consequences. In addition to the pain and suffering, you may be faced with enormous medical bills, lost wages, rehabilitation costs, and other expenses. You must be aware of your rights so that you can make the best decisions for your future. Unfortunately, most insurance company representatives may not be motivated to look out for your best interests during this process. Whether you have been injured in an automobile accident or a slip and fall, Attorney Ken Jaray will help you understand your rights and get you the compensation you deserve.

Auto Accidents
The following is a brief description of the No-Fault changes currently in effect for those insurance policies issued or renewed as of July 1, 2003 as well as the No-Fault law in effect for those insurance policies issued or renewed prior to July 1, 2003.

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As of July 1, 2003, Colorado is no longer a "no fault" state. The Colorado legislature passed significant changes in the way our automobile insurance and tort system works. For many years we have had a "no-fault" system, which required all Colorado drivers to have a minimum level of medical, rehabilitation, lost wage and essential services benefits with all automobile insurance policies. This system provided a great deal of security to those who were involved in an automobile accident, whether the accident was your fault or not. After July 1, 2003, all insurance policies renewed or purchased will no longer have these coverages available. Colorado now falls under a tort system rather than the previous no-fault system.

The new tort system provides that all damages (including any reasonable and necessary medical expenses) should be covered by the driver at fault for the accident. There are two major concerns with this type of system for most drivers. First is the fact that the other driver's insurance company will probably not be willing to pay any medical or other bills until a full and final settlement is reached. Secondly, it is anticipated that there will be a lot more fighting over who is at fault for the accident than in the past.

Most people should probably purchase some med pay coverage from their auto insurance company.

One of the first decisions you will need to make is how much, if any, medical pay coverage you should buy as part of your own automobile insurance coverage. In most cases, when your insurance policy is renewed, you may not be provided with any medical pay coverage unless you specifically call and request it. Prior to doing so, you should check your health insurance policy to see what your co-pay and deductibles will be. Regardless of your health policy, and certainly if you do not have a health policy, you should seriously consider purchasing some med pay coverage from your auto carrier. If you check around, you will probably learn that the coverage is not very expensive. You will also need to decide how much coverage to buy. Most companies sell from $5000 to $100,000 of coverage. You will also need to find out for how many years you will be covered. In some cases it will be as low as two years from the date of the accident. In the event that you submit a claim, you will need to find out whether you will be required to reimburse your insurance company from any settlement.

If you do have health insurance and no med pay coverage through your auto insurance, you will need to submit your bills to your health insurance carrier. If you cannot afford to pay for your co-pays and deductible, you could ask your doctor to take a lien on your settlement, if the other driver was at fault in causing the accident. You or your attorney would pay these amounts at the time of your settlement. You will also need to check with your health insurance company to determine if they will require you to reimburse them for the medical bills they paid from your settlement.

Once your med pay coverage is exhausted, or if you do not have any such coverage, or any health insurance, your doctor may be willing to treat you on a lien basis, where he/she agrees to get paid out of your settlement. This of course assumes that the accident was not your fault. In some cases, the doctor may suggest you hire an attorney to help you with your claim to make sure that they will in fact be paid for their services. The new changes in the law also removed the $2500 threshold requirement for bringing a claim against the driver at fault. You can now bring a claim regardless of the amount of your medical bills or the extent of your injuries. However, it may be more complicated to bring such a claim without legal help since you will now need to consider all of your losses including medical expenses, lost wages, disability or other damages.

Lost Wage Benefits are no longer available for insurance policies written after July 1, 2003. You may be entitled to submit a claim for short or long term disability if you have a policy through work or on your own. If you do lose time from work, you should document your loss as much as possible. You can recover for these losses as part of a settlement with the driver at fault for the accident. At some point, if you are unable to return to work for twelve months or a doctor suggests that you will not be able to return to work for more than twelve months, you may be eligible for social security disability benefits.

Essential Services are services that you have to pay for that you used to do for yourself. Some common ones are housework, yard work, driving, etc. If you have to hire someone to help you with these types of chores, you should keep track of these expenses and you may be able to recover for these losses as part of a settlement with the driver who caused the accident

For Insurance policies issued or renewed prior to July 1, 2003, these no-fault benefits should still be in effect:

Lost Wage Benefits are usually paid by your own insurance company regardless of who is at fault for the accident. If you are a passenger or pedestrian, they will be paid by the driver's insurance company. Most insurance policies allow for payment of up to $400 per week for the first 52 weeks after the accident. The exact amount is determined by calculating the sum of 100% of the first $125 loss per week, 70% of the next $125 loss per week, and 60% of any amount thereafter, up to a maximum of $400 per week. You may have purchased more coverage and therefore it is important to check your insurance policy or with your agent to see how much coverage you have available to you.

Essential Services are usually paid by your own insurance company regardless of who is at fault for the accident. If you are a passenger or pedestrian, they will be paid by the driver's insurance company. These benefits are used to reimburse you for up to $25 per day to pay someone to do chores, errands, housework, yard work, etc., that you used to be able to do for yourself but now have to pay someone to do for you.

Vocational Rehabilitation Benefits are usually paid by your own insurance company regardless of who is at fault for the accident. If you are a passenger or pedestrian, they will be paid by the driver's insurance company. These benefits are available to assist you to return to work. If you are unable to return to the type of work you were doing at the time of the accident, they may be used to pay for training or education to gain other marketable skills. These benefits can be used for the first ten years after the accident and may be limited to $50,000. They may also be used to cover medical rehabilitative expenses and will be subject to the same $50,000 limit. You may have purchased more coverage and therefore it is important to check your insurance policy or with your agent to see how much coverage you have available to you.

Medical Benefits are usually paid by your own insurance company regardless of who is at fault for the accident. If you are a passenger or pedestrian, they will be paid by the driver's insurance company. Most insurance policies allow for payment of all reasonable and necessary medical, chiropractic or other treatment for up to five years or $50,000, whichever occurs first. There is also an additional $50,000 available for rehabilitative care for up to ten years. You may have purchased more coverage and therefore it is important to check your insurance policy or with your agent to see how much coverage you have available to you. You may also have purchased a PPO option which may restrict the doctors who you can go to without a penalty.

In addition to possible no-fault benefits you may also recover for damage to your car:

Property Damage to your car should be paid by the other driver's insurance company if they were at fault for the accident. You should contact the other driver's insurance company to start the process. It is helpful if you investigate the cost to repair you car or the value of your car if it is not able to be repaired. The insurance company will usually have someone look at your car; however, you can always present your own information to them as well. Property damage claims can generally be negotiated with the insurance adjuster directly without the need for an attorney, particularly if you are knowledgeable about the cost to repair your car or its value if it is not able to be repaired. You will generally be entitled to a rental car until either your car is fixed or they offer a settlement on your car if it is a total loss. You should always take pictures of your car if possible before it is fixed or sold.

The Time Limit to Bring Your Claim will vary from state to state, and based on the type of claim you have. In Colorado, the normal time limit to bring a personal injury claim is three years from the date of the accident. There are exceptions. Other types of claims may have a shorter statute of limitations. You should not wait until the last minute to decide to bring a claim. In order to avoid the statute of limitations running out, you need to have either filed your claim in the appropriate court or have settled it with the insurance company prior to the deadline. Simply calling the insurance company and reporting your claim is not sufficient. Once your claim is filed in court, it can take longer than three years to resolve without causing any problems with the time limits. You should always consult an attorney to find out exactly the time limit for your particular claim.

Call The Law Firm of Jaray & Webster, LLC today for a free initial consultation.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Personal Injury

The Law Firm of Jaray & Webster, LLC

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If You Have Questions...We Have Answers!