FAQs

• How much does a car accident attorney cost?

  Most car accident attorneys in Colorado, including us, work on a contingency basis. This means that if you don’t get paid, we don’t get paid. We don't have a set fee structure as every case is different and each client is unique. 

  Initial consultations are always free, you have nothing to lose by talking with us about your situation. Contact us today by phone at (303) 991-2233 or with our online contact form.

• Should I speak to the other party’s insurance company after a car accident?

  You don't have to. If you do, remember to remain neutral. It’s very important to remember that the other party’s insurance company wants to limit its own liability. They want to pay you as little as possible. They may use statements you made against you in an attempt to limit how much they offer you.

  For this reason alone, it’s important to work with an experienced Colorado car accident attorney from the beginning. The defendant/s will have lawyers from their insurance company on their side, so you should have one on your side as well. Your attorney looks out for your best interests, while the defendant’s insurance company’s lawyers’ look out for theirs. 

• What should I do after a car accident?

  What happens immediately after an accident can play a big role in how insurance companies evaluate a claim. 

  Your safety should be your number one concern - always put your emergency flashers on.

  DO NOT admit fault, even if you may have contributed to the accident.

  Leaving the scene is never recommended, even if the accident wasn’t your fault and/or if you drove to the hospital. Wait for emergency services to arrive.

  If you or others need medical attention, it’s always best to remain calm and wait for emergency services to arrive at the scene of the accident

  If it’s possible to safely move your vehicle out of travel lanes, do so. If it’s not, safely exit your vehicle and remain off the roadway as best you can. If it’s possible to take detailed photographs of the vehicles before they’re moved, do so.

  Documentation: If you’re able to safely obtain photographs, even if you’re not sure if you’ll file a claim, you should. Take numerous photographs of:

  • Your vehicle
  • Other vehicles
  • The roadway, including signs, debris, traffic signals, etc.
  • Anything else that would provide a basis for your opinions
  • Get a police report.
• Do I need a police report to file a car accident claim in Colorado?

  A police report is not required to file an insurance claim after a car accident in Colorado. Although, if possible, it’s always a good idea to obtain one.

  Police reports usually offer a neutral, third-party account of the facts related to the crash and opinions about who is at fault. You will be required to provide information/proof to justify your request for compensation. A police report can be a strong piece of evidence.

• What is a car insurance accident claim?

  A car insurance accident claim is a request for financial compensation that a driver files with their insurance company. When filing a car accident claim in Colorado, you’re asking another driver’s insurance company to compensate you for damages you suffered as a result of the accident. 

• How long do I have to make an insurance claim after a car accident in Colorado?

  The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Each state sets its own laws. 

  In cases involving car accidents in Colorado, the statute of limitations is three (3) years. This means you have three years from the date of the event to file a car accident claim in Colorado.

• What are the steps to file a car accident claim in Colorado?

  A car accident lawyer in Colorado should assist you with this process. That being said, the general steps involved in a car accident claim in Colorado usually involve:

  • Speaking with the police and providing a formal report.
  • Taking photographs (vehicles, roadway, debris, signage, etc.).
  • Contacting your insurance company.
  • Schedule and partake in a vehicle inspection with your insurance adjuster.
  • If your vehicle isn’t totaled, obtain an estimate from a repair shop(s).
  • Receiving an initial offer from your insurance company (if they offer anything).
  • Negotiating with the other driver’s insurance company.
  • Resolving the situation outside of court, if possible.
• Do I need a lawyer for a car accident?

  Ultimately, this is up to you. You can pursue a claim without the help of a car accident attorney in Colorado. However, your chances of recovering the maximum compensation you’re legally entitled to are significantly lower without legal representation. 

  Dealing with the defendant’s insurance company and their lawyers is a complicated and time-consuming process. Having a Colorado car accident attorney on your side is almost always the right choice. Insurance companies have dozens of lawyers working for them and their job is to pay you as little as possible. 

  It’s very difficult to legally calculate the full value of your case alone, and it’s even more difficult to recover that amount without the help of a car accident lawyer in Colorado. A reputable car accident lawyer in Colorado understands how insurance companies operate and their tactics. Your attorney’s job is to ensure you receive the maximum amount of compensation you're legally entitled to. The defendant’s insurance companies lawyers’ job is to pay you as little as possible. 

• When do I need a lawyer for a car accident?

  You can (and should) contact a Colorado car accident attorney immediately after an accident, even if you’re not sure you’ll file a car accident claim. The sooner an attorney gets involved, the better - an experienced Colorado car accident attorney will be able to do a better job the earlier they’re involved. 

  Initial consultations are always free - it never hurts to learn more about your options. Contact us today by phone at (303) 991-2233 or with our online contact form.

• What are the different types of damages in a car accident claim?

  Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or other incurred losses. Compensatory damages are awarded in civil matters (like a car accident claim) where loss has occurred as a result of the negligence or unlawful conduct of another party. Compensatory damages include economic, non-economic, and impairment damages.

  Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for willful and wanton conduct and/or to deter the defendant (and others) from engaging in conduct similar to that which formed the basis of the lawsuit. Although not extremely common, if the defendant’s actions are egregious, punitive damages can be sought.

• What types of compensation can be awarded in a car accident claim in Colorado?

  In car accident cases, monetary damages are paid to the person injured (the plaintiff) by those who caused the harm (the defendant and their insurance company). These damages are calculated on what the injuries ‘cost’ from a physical, mental, and/or emotional standpoint.

  Typically, damages fall under three categories (with one exception): Economic Damages, Non-Economic Damages, and Impairment Damages. Some common areas in which damages can be determined by include:

  Economic Damages

  • Medical treatment - this can be either treatment that has already occurred and/or cover future treatment and expenses.

  • Income - if your injuries caused you to miss work, this money can likely be recovered. Additionally, if an accident prevented you from making additional money in the future, that can also be considered. Legally speaking, this is usually deemed a loss of earnings or earning capacity.

  • Property loss or damage - vehicles, bicycles, cell phones, computers, and even clothes can be considered.

  Non-Economic Damages

  • Emotional distress - typically a factor in very serious or catastrophic injury claims, monetary damages can include the emotional and physiologic impact of injuries, for example, sleep loss, fear, anxiety, stress, etc.

  • Loss of consortium - in personal injury cases, these damages typically stem from how injuries affect a relationship between, for example, a husband and wife. Examples include the loss of companionship and being unable to maintain a sexual relationship.

  • Loss of enjoyment of life - if areas such as your hobbies, interests, or recreational activities have been affected/limited by your injuries, you may be entitled to monetary compensation in the form of loss of enjoyment of life damages.

  • Pain and suffering - if you suffered pain and/or serious discomfort as a result of your injuries, you may be able to recover pain and suffering damages. These can also cover future pain and suffering.

  Physical Impairments

  • Within the State of Colorado, physical impairments and physical disfigurements are categorized separately from economic and non-economic damages. This includes damage for scarring in addition to other physical impairments, such as cosmetic disfigurement, disruption of bodily function and/or internal organs’ natural processes, neurological damage, and other impairments. Based upon your level of impairment or disfigurement, you may be entitled to recover these impairment damages.

• What is a “No-Fault” State?

  A no-fault car insurance state doesn't require drivers who are responsible for causing car accidents to pay for the damages that the victims of the collision incur. Rather, drivers in no-fault states are legally required to carry enough insurance to pay for their own injuries. No-fault states include Florida, Massachusetts, North Dakota, and Utah.

  In most no-fault states, insurance laws require drivers to carry personal injury protection coverage as part of their insurance policies.

• Is Colorado a No-Fault State?

  No. Colorado operates on a fault-based (or traditional tort) system. 

  This means that whoever is responsible for the car accident is legally required to compensate you for your damages, which can include associated medical bills, among other things (more above).

• Is car insurance is required in Colorado?

  Yes. Colorado, like many other states, has a minimum amount of required car insurance. There are two types of mandatory car insurance policies in Colorado:

  Bodily Injury (Liability Coverage) 

  • This coverage pays on behalf of the at-fault driver for bodily injuries sustained in a motor vehicle accident.

  Property Damage (Liability Coverage)

  • This coverage pays for the damage to the automobile involved in the accident and is paid out on behalf of the at-fault driver.

  Colorado requires the following minimum auto policy coverages:

  • $25,000 for injury or death to another driver in an accident

  • $50,000 for injury or death for all persons in an accident

  • $15,000 for damage caused to property in an accident

• What happens if the person who caused a car accident in Colorado doesn’t have insurance or doesn’t have enough insurance coverage?

  This is when it’s even more important to have an experienced Colorado car accident attorney representing you. In this situation, legal representation may be the only way that you can find someone liable for the damages they caused in a car accident with you.

  A car accident attorney in Colorado can establish the legal ground for this situation and also very likely increase your payout.

• What is the Colorado Comparative Negligence Law?

  Accidents happen, and sometimes they’re completely unavoidable. However, someone is usually at fault. But what if, for example, one driver was speeding and the other driver was texting and driving? Both contributed to the accident, so are both at fault? How much fault? Who decides?

  In Colorado, if a case involving a liability dispute (where parties cannot agree on who is at fault) goes to trial, the jury gets to decide what percentage of liability is assigned to what parties. 

  Colorado operates under a modified comparative negligence law, meaning that a plaintiff’s (the person who filed the insurance claim) damages get reduced by the plaintiff’s percentage of fault. However, if the plaintiff’s fault is greater than or equal to the combined fault of the defendant’s, the plaintiff gets nothing.

  For example: if a jury finds you to be 40% liable for an event that caused your injuries, you can only recover 60% of the total damages. This gets much more complicated when there are multiple defendants involved (like in a multi-car wreck), so it’s even more important to work with a Colorado car accident attorney that can define and assign fault appropriately. 

• Will my case go to trial?

  In truth, many car accident claims in Colorado do not go to trial but settle outside of court.

  Although, it may take some time to get an appropriate offer for your case. Part of a Colorado car accident attorney's job is to negotiate with the defendant’s insurance company as it’s usually in their best interest to settle outside of court, even more so if your case is especially strong. 

  Insurance companies know how to spot vulnerability on the plaintiff’s side and will do everything they can to exploit that and pay you less than you deserve. 

  It is extremely important to work with a Colorado car accident attorney that has a reputation for taking cases to trial, even if you decide you don't want to. The Law Office of Stuart Mann has done this for over 50 combined years. We prepare every case as if it were going to trial from day one. Because of this, our adversaries recognize and respect us as lawyers. Don't sell yourself short by working with a subpar attorney. 

• How long will this process take?

  There isn’t one answer, and ultimately this depends on what’s best for you. Insurance companies almost always offer numerous ‘low-ball’ dollar amounts to settle quickly. Many times, this amount isn’t even close to what is actually recoverable or what you deserve. If you suffered serious injuries, it may be impossible to tell soon after the accident what future care and medical bills will look like.

  As your Colorado car accident lawyer builds up your case to calculate and request the full amount of recoverable damages, the defendant’s insurance company will likely draw out negotiations with the hope that you will accept a low offer, because they think you’re tired of waiting. Frankly, this process can be tedious, and patience is key. The defendant’s goal is for you to settle for less than you deserve. The Law Office of Stuart Mann’s job is to recover as much as legally possible, and sometimes, that takes time.

  Remember, you are always in control of this process and if you decide to accept an offer at any time, you have that right.