Denver Auto Accident Lawyer

When you are involved in a Denver auto accident, your life can come crashing down around you with pain, mounting medical bills and slow recovery. You are probably facing decisions and obstacles that you never imagined. When you are in an auto accident, you assume that the other driver’s insurance company will simply take care of everything. After all, the accident wasn’t your fault, right? However, often times, you will run across difficulties with the insurance company over property damage, medical bills, and wage reimbursement. There is some very important information that you need to know regarding your rights and how the insurance company will handle your claim:

A. Liability:

If the accident was the fault of the other driver, you will need to collect the name of his/her insurance company, claim and/or policy number. A copy of your police report is the best way to locate this information and can be obtained from the main office of the DMV. If you have MedPay or PIP on your insurance policy, your insurance company will be responsible for payment of your medical bills up to your policy limit.

B. Legal Rights:

If you are injured in an auto accident due to the fault of another driver, you are entitled to assert a claim for bodily injury against their insurance company. This includes seeking reimbursement for your medical bills, damages for pain and suffering, inconvenience, emotional stress, impairment of the quality of life, physical impairment and disfigurement.

IMPORTANT: You have exactly three years from the date of your accident to settle your claim with the insurance company or file a lawsuit. Failure to settle or file suit by this date will result in the total loss of your legal rights in the claim.

C. Medical Treatment & Bills:

Most importantly, you will want to seek immediate and appropriate medical care for your injuries. You will want to submit all medical bills to our office incurred as a result of the accident. For example, you would submit bills for the ambulance, emergency room and physical therapy. If you do not have health insurance, PIP or MedPay on your insurance policy and you are unable to pay for the bills as they are incurred, we can refer you to treatment providers that treat on a lien basis which means that they will treat you and not require payment until your case has settled.

D. Settlements:

Upon completion of your medical care, our office will gather together all of your medical records, medical bills, and related accident documentation. Mr. Simon will prepare these documents along with a comprehensive legal analysis and submit this information as a demand to the insurance company.

E. Fees and Costs:

Mark Simon works on a contingency fee basis, charging 33.33% of the total
settlement amount, at the end of your settlement. Therefore, we have incentive to get the most for your case. Should you decide to proceed with a lawsuit, Mr. Simon will notify you of additional potential costs. You are not required to put any money down and any costs covered by our office will be recovered out of your final settlement.

Frequently Asked Questions:

Q: What if the driver that hit me doesn’t have insurance?
A:You will need to determine if you have purchased Uninsured Motorist Coverage applicable to you. Uninsured Motorist Coverage allows the insurance company to fill in for the other driver’s insurance company and pay your medical bills and damages.

Q: How long does it take to reach a settlement?
A: After you have finished with your medical care, our office will begin creating your demand for submission to the insurance company. Once the demand has been submitted to the insurer, it can take from 4 – 6 weeks for an initial offer of settlement from the insurance company. Mr. Simon will continue negotiations until an acceptable offer of settlement is reached, with your permission. If the insurer doesn’t resolve your claim, you have the option of having us file a lawsuit to recover your damages.

Q: Will the other driver’s insurance pay for my medical care?
A: The other driver’s insurance company is responsible for the payment of your medical bills resulting from the accident at the end of your claim. They are not responsible for paying your bills as they are incurred. If you had health insurance, MedPay or PIP coverage on your insurance policy at the time of the accident, you or your healthcare providers will need to submit your medical bills to your insurance company.

Q: How much is my case worth?
A: The insurance company evaluates your case based on the following items: 1) the nature of your injuries and permanent impairment, 2) property damage, 3) the total amount of medical bills, 4) length and type of treatment, 5) lost wages or vocational impairment, 6) expenses, and 7) factors such as pain, suffering, emotional stress and inconvenience. The ultimate value of your case also revolves around the policy limit of the other driver. In Colorado, drivers are required to have a minimum of $25,000.00 liability coverage; many drivers have more coverage and you may have Uninsured/Underinsured Motorist Coverage under your insurance.

Q: What do I do if the insurance company is offering me less than my case is worth or refuses to settle?
A: If you feel that the insurance company is offering you a settlement less than the value of your case, your option is to file suit against the other driver.

Q: Am I entitled to future medical benefits after I settle with the insurance company?
A: If you do not have health insurance, MedPay or PIP coverage, once you sign settlement paperwork, you are not entitled to future medical benefits or reimbursement for medical costs, so it is important not to settle your case prematurely. If you had PIP at the time of the accident, your insurance company is responsible for paying your medical bills regarding your accident if they are reasonable and necessary for up to 5 years after the accident, or until your limit is exhausted.