Frequently Asked Questions

The insurance company is pushing me to settle quickly; why would they do this?

If you agree to a quick settlement, the insurance company will assume that you need the money right now, and you will be willing to settle for less. But there are other reasons: settling later means that new injuries or complications might be discovered, new medication prescribed, or new treatments are needed to help you heal from your injuries. Do you know what your future medical bills will be or the extent of the damage to your car?

The “smaller walk-away settlement” is part of the insurance company’s manual on how to pay less to injured people. Insurance companies bet that most victims of Colorado car accidents would rather take a lower payment now than fight against a large corporation for a fair amount to compensate for that victim’s injuries. If you are not satisfied with the proposed settlement, are not 100% sure that it will cover all your present and future expenses, or are not being compensated for your pain and suffering or lost wages, contact our Colorado car accident attorneys for a free consultation.

I have been involved in an accident that was not my fault; can the insurance company raise my rates?

As a general rule, no.

If you are involved in an accident that is not your fault, the insurance company cannot raise your rates, refuse to renew, or otherwise hold the accident against you even though you have made claims for no–fault benefits, collision, or comprehensive claims, or uninsured motorist claims. You paid a premium to the insurance company to protect you against these types of losses. They spread that risk out over many policies and profit from doing so. So long as you are not at fault, a claim does not count as a strike against you in any fashion.

How large an award can I expect?

Many factors influence the monetary value of your case, and no formula or coefficient can be used to determine how much is owed. However, by looking at the elements of your personal injury case, we can give you a reasonable estimate of the settlement you might expect.

The main elements influencing the outcome of your claim are:

The Accident: How did it happen, what were the consequences (injuries, material damage, other losses), who was at fault, and what is the evidence (were there witnesses)?
The Injuries: Are we talking about soft-tissue injuries? Broken bones? Brain injuries? Objective or permanent injuries? What is the claimant’s medical history, and what are the anticipated medical needs?
The Impact on Your Life: Pain and suffering, loss of income or opportunities, impairment or disability, etc.
A person partially at fault may still be entitled to recover for the damages and injuries sustained in an accident. Still, the settlement value will be reduced by the proportion of that person’s fault.

To recover for the damages to you, call Anderson Injury Law Firm and speak with one of our experienced personal injury attorneys today to discuss your case.

An uninsured motorist ran a red light and hit my vehicle. Can anything be done despite the fact the other driver is uninsured?

Typically, yes.

There can be a claim for medical bills, lost wages, and other damages. Depending on the coverage you purchased, you may be able to make a property damage claim against your own company. This may include rental car and towing expenses. Additionally, uninsured motorist benefits may be available for your bodily injuries or different types of claims that can be made under the Victims Compensation Fund.

Lastly, even though the driver at fault may initially appear uninsured, that is not always the case. Drivers often have insurance covering them, such as through the vehicle owner, a resident relative, an employer, or in some other fashion they did not expect. It may also be that the person has insurance but did not have proof of it on them at the time of the accident.

Before settling my Colorado Springs car accident, the insurance adjuster says that I will have to sign "subrogation rights" before being paid ,y compensation. What does that mean?

Whether you are being compensated by your own insurance company or by the other party, insurance companies want to be able to sue the negligent third party who caused the accident. Giving them subrogation rights means you give up your rights to sue the negligent party (because you have been compensated), and you hand over this right to the insurance company, which will seek to recover damages from the party at fault.

It is not unusual for insurance companies to sue the negligent party for amounts much more significant than the compensation you recovered. The best way to prevent them from making a profit on your accident is to ask for legal advice before you settle with the insurance company-especially when a large amount is involved, including not just the compensation for material damage but also for expenses resulting from sustained injuries.

How can I prevent a head-on collision?

Many Colorado drivers never think they could be involved in a head-on collision. Even though head-on accidents are less frequent than the typical fender bender, they occur, and drivers need to be aware of how serious they can be. In this type of accident, a driver of one vehicle typically crosses the centerline and crashes into oncoming traffic. Most head-on collisions in Colorado are deadly. When two vehicles hit each other head-on, the force is so strong. Experts relate an accident of this nature to hitting something immovable, such as colliding with a solid block wall. Common reasons why Colorado head-on crashes occur include:

Falling asleep at the wheel
Not paying attention to the road
Turning the wrong way down a one-way street
Entering an off-ramp instead of an on-ramp
An animal or object in the road that makes the driver swerve

Several things have helped drivers avoid head-on collisions in Colorado Springs, such as traffic signs, center dividers, medians, concrete barriers, properly designed freeway off-ramps, and road surface markings. Although median barriers can be a hazard to crash into, it is often less harmful than a head-on collision with another vehicle.

To minimize a head-on collision from happening to you, you should look far down the road, pay attention, don’t text and drive, use your headlights even in the daytime, and pull off the road if you feel sleepy. If you are on a curvy or mountain road, it is best to stay on the right side of your lane so oncoming cars don’t hit you if they are hugging the centerline.

Even if you have done everything you can to avoid and prevent a head-on crash from happening to you, it could still happen despite your best efforts. If you find yourself in this situation, and an oncoming driver drives straight into you, try to slow down and go off the road to the right. A one-car crash is typically less fatal than a head-on collision.

You may need ongoing medical care if you have been injured in a severe Colorado Springs car accident. If you believe the accident was caused due to the negligence of others, you may be entitled to compensation for medical bills, hospital bills, medication, physical therapy, rehabilitation, and lost wages.

I was in a Colorado Springs car accident and was hit by an uninsured motorist. What should I do?

If you have full coverage on your vehicle, your insurance policy should include uninsured motorists. File a claim with your auto insurance company for property damages and any injuries, but be cautious because insurance companies will want to minimize the loss. If anyone was injured in a car accident, hiring an experienced Colorado car accident attorney is wise.

If you do not have uninsured motorists coverage included in your insurance policy, you will need to take legal action against the uninsured motorist for your vehicle damage, as well as any personal injury you may have sustained. Our Colorado Springs injury attorneys will be able to answer your questions and help you get the maximum compensation available.

I came very close to being hit by a car when crossing a street in downtown Colorado Springs. The street has no crosswalks or traffic lights, so I crossed when the oncoming car had ample time to see me and slow down. This car didn't and simply swerved to avoid killing me. Did I have the right of way?

The Uniform Vehicle Code and Colorado law say that drivers must yield to pedestrians in crosswalks and that pedestrians must yield to vehicles everywhere else. This means that when someone like you needs to cross the street mid-block, you should wait as long as necessary to enter the street safely. Had there been an accident and a trial to establish fault, other elements could influence the court: the absence of crosswalks, the traffic, witnesses establishing that the driver had ample time to stop, etc.

Right-of-way laws are a compromise. If every car driver has to slam the brakes when someone bolts into the roadway, chaos will ensue. It is equally unacceptable to have pedestrians walk half a mile to reach a crosswalk or wait sixty minutes before they can safely cross the street. In this last case, local authorities must correct the situation.

A last point worth mentioning is that drivers breaking any traffic law—speeding, driving under the influence, or failing to use turn signals—may lose their right of way because pedestrians can’t predict their unlawful behavior.