Avoid These Mistakes to Get Compensation for Your Injuries
If you have been injured in an auto accident in Colorado that wasn’t your fault, you may think you’ll have no problem being compensated for your injuries. Not so. Here are five top reasons why an insurance company may deny your claim.
1. You could have avoided the collision.
If the accident you were involved in could have been prevented but you failed to take the appropriate action to prevent it–or your actions actually helped to cause it–an insurer may take the position that your claim is either invalid or should be reduced because of your actions or failure to act. In Colorado, although “contributory negligence” does not in itself bar recovery, the law stipulates that “any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.”
2. You didn’t report the accident.
All insurance policies have guidelines regarding when an automobile accident must be reported. If you do not report your accident by the stated deadline, your claim will likely be denied. As a rule, it is best to report an accident as soon as possible. Under Colorado law, accidents involving death or personal injury must be reported immediately.
3. You failed to promptly seek medical treatment.
Whether or not you think you were injured in the car accident, you should seek medical attention as soon as possible. This is important not only for the treatment and healing of any injuries you sustained but also to establish the viability of your insurance claim. The medical record provides evidence of the injuries you suffered and that the accident was the cause of those injuries.
4. You don’t have enough insurance coverage.
Automobile accidents that cause severe injuries also result in costly damages, costlier than the at-fault driver’s insurance coverage provides for. An insurer may deny your claim if the damages exceed the limits of the policy, if the coverage has already been exhausted, or if the policy does not provide the appropriate coverage.
Colorado requires that drivers carry a minimum of $25,000 of automobile insurance “for bodily injury or death to any one person in an accident,” $50,000 “for bodily injury or death to all persons in any one accident,” and $15,000 “for property damage in any one accident.”
5. You committed a traffic violation.
If you were violating state law or operating your vehicle in a negligent manner when the accident occurred, your insurance company may deny your claim. Unlawful actions typically violate the provisions of your insurance policy. Traffic violations that often lead to a denial of your claim include driving under the influence of alcohol or drugs and driving without a valid driver’s license.
To avoid a dispute about your claim and to facilitate the claim process, you should exchange contact details, insurance information, license plate numbers, and car registration information with the other drivers involved. Then provide this information to your insurer.
If you or a loved one has been injured in an accident, contact Colorado personal injury attorney Dan Rosen at (303) 454-8000 or 800-ROSEN-911 to schedule your free initial consultation with an experienced attorney.