Question

Are there do’s and don’ts for bringing legal action after a motor vehicle accident in Colorado?

Neil A. Hillyard

Answered by:
Neil A. Hillyard

Located in Greenwood Village, CO
Tomazin, Hillyard & Clor, LLP

Neil A. Hillyard - Personal Injury - General - Super Lawyers

Answered by: Neil A. Hillyard

Tomazin, Hillyard & Clor, LLP
Greenwood Village, CO
Phone: 303-771-1900
Fax: 303-793-0923

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Answer

If you are injured in motor vehicle collision caused by someone else’s fault, there are some specific steps that can be considered do’s and don’ts as you pursue compensation in Colorado. 

Being aware of time limitations for filing an action, knowing about the availability of Med Pay coverage, and not giving a recorded statement to the other driver’s insurance company are all important in maximizing the value of your claim.

Are There Time Limitations On Bringing A Lawsuit? 

In Colorado, the statute of limitations for bringing an action for personal injury caused by another’s negligence in a motor vehicle accident is three years. 

When a governmental entity or employee is involved, however, a very specific notice of claim must be submitted to the governmental agency within 182 days or the claim is lost. This is part of a state law called the Colorado Governmental Immunity Act. 

This means that if a vehicle from a government agency injured you, you must give written notice of your claim within the shorter amount of time: 182 days rather than three years. If you comply with the notice requirement, the three-year statute of limitations then applies regarding filing your claim in court. 

MedPay And Your Immediate Medical Bills 

For immediate medical bills after suffering a vehicle accident, it’s good to use the MedPay coverage under your auto insurance policy, if you have such coverage. 

This coverage customarily offers at least $5,000, depending on your policy. 

MedPay is designed to cover bills such as ER bills, X-rays, MRIs and other medical care right after an accident. You will not have to pay this amount back to your own insurance company, even if your insurer seeks reimbursement from you in an action called a subrogation claim after you receive compensation from the other driver’s insurer. This is not true if you use your health insurance, Medicaid or Medicare. They will insist upon reimbursement. 

It is therefore worth checking your policy, to see if you have MedPay, and if you do, how much. 

Don’t Let The Other Driver’s Insurer Record You

After an accident, contact your own insurance company immediately to report it. 

But if the insurance company for the other driver contacts you and tries to get you to give a recorded statement, don’t do it. You don’t want to let them have the chance to use such a statement against you, trying to suggest you were at fault for the crash.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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