Know Your Rights After a Traffic Collision in Colorado

Traffic collisions are inherently stressful. In the aftermath, you may be dealing with injuries, shock, mounting medical bills, and maybe even loss of income because you are unable to work. Amidst all this, you must also navigate the tedious insurance process.

Our personal injury lawyers are here to guide you through these difficult situations, and we’d like to start by informing you of your rights.

Take Immediate Action

Your safety and well-being should always come first. If you have been in a traffic collision, check for injuries, move to safety, and notify the police, regardless of the accident's severity. The police will document the incident and ensure you are safe.

If you are physically able, exchange contact and insurance information with the other party, including the driver’s:

• Name
• Address
• Phone number
• Insurance company
• Policy number
• License plate number

When possible, gather evidence, including:

• Eyewitness testimony
• Photos of the accident scene
• Vehicle damage
• Road conditions
• Or anything that can support your insurance claim

Your Rights Under Colorado Law

Once you are safe and have handled immediate priorities, it’s essential to consider the next steps. In Colorado, you have several fundamental rights, including:

The Right to Gather Evidence

No matter what anyone tells you, you can take photos of damaged vehicles and collect contact and insurance information from the other driver. You also have the right to obtain a copy of the police report (if one was filed).

The Right to File a Claim

Colorado is a “fault” state.” That means the person who caused the accident is responsible for paying damages. Under state law, you can file a claim with your insurance provider.

The Right to Fair Treatment

Our state requires car insurance companies to act in good faith by handling all matters promptly, maintaining transparency, and offering reasonable explanations for denials or lower settlement amounts.

More specifically, insurance companies cannot legally misrepresent policy provisions, withhold necessary forms or documents, unreasonably delay or deny claims, or discriminate based on race, sex, age, disability, and additional factors.

The Right to Refuse Early Settlements

Insurance companies often try to illegally settle claims as quickly as possible and for as little money as possible—usually before you understand the full extent of your injuries. Additionally, providers may try to downplay injuries or pressure you into accepting a lower settlement.

Under Colorado law, if a person is injured as a result of a crash or other accident that might give rise to liability and is still receiving medical treatment for their injuries, the tortfeasor’s insurance company is prohibited from:

(a) Negotiating or attempting to negotiate a settlement with the injured patient for 30 days;

(b) Obtaining or attempting to obtain a general release of liability from the injured patient for 30 days; and

(c) Obtaining or attempting to obtain any statement, either written, oral, recorded, or otherwise, from the injured patient for 15 days.

If the tortfeasor’s insurance company violates any of these rules, the settlement agreement entered into or any general release of liability given by the injured patient is void and any statement, written, oral, recorded, or otherwise, which is given by the injured party may not be used in evidence against the interest of the injured party in court.

Contact our personal injury team immediately if your provider is not acting in good faith. We will guide you through the claims-filing process and fight for the maximum compensation legally available.

The Right to Legal Representation

Many people do not seek legal assistance, whether because they believe an attorney is cost-prohibitive or because they are intimidated by negligent insurance providers who claim that lawyers will slow down the process or lead to a lower settlement. This is all untrue.

Hiring an experienced personal injury lawyer is one of the best decisions you can make.

We are not intimidated by insurance providers and will negotiate on your behalf to ensure you are compensated fairly for your injuries. We also work on a contingency basis, which means we don’t get paid unless you do. Our fee and the case cost we advance on your behalf come out of the settlement.

Your Rights Are Our Priority!

Has a negligent driver injured you, or is your insurance company failing to act in good faith? We can help. With over 30 years of personal injury experience, we have helped countless victims fight for their rights and receive the maximum compensation they deserve. Contact us today for a free consultation!