scene of a car accident

Top 10 Things to Know When Filing a Car Accident Claim

It’s not easy to suffer an injury because of someone else’s negligence. Car accidents can result in some of the most catastrophic injuries, and you may be unsure of what to do next. Of course, filing a car accident claim is of the utmost importance, but not everyone knows what to expect when moving forward with the process.

Protecting your rights should be a top priority, which means going into the process with the knowledge to prepare yourself accordingly. Don’t start your claim without a clear understanding and rights, so you can pursue the maximum compensation available.

Here are 10 things you should know about filing your claim:

  1. Insurance adjusters value claims at a lower value in many cases
  2. Hiring a lawyer helps you protect yourself
  3. It’s vital to act quickly after a case
  4. You shouldn’t agree to anything without legal representation
  5. Obtaining compensation can be done in more than one way
  6. There are four factors of showing liability
  7. Your claim can take some time to navigate
  8. Evidence is a crucial part of strengthening your claim
  9. Make sure you meet the deadlines of your claim
  10. Denver follows a modified comparative negligence system

To discuss your case, call our firm today at (303) 861-2800.

1. Insurance Adjusters Value Claims at a Lower Value In Many Cases

When you speak with insurance adjusters about how much you may be able to recover, know that they often put a much lower value on your claim than they should. They look at your losses much differently than you do, using their own resources to minimize the amount they actually pay out to claimants.

Don’t let your insurance adjuster devalue your claim. Make sure you have a team that can use neutral resources to get a true evaluation regarding your losses. You can get estimates from mechanics, medical receipts, and more. It also depends on how well your lawyer positions your case.

2. Hiring a Lawyer Helps You Protect Yourself

When you need help in a car accident case, it’s crucial to choose a lawyer who can provide counsel and tenacious representation throughout the process. Insurance adjusters are quick to try and take advantage of a vulnerable situation. A lawyer helps protect you from their unethical tactics and pursues maximum compensation for your losses.

3. It’s Vital to Act Quickly After a Case

Time is of the essence when you suffer severe harm. Insurance companies will often look at any delay as a potential method to deny or minimize your claim. Three of the most important things to do in a timely manner include:

  • Reporting your car accident
  • Seeking medical care
  • Hiring a lawyer

The quicker you work to protect your rights, the better.

4. You Shouldn’t Agree to Anything Without Legal Representation

Insurance adjusters will ask for recorded statements or offer you a settlement for your case. Never agree to anything unless you’ve had the chance to speak with your lawyer. A lawyer will be there to explain what rights you have, if you can pursue additional compensation, and more.

5. Obtaining Compensation Can Be Done In More Than One Way

When you file a car accident claim, there are two main ways that you can obtain compensation:

  • A settlement
  • A verdict

A settlement is something that you can agree to when offered by the insurance company. You should only accept this if it meets your full needs. A verdict is decided by a jury in a trial setting. However, very few cases (roughly 5%) go to trial after a car accident.

6. There are Four Factors of Showing Liability

When pursuing compensation and holding someone accountable, you should make sure you recognize which factors can help prove liability. These four factors include:

  • Showing a duty of care
  • Showing a breach of that duty
  • Showing that breach caused the accident
  • Showing your injuries were a result of the accident

7. Your Claim Can Take Some Time to Navigate

You shouldn’t expect to receive compensation quickly. The process often takes a long period of time, especially if adjusters delay their investigation. In many situations, adjusters will try to delay claims if they can convince you to accept a lower settlement offer.

8. Evidence is a Crucial Part of Strengthening Your Claim

The evidence you recover after a crash can help your claim significantly. You want to make sure that you have pictures of every relevant factor in the crash. Get some witnesses to testify on your behalf as well. The more evidence you can present the better.

9. Make Sure You Meet the Deadlines of Your Claim

In the state of Colorado, you have just three years to file a lawsuit for damages and injuries from the date of the accident. If there is a wrongful death, the statute of limitations changes to two years. In any case, it’s vital to work as quickly as possible.

10. Denver Follows a Modified Comparative Negligence System

Even if you hold some amount of fault in your car accident, you may be able to pursue compensation. Modified comparative negligence looks at your percentage of fault and reduces how much you may recover. For instance, if you are set to recover $100,000, but your fault is 20%, you may only be able to recover $80,000.

At Springer & Steinberg, P.C., we’re here to help you. Our Denver car accident attorneys go above and beyond to safeguard your rights to compensation. Trust that we put your best interests first and will be the voice you need against negligent actions that cause significant harm.

Call our firm today at (303) 861-2800 and learn how we can protect your rights.

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