No, Colorado is not a no-fault state. Instead, Colorado insurers must determine fault for an accident when investigating claims. Thus, the person who causes the accident must pay all the costs of a victim’s damages—or, more often, their insurance provider will have to pay.
In a no-fault system, each person involved in the accident would file a claim with their insurer. In Colorado’s system, you will likely file a claim with the at-fault party’s insurance company.
Let a Colorado car accident lawyer handle these details and everything involved with your claim and any lawsuit you decide to file.
For a free legal consultation, call 303-777-1000
Tell us about your caseWhat a Fault-Based Insurance System Means for You
The fault-based insurance system has these consequences for accident victims.
You May Face Baseless Allegations of Causing the Accident
If someone is at fault for the accident, you can hold them and their insurer liable for your damages. What this means for you is:
- Not being at fault for the accident is a significant financial benefit.
- There is a tremendous financial risk to being at fault for the accident.
- Even if the fault is fairly cut and dry, do not be surprised if the other driver accuses you of causing an accident.
Liable parties may ask themselves, “Why not accuse them of causing the accident; we have nothing to lose?” Some accident victims won’t fight such baseless allegations—losing money as a result—but you absolutely should contest them.
You Bear the Burden of Proving Fault
Because who is at fault is the central question after an accident, it’s your responsibility to prove who caused your crash. However, establishing fault can be challenging without an experienced car accident lawyer by your side.
Your legal team may prove the at-fault driver’s liability with:
- An admission by the at-fault driver that they proffered to witnesses or the responding police officer
- Video of the accident
- Eyewitness testimony depicting the collision
- Photographs of the accident scene (e.g., a picture showing one vehicle lodged into the back of another in a rear-end collision)
- An expert’s reconstruction of the accident
You Could Lose Money if You don’t Prove the At-Fault Party’s Responsibility
If the adjuster or a jury determines you were at fault for your accident, you might face these consequences:
- Your insurer will have to pay for the other party’s losses
- You will likely pay higher insurance premiums (or your insurer might drop you)
- The other driver might sue you to recover additional losses (e.g., pain and suffering)
All these possibilities could have significant long-term financial ramifications.
You Might Have to Sue an Uninsured At-Fault Motorist
The Colorado General Assembly notes that auto insurance is mandatory for drivers registered in the state. Yet, as you may know, not every motorist follows the law.
Because you would typically rely on the at-fault party’s insurance company to pay your losses, what do you do if they have no insurance?
- You could tap into your uninsured motorist coverage if you purchased it
- You could file a lawsuit against the driver to get the money you deserve
You May Be Wise to Hire a Lawyer to Make Your Case
As you can see, navigating a car accident insurance claim can become complicated. Moreover, understanding insurance policies and regulations, developing a legal strategy, and fighting to prove fault are stressful for victims—especially those recovering from severe injuries.
Instead, allow a Colorado auto accident lawyer to assist you because:
- Attorneys regularly handle car accident insurance claims and lawsuits.
- A lawyer will prevent potentially expensive mistakes, like accidentally admitting fault or accepting an insufficient settlement offer.
- With a lawyer handling your case, you can focus on your health.
With so much on your plate following a crash, you should not hesitate to ask for help.
The Importance of Colorado’s Fault-Based Insurance Framework
Car accident victims must be aware of Colorado’s no-fault laws and the impact of comparative negligence on their insurance claims. Hiring a lawyer knowledgeable about these complicated legal concepts could greatly benefit you.
Colorado’s no-fault statutes affect anyone involved in a traffic accident, not just car crashes:
- Truck accident victims
- Motorcycle accident victims
- Rideshare accident victims
- Pedestrian accident victims
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Tell us about your caseProving Fault and Other Ways a Colorado Car Accident Lawyer Can Help You
In addition to establishing fault for your car accident, your lawyer will:
- Explain all relevant aspects of your case
- Secure evidence
- Document all your losses
- Represent you in settlement negotiations
- File a personal injury lawsuit if necessary
- Argue your case before a judge and jury
Most importantly, your lawyer will advise you, provide regular updates, and be fully responsible for every detail of your case. This degree of full service is immeasurably valuable as you recover from your injuries.
Your Damages Will Be Your Car Accident Lawyer’s Focus
Amidst the no-fault laws and other details of your case, your lawyer’s eye will be on the compensation you deserve. Their settlement demands will reflect the harm from your crash, which may include:
- Healthcare costs
- Pain and suffering (e.g., physical pain, anxiety, post-traumatic stress disorder (PTSD), and more)
- Lost earnings, bonuses, and promotions
- Vehicle repairs
- Temporary transportation
Many accident victims struggle long after the collision. For example, your lawyer will demand compensation to cover any long-term mental health-related treatment you need.
303-777-1000
Matlin Injury Law can help you get the compensation you deserve.
Call Matlin Injury Law Today for a Free Consultation About How a Lawyer Can Help You
Matlin Injury Law has secured over $25 million for our clients. We’ll fight to get you more money faster. You’ll be in capable hands with our Colorado car accident lawyers, who have more than 50 years of combined experience navigating our state’s no-fault laws and securing fair settlements for clients.
Call Matlin Injury Law today and complete your free consultation. There is no cost, no pressure, and no obligation to hire us. Don’t wait to call.
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