Frequently Asked Questions about Personal Injury Claims
(Note: the following questions
and answers provide generalized comment on Bankruptcy
law and procedure in Colorado and may not apply in all
fact situations. They are not a substitute for
consultation with an experienced attorney.)
1.
I
have heard that the automobile insurance laws have
recently changed. Am I affected by the change?
2.
What
should I do immediately after I have been injured by
someone's careless act?
3.
Who
will pay for the damage to my vehicle caused by someone
else's fault?
A.
Colorado's automobile insurance laws underwent a major
change on July 1, 2003, affecting all automobile injury
claims that occur in Colorado on or after July 1, 2003.
For the past 30
years Colorado had what was called "no fault"
automobile insurance system. Under that system, if you
were injured in an automobile accident, the auto
insurance covering the car you were riding in at the
time of the collision paid up to $100,000.00 for medical
expenses and rehabilitation expenses, up to $400.00 per
week for wage loss ( for 1 year from the collision) and
up to $25.00 per day for home assistance - regardless of
who was at fault. More significantly, under the "no
fault" system, the insurance company covering the car
you were riding in at the time of the collision could
not recover its money from the insurance company of the
driver who was at fault. In addition, someone injured
by another driver's negligence could not sue for damages
unless certain requirements were first met: (death,
disfigurement, permanent injury, or $2,500.00 in
necessary medical expenses).
As of July 1,
2003, the newly adopted system known as a "tort" law
system places the financial costs of a motor vehicle
collision on the driver who was at fault, and his
insurance company, including all medical expenses, wage
loss, and injuries caused. This is very different from
the old system where the insurance company providing
coverage for the vehicle you were in at the time of the
accident was primarily responsible for the payment of
your medical bills and rehabilitation expenses and wage
loss.
Since everyone
with auto insurance in Colorado before July 1, 2003 had
policies providing "no fault" benefits, the state of
Colorado had to create a way to transition into the new
auto insurance system. Therefore, even if you have been
involved in an automobile accident after July 1, 2003
you may still be entitled to "no-fault" type benefits
unless your individual Colorado automobile insurance
policy has been renewed since July 1, 2003.
The new law
generally places the initial medical care expenses on
the medical insurance carrier of an injured party. And
the medical carrier generally has a right to be
reimburse from the party at fault for the collision,
which could significantly decrease the liability
insurance available to compensate you for your injuries.
A.
Generally, you need to balance your need for medical
care and the importance of preserving evidence. Use your
judgment in this regard, while considering the following
suggestions:
 | SEEK
MEDICAL ATTENTION: If you have been injured
significantly, you should immediately seek medical
evaluation of your condition. Be sure to advise the
doctor of all symptoms that you are experiencing.
|
| CALL THE
APPROPRIATE INSURANCE CARRIER: If an auto collision
is involved, for injuries prior to July 1, 2003,
your auto insurance covers your medical care, lost
wages and other benefits, regardless of who is at
fault. In any event, your auto or medical insurance
carrier may require that you stay within its network
of doctors. For injuries on or after July 1, 2003,
you will generally need to rely on your medical
insurance carrier, unless the car in which you were
riding was still covered by a "no fault" type policy
as mentioned.
|
| GATHER
FACTS AND EVIDENCE: In this regard, any evidence
that you gather immediately can be of great help in
preserving your claim. For example, as soon as
practical you should:
|
