You have a right to seek compensation for your injuries after a car accident in Denver. Read on to find out how our Denver car accident lawyers could help you recover compensation.
Do I Need to File a Lawsuit to Recover Compensation?
No. Most cases settle within a few months. But, sometimes filing a lawsuit is the best way to win the most money.
Having an attorney represent you in court is crucial to presenting your case efficiently and effectively to show that the other driver was negligent and caused your injuries. If the court decides in your favor, you will win a financial award. But before you can recover damages, you need to understand where the money will come from. Depending on the severity of your injuries, the at-fault driver may not have the resources to cover the cost of your damages, or their insurance policy may not be enough to compensate you fairly.
Our attorneys may be able to help you seek damage compensation through the following avenues:
- An insurance policy
- The at-fault driver’s personal assets
- Employer insurance if the at fault driver was working while they caused the accident
- A manufacturer or other party responsible for a defective car part
- Multiple insurance companies if there are multiple parties at fault
What About Recovering Compensation Through an Insurance Policy?
Since Colorado law require all drivers to carry a minimum amount of insurance coverage, the at-fault party’s insurance will cover damages up to that limit. However, sometimes a driver’s policy limit is not enough to cover the full extent of your damages. And even though it’s legally required to carry insurance, that doesn’t mean all drivers actually have it. If you get into an accident with a driver who doesn’t have insurance, there’s no insurance policy to get compensation from.
In most cases, you’ll file a claim with the insurance company of the at-fault party after the accident. An insurance adjuster will investigate the claim, decide whether to accept fault, and how much to offer. In most cases, the initial offer is very low and they give it to you right after the accident when they know you’re vulnerable and a cashout seems like an easier option. But having an attorney protecting your best interests and who knows what a fair value is can make a huge difference in the amount you get paid.
This is why contacting a Denver personal injury lawyer immediately after a car accident is a crucial move. We can provide the legal guidance and advocacy you need and negotiate the best possible settlement on your behalf. If we can’t reach a fair agreement with the insurance company, we can represent you in court and present a strong case in your favor. If you file a lawsuit and the court decides in your favor, the insurance company will be legally required to pay you the amount the court decides on.
Is There a Way to Recover Damages Through the At-Fault Driver’s Personal Assets?
Let’s say you get into an accident with a driver who is uninsured or underinsured. In that case, you might have to recover compensation through their personal assets. While it is an option, it’s likely that a driver who doesn’t have insurance also doesn’t have sufficient assets to cover your accident damages. Medical bills can be high and you may have also missed a substantial amount of work due to your injuries – which is hard for the average person to dish out on top of their personal bills. That doesn’t even account for the pain and suffering damages you might be eligible to recover if you experienced emotional and mental trauma due to the accident.
If your injuries are severe and require extensive medical treatment, hospitalization, or even surgery, your damages might be hundreds of thousands of dollars or more. But you can’t recover money from someone if they don’t have it. So while it’s possible to pursue the at fault driver’s personal assets, that’s not always a viable solution.
What About if the At-Fault Driver Was Working While They Caused the Accident?
If the at fault driver was working while they caused the accident, we may be able to help you file a claim with their employer’s insurance. Under the legal doctrine called “respondeat superior,” the employer can be held legally responsible for their employee’s negligence. As long as the at-fault party was acting within their scope of employment (i.e., on the clock and performing work duties) when they caused the collision, the employer is responsible for their actions. So if a taxi, delivery driver, or bus driver hit you, you could potentially seek compensation through their employer’s insurance policy.
Since their job requires them to drive, a taxi, delivery, Uber, Lyft, or bus driver was most likely acting within the scope of their employment when they caused the accident. Uber and Lyft accidents can be a little more complicated so it’s best to have an attorney helping you with such accident claims. Even if the job didn’t specifically require the employee to drive, but they were performing work duties when they caused the accident, the employer could still be liable. Meaning, they are legally responsible for their employee’s negligent driving.
Employers usually have larger insurance policies to cover such circumstances and employee liability. Therefore, if you were injured by an employee who was driving and performing work duties, the employer may have a higher policy limit for liability coverage. It’s often difficult for the employer to argue that the driver was not at fault for the accident. Thus, your attorney can settle the case with the employer’s insurance. However, if the employer denies liability, your attorney can help devise a strategy to seek financial recovery through a different approach.
Instances Where There Was No Other Driver at Fault
Sometimes, it’s not necessarily another driver that’s at fault for causing an accident. Perhaps your vehicle had a defective or malfunctioning part. For example, faulty brakes or a defective steering wheel could have caused you to lose control of the car and get into a collision. Even though no other driver was involved or at fault, someone is still liable. In this instance, the manufacturer or distributor could be liable for your injury by way of product liability. Product liabilty or defective product liability claims include:
- Design defects
- Manufacturer defects
- Warning label defects
If you believe your accident was caused by a defective car part, contact our team of Denver personal injury lawyers right away. We can investigate your accident to find out exactly what caused it and hold the appropriate parties accountable. Then, we’ll see to it that you get proper compensation for your injuries, whether it be the designer, manufacturer, or distributor.
What if There Was More Than One At-Fault Driver?
Accidents can sometimes involve several drivers and therefore could have more than one liable party. When there are multiple liable parties, you can recover damages from all of the at fault parties under joint and several liability. You can basically pursue recovery from all at-fault parties who contributed to the accident and caused your injuries. Anyone who was negligent can be considered partly liable for the accident.
Contact a Denver Car Accident Lawyer Today if You Were Injured in a Car Accident
If you were injured in a car accident, contact our Denver car accident attorneys today. We will review your case for free and give you an honest professional opinion on the merits of your case. If we take it on, we will handle all of the legal proceedings on your behalf and make sure you get compensation through every means possible.
Contact us online today or call/text us to book your free initial consultation.
