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Car accidents are sudden, shocking experiences for anyone unfortunate enough to be involved in one – especially innocent passengers. If you were injured as a passenger in a Denver car accident, you may be wondering what to do. Below, The Wilhite Law Firm discusses the factors passengers should consider and the steps passengers should take following a Colorado car crash.
Get Medical Attention Right Away
Any time you sustain injuries as a passenger in a car accident, your priority should be your health and physical well-being. If your injuries are particularly severe or life-threatening, you should seek emergency medical treatment immediately. Have someone else contact emergency services for you if you are unable.
Even if you feel fine or your injuries don’t seem too serious, it’s a good idea to get a full medical exam anyway. You could have an “invisible injury,” such as a concussion or whiplash, which should receive prompt treatment. Serious injuries such as internal bleeding and traumatic brain injuries also may not be immediately apparent but could become life-threatening without treatment.
Know Who to Talk to – and Who Not to Talk to
Under Colorado state law, passengers involved in a car crash are required to exchange certain information with other parties involved in the accident, including other drivers, passengers, or non-vehicle occupants. You will likely also be required to provide information to any police officers summoned to the scene of the accident.
On the other hand, anything you say to other drivers, their insurance providers, or their lawyers could later be used to minimize your claim and deny you compensation. It’s often in your best interest to say nothing to these parties at all. A Denver car accident attorney can speak with other parties on your behalf to ensure you avoid harmful statements while seeking the financial recovery you need.
Find Out Who Was at Fault for the Accident and What Happened
If you were a passenger in a vehicle whose driver was partially or totally responsible for a Denver car accident, you may be worried about your options for filing an insurance claim. Whether your accident was a single-vehicle crash or involved one or more other cars, the good news is that you’ll still be able to file a claim with the at-fault driver’s insurance to recover compensation – even if the driver of the car you were in was at fault.
The same is true for situations involving an at-fault driver in another car, or even accidents that are caused by the negligence of several motorists. In these cases, passengers can bring insurance claims against one or more other at-fault drivers involved in the crash.
Collect Evidence from the Scene, Talk to Witnesses
To the extent that you can, you’ll want to collect your own evidence from the scene when you’re involved in a car accident. Write down everything you can remember about the crash and the moments leading up to it.
Speak to any eyewitnesses you notice and request their contact details. Take photographs of the accident scene and any injuries sustained by occupants of your vehicle. This kind of information can be valuable later on if disputes arise about the nature of the crash and the extent of your injuries.
Determine What Kinds of Damages You Can Claim
Serious car accidents often leave passengers with significant injuries, property damage, and other losses that create overwhelming financial hardship. With the help of a skilled attorney, you can recover certain damages in a car accident claim to ease this burden.
Some of the damages you can claim include reimbursement for specific, measurable economic losses such as medical expenses, repair costs, and lost wages. However, you may also be able to recover non-economic damages for more subjective losses like pain, suffering, or loss in quality of life. While harder to put a number on, these losses are just as real and just as compensable.
Keep Track of All Related Bills and Statements
To recover the economic damages listed above, you’ll need proof of all the expenses you incurred as a result of your accident. This means that you’ll want to keep track of all related bills and other evidence of your financial losses.
It’s a good idea to keep a physical or digital file of all of your accident-related expenses, including medical bills, hospital or ambulance invoices, receipts for property damage repairs, and pay stubs or bank records as proof of missed time at work.
You may also be able to recover compensation for associated costs, such as transportation to and from medical appointments, home modification and accessibility expenses, and costs of home caregiving or rehabilitation. Be sure to save invoices from these as well.
Follow Through with Medical Treatment
If you sustained injuries that required medical attention, chances are your doctor recommended some specific treatment courses or prescriptions to help you heal. It’s important to follow through with these treatments, even if you feel they are unnecessary, for two main reasons.
The first involves your physical well-being. The better you take care of yourself now, the less chance you have of developing additional injuries or chronic conditions later on.
The second involves your ability to recover compensation in insurance claims or personal injury lawsuits. If insurance adjusters or defense attorneys can prove that you didn’t follow prescribed treatment plans, they may be able to demonstrate that you aren’t taking your injuries very seriously and do not deserve to be compensated as a result.
Keep Notes About How Your Injuries Affect Your Life
No matter how diligent you are about seeking medical attention and following your treatment plans, there are some things that just won’t be evident from your medical records alone. This can include the extent to which your injuries cause you subjective pain, prevent you from doing the things you enjoy, and reduce your overall quality of life.
Our personal injury attorneys recommend that all clients keep a “pain journal” to help them record the intangible effects of their accident-related injuries. In this pain journal, you should keep track of your daily levels of physical pain, your mental and emotional well-being, and any limitations you experience as a result of your injuries.
What Are My Rights as a Passenger in a Single-Car Accident in Colorado?
If you’re involved in a single-car accident as a passenger in Colorado, you have several rights that can help you manage the aftermath of the crash effectively:
Insurance claim – First, you have the right to file an insurance claim. In most cases, the driver’s insurance should cover your injuries and losses. This includes coverage for medical expenses and income losses resulting from the accident. Promptly filing your claim allows the insurance company to process it without delay. If the driver has no insurance or doesn’t have enough to cover all your losses, your own insurance might cover you if you have uninsured or underinsured motorist coverage.- Accident report – You also have the right to obtain a copy of the accident report. This report contains detailed information about the accident, such as the time, location, and event description. It might also include a preliminary assessment of fault from the investigating officer, which can be critical to the claims process. You can request this report from the local police department that responded to the incident or through the Colorado Department of Motor Vehicles.
- Personal injury lawsuit – If the insurance claim does not fully compensate you for your losses or if there are disputes about the coverage, you have the right to file a lawsuit. Legal action can help you recover additional compensation that insurance might not provide. This includes money for ongoing medical treatment, long-term care needs, and other related expenses. A Colorado passenger accident lawyer can help you explore your options and demand full compensation for your losses.
What Are My Rights as a Passenger in a Multiple-Car Accident in Colorado?
As a passenger involved in a multi-car accident in Colorado, one of your key rights is the ability to file insurance claims against multiple parties. This could mean filing claims against the insurance policies of all drivers involved in the collision, including the one driving the car you were riding in. Filing claims with multiple insurers increases your chances of receiving full compensation.
Begin by filing a claim with the insurance company of the driver of the car in which you were a passenger. Even if this driver is someone you know, such as a friend, their insurance policy will likely cover you as a passenger in a car accident in Colorado. You should also file claims with the insurers of the other drivers involved. Each driver’s insurance could contribute to your overall payout, depending on their degree of fault and policy limits.
If insurance settlements do not adequately cover your losses, you can file a lawsuit against any at-fault drivers. With a successful lawsuit, you could recover additional compensation for medical expenses and other losses the insurance claims did not fully cover. An experienced car accident attorney can help you identify possible sources of compensation, prepare your claims, and represent you in court if necessary.
How Do I Know Which Insurance Company to File a Claim With?
One of the first steps in seeking compensation after a car accident involves determining which insurance companies you can file your claim with. You can start by examining whose insurance policies might apply. This might include the driver of the car you were in and the drivers of any other vehicles involved in the accident. Get insurance policy information from each of these drivers, just in case.
Next, you should consult a skilled car accident lawyer. They can help you understand the specifics of each insurance policy that could apply and handle the process of filing claims with the right companies. They can also assess the details of the accident, determine who is at fault, and advise you on the most strategic ways to pursue your claims for maximum compensation.
Additionally, your lawyer can handle communications with the insurance companies for you. Remember, each insurance company will do everything possible to minimize their payout. An attorney can identify insurance company tactics and negotiate aggressively to demand fair compensation. This can relieve you of considerable stress and help you maximize your financial recovery.
How Long Will It Take for Me to Get My Settlement?
The time it takes to get your settlement after a car accident can vary widely. The wait time depends on several factors, such as the complexity of the accident, the clarity of fault, the number of parties involved, and how quickly insurance companies process the claims.
Generally, if the case is straightforward and fault is clear, it can settle within a few months. However, there may be multiple vehicles involved or a dispute over who is at fault. These claims might take longer to resolve, sometimes a year or more.
It’s worth noting that a quicker settlement isn’t always better. Rushing to settle can often lead to accepting less compensation than you deserve, especially if your injuries are still healing. Once you accept a settlement, you can’t go back and demand more money – even if you develop new medical conditions or complications resulting from the same crash.
You likely will not know the long-term effects of your injuries until you reach maximum medical improvement (MMI). MMI is the point at which additional medical care will not improve your condition. Once you reach MMI, your attorney can accurately assess the accident’s total impact on your health and working ability. Then, they can use this assessment to seek fair compensation for all past and future medical costs and income losses related to the accident.
Your lawyer will work efficiently to resolve your case. But their focus will be on recovering maximum compensation for you, even if it takes a bit longer. They will take the time to gather all necessary evidence, negotiate with all involved parties, and, if required, prepare your case for trial. This thorough approach allows you to pursue the right amount for all accident-related losses.
What If the Driver of the Car I Was in Is At Fault?
If the driver of the car you were in is at fault in an accident, you can file a claim with their insurance provider. In Colorado, drivers must have liability coverage. This insurance policy pays for injuries to others if the driver causes an accident. This means the driver’s insurance should compensate you for medical expenses, lost wages, and other losses if they are at fault.
Feeling concerned about filing a claim against someone you know is natural. But remember that filing a claim against a friend’s or family member’s insurance does not involve taking money directly out of their pocket. Their insurance will pay out the claim, not them personally.
If the driver is uninsured or doesn’t have enough insurance to cover all your expenses, you could be entitled to coverage under your own insurance policy. If you have uninsured or underinsured motorist coverage, it can provide the compensation you need. A skilled accident attorney can review your situation and identify all possible sources of insurance coverage after a Colorado car wreck.
What If the Accident Is Caused by a Family Member?
If a family member was the at-fault driver of the car you were in, your options for pursuing compensation may be a bit different.
First, check your family member’s insurance policy to determine whether family members are excluded from liability benefits. The policy should spell out who may be entitled to these benefits. You could be entitled to additional, optional benefits like Medical Payments (MedPay) even if you are excluded from the liability policy.
Remember, filing an insurance claim does not mean you are taking money directly from your family member. Instead, it involves claiming compensation from their insurance policy, which is what it’s there for.
You should also check your own insurance policy if your family member’s insurance does not fully cover your medical expenses and other losses. Depending on the policy, your uninsured or underinsured motorist coverage could make up some or all of the difference.
A car accident injury lawyer can help you handle this type of situation delicately, pursuing the compensation you need while maintaining family relationships. This way, you can get the financial support you need without unnecessary tension.
What If the Passenger Is Liable for the Car Accident?
Accident liability typically falls on drivers because they control the vehicles involved. However, there are rare situations where a passenger’s actions might lead to a crash, such as by grabbing the steering wheel or intentionally distracting the driver.
If the insurance companies or courts determine you contributed to the accident, seeking compensation becomes more complex. The amount you can recover might decrease based on your percentage of fault under Colorado’s comparative negligence doctrine. And if you are 50 percent or more at fault, you could lose the right to demand compensation altogether.
This is why it’s vital to seek legal advice if other parties accuse you of liability for a car accident. A lawyer can evaluate the impact of your actions on the collision, minimize your degree of fault, and argue for a fair payout under the circumstances.
Maximize Your Chances of a Successful Claim with Legal Help
The best way to maximize your chance of a full and fair recovery through a successful passenger accident claim is to seek legal help from an experienced Denver personal injury lawyer. The compassionate attorneys at The Wilhite Law Firm have helped thousands of injured car accident victims like you throughout northeastern Colorado recover millions of dollars in rightful compensation in insurance settlements and trial verdicts.
We will stop at nothing to support your claim and help you get your life back on track. We’re happy to offer free initial consultations. Call us now or contact us online to get started with your confidential case review.
