Car Accident FAQ

• What should I do before an accident?
  Simple steps that will make s difference in your safety and security.
• What should I do when an accident happens?
  A clear list of steps to take to help and protect you.
• Should I inform my insurance company?
  Why you should contact your insurance company.
• Should I speak to the insurance company for the other driver?
  Why you should not give any statement to an insurance agent other than your own.
• Who will be found to be at fault for the accident?
  How fault may be determined after your accident.
• What is the Statute of Limitations for a Vehicle Accident?
  Find out why time is crucial in a motor vehicle personal injury case.

What should I do before an accident?

- Equip your vehicle with a first aid kit, a fire extinguisher and warning light, hazard triangle or two flares. Of course, carry your cell phone with you whenever you travel.

- Download CAR CRASH HELP KIT app for your iPhone or Droid

What should I do when an accident happens?

• Call  911
• Place flares or warning lights to alert traffic
• Check on all potentially injured parties and stabilize
• Open New Case on CAR CRASH HELP KIT:

  • Use GPS to identify and record your location, note weather and road conditions
  • Photograph damage to all vehicles involved
  • Photograph any distinctive features of the road or intersection
  • Photograph other drivers involved
  • Photograph driver’s license and insurance card of other drivers involved
  • Complete list of people involved: info on other drivers, witnesses and reporting officers
  • Draw a sketch of the line of travel of the involved vehicles, indicating how collision occurred
  • Make notes as to what you were doing just before the accident,  and every detail of what you saw, heard, and felt when and directly after the accident occurred
  • Record all comments made by involved parties and witnesses

• Provide your insurance and drivers license information to the other drivers
• Do not talk about the accident – avoid any statement admitting liability
• If injured, seek medical care immediately
• When you have gathered all the case info, e-mail it to us for free advice on your legal options

Should I inform my insurance company?

As soon as possible, tell your car insurance agent that you have been involved in an accident. Cooperate with your insurance company and tell them the truth about what happened and the extent of your injuries. Be able to explain the facts of the case in a clear manner, do not guess. Obtain and review a copy of any police report, so that you can point out to the insurance company who broke what traffic laws or who was at fault for the accident. Such information will often be provided in the report. Your insurance company should be willing to work with you in your best interests.

Should I speak to the insurance company for the other driver?

Do not talk to a representative of another insurance company under any circumstances, without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney or insurance company to arrange for an interview. Also, get the representative's name and number, and tell your insurance company or attorney that someone seeking information about your accident contacted you. Also, be prudent if you are offered a settlement from an insurance company. Make sure that any physical injuries you may have suffered have been treated, and that you have a complete understanding of any future medical needs. Don't settle a claim until you know you will be compensated for all of your injuries - for a discussion on what you might seek in damages, see Personal Injury Case Overview.

Who will be found to be at fault for the accident?

As with other types of accidents, determining who is at fault in a traffic accident is a matter of deciding who was careless -- or "negligent."  In many cases common sense will tell you that a driver, cyclist, or pedestrian acted carelessly, but you may not know what laws or rules that person violated.

If the police came to the scene of your accident, particularly if they knew that someone was injured, they probably made a written accident report. Ask the traffic division of the police department how to get a copy.  Often the police report will state the reporting officer's opinion that someone violated a specific traffic law and that the violation caused the accident. It may even state that the officer issued a citation. Other times, the report merely mentions negligent behavior, without plainly stating that the violation caused the accident.

Regardless of how specific it is, any mention in a police report of a traffic law violation or careless driving by another person can serve as great support in showing that the other person was at fault.

Ultimately, Colorado state laws govern driving, providing the rules of the road.  The complete vehicle code is usually available at many public libraries, but a good starting point is the Colorado Driver Handbook from the Colorado DMV.

What is a Statute of Limitations for a Vehicle Accident?

In Colorado, you have three years for filing a claim for injuries resulting from a motor vehicle accident.  You must file your lawsuit for injuries within three years of the motor vehicle accident or lose your right to do so.

If you did not find your answer here - CONTACT US or call us at 1.800.221.5526 to speak to a lawyer.