Whenever you’re in a car crash and need to file a claim, it can be a daunting process. Because Colorado is a traditional fault-based insurance state, there are numerous problems you may encounter throughout the process, especially when dealing with the other person’s insurance provider.
Working through the process is vital to pursuing the compensation you need, but there are many aspects you need to be aware of along the way. Working with a lawyer can help you, but having a full understanding of the timeline can give you peace of mind.
If you need to file a car crash claim, call us today at (719) 249-6240.
Filing Your Initial Claim
Immediately after the crash, you want to report your collision to your insurance company. This starts the process of filing a claim as your insurance company will request the information of the at-fault driver and his or her provider. They’ll reach out and work with the insurance company to determine liability.
During this time, you may receive a call from the other insurance provider to request a statement from you regarding what happened. The insurance should investigate thoroughly and then decide whether to pay out the money you need, offer a lower settlement, or deny your claim completely.
Filing Your Lawsuit
If you believe that the insurance company was unfair in the investigation of your claim and wrongfully denied your claim, you may have the legal options of filing a lawsuit. In this phase, you need to work with a lawyer who can help you meet deadlines, file the right paperwork, and provide you guidance throughout the process.
The Insurance Company’s Response
The insurance company is notified of the lawsuit and has an opportunity to respond. In some situations, they’ll agree to a fair settlement. In other situations, they may file a motion to dismiss and ask the courts to either reduce the potential aspects of the claim or to throw out the case completely.
The Discovery Process
If the judge allows your lawsuit to continue, you will go through the discovery phase. In this process, both sides have the opportunity to present evidence to help strengthen their side of the story. Some of the things you can present include witness testimony, your own recount of the crash, and any and all evidence you may have.
A Potential Settlement
It’s often after the discovery phase that many cases end because one side is able to provide sufficient evidence to prove liability and negligence. You should know, though, that the settlement may not always be enough to cover your damages. There are often times when insurance companies work to lower the payments you receive, and you should be sure you’re speaking with a lawyer to determine your options.
A Potential Trial
Trial is often a scary thing for people, but you should know that roughly 5% of car collision cases ever make it to this point. However, if your case does, it’s in your best interests to have legal counsel who can guide you through the process and utilize the resources necessary to pursue compensation to move forward.
At Gaddis, Herd, Craw & Adams, P.C., we are committed to helping you through the most complex matters, focusing on your needs every step of the way. Our Colorado Springs car crash attorneys are ready to guide you from start to finish, working to obtain the maximum compensation you deserve. You can rely on our team for strong representation to safeguard your ability to move forward.
We’re ready to stand in your corner and advocate for your rights. Call our legal team today at (719) 249-6240 and learn how we may be able to help you through the process.