It is your right to pursue damages in court to pay for property damages, medical costs, lost wages and more after an accident. However, state and city statutes dictate how and when you can file a car accident lawsuit in Colorado Springs.
Take a closer look at how Colorado car accident laws impact your case below. This is just a summary, and working with a local attorney will give you a better idea of how to best move forward with your case.
Colorado Springs, CO Statute of Limitations
You have three years to file a car accident lawsuit in Colorado Springs. The same statute applies to all property damage and uninsured motorist claims. So if a hit-and-run driver hits your mailbox and leaves the scene, you must file the insurance claim within three years to receive compensation.
In fatal car accidents, the statute of limitations for a wrongful death action is two years. It’s in your best interest to file as quickly as possible. Even if a lawsuit isn’t immediately necessary, you should reach out to a local car accident attorney for a free consultation. They can advise you on how to handle your claim and whether or not you have a case.
Colorado Springs, CO Car Accident Laws
Colorado Springs drivers must carry minimum liability insurance. You can opt out of mandatory coverage with self-insurance if you have more than 25 vehicles registered in your name. Otherwise, you face fines, license suspension and possible jail time for driving without insurance.
A car accident without insurance can be expensive, especially if you’re at fault. You could be liable for out-of-pocket property damage and medical costs, along with any legal fees and state and city fines.
Drivers must also report all accidents to Colorado Springs police if there is any injury or any property damage.
Determining Fault in Colorado Springs, CO
You have the right to pursue damages from at-fault drivers and their insurance companies in Colorado Springs, but the state’s modified comparative fault model will impact your lawsuit.
By law, you’ll only receive compensation if you’re less than 50% responsible for the accident. Insurance adjusters and juries consider the evidence, including vehicle damages, witness testimony, and police reports, when determining fault.
For example, the insurance company may find you to be 30% responsible if you were speeding when another driver made an illegal left turn in front of you. In this case, your $100,000 settlement would be reduced to $70,000 for comparative fault. However, Colorado law also requires insurance companies to pay out in good faith. If you disagree with the original settlement offer, contact a car accident lawyer in Colorado Springs immediately.
How Can an Attorney Help You?
A skilled car accident attorney in Colorado Springs understands the state’s comparative fault laws and ruthlessly negotiates with insurance companies to get their clients fair settlements. They can help you collect damages to pay for medical bills, lost wages and pain and suffering caused by the incident.
Hiring a car accident lawyer also means someone is constantly monitoring your case. Your attorney will examine evidence, speak with officers, insurance adjusters, doctors and witnesses and keep track of filing motions on time to expedite your auto accident lawsuit timeline.