PIT LAW

Blog

Colorado Springs Law Firm Announcements and Law Updates

Car Crash Claims in Colorado: What to Do

fender bender-purchased.jpg

Colorado law requires all drivers on Colorado roads to have insurance, either on the car being driven with permission, or on the driver. When there is a collision, the drivers involved are required to exchange insurance and driver's license information. It is the best practice to call the police if you believe the other driver is at fault, and file a collision report.

The person making the claim for vehicle damage and/or injuries must prove by a preponderance of the evidence (which means more likely than not) that someone else was at fault. Obtaining the name, address and telephone number of witnesses really helps establish who was at fault (responsible for the collision). Take photos with phone cameras of the license plates of cars when other drivers might have witnessed the collision. Ask people who stop to help if they saw what happened, and ask for their name and phone number. Another source of witnesses is the 911 call log for people who called to report the crash.

Remember, the person making the claim has to prove who was at fault to be able to collect for vehicle damage and/or injuries. This is difficult if it is one person's word against another, particularly if the other person is not truthful. The more evidence in your favor, the greater chance of success in succeeding on the claim.

Take photos of the vehicles before they are moved. Take photos of damage to both vehicles. Get statements of what happened in writing, or with your phone video. Download those photos and/or videos to a computer in case your phone is damaged or lost.

Report the collision to the police, and wait for law enforcement to respond to the scene so there is a collision report. If cold reporting is in effect because of weather or some other police emergency, record statements with you cell phone, and fill out the online report as soon as possible. Timely report the collision to your insurance company, providing as much information as possible.

If injured, see a doctor as soon as possible. Tell the police officer, ambulance paramedics, and medical treatment provides of ALL injuries, including head aches, and body areas that hurt or are stiff and sore. Many injuries get progressively worse as time goes on, and the earlier these injuries are documented, even aggravation of pre-existing injuries, the better chance for successfully proving claims.

image source: shutterstock