Motor Vehicle F.A.Q.

Initially, your health insurance, if you have it, will cover the costs of accident-related medical treatment. This surprises many people who have wrongfully been promised by the at-fault party's insurance company that they will cover any medical expenses and send them the bills. What usually happens is that the insurance company will only pay these medical bills once the case is settled (the insurance company often uses this as leverage to try and settle your case early and inexpensively). In the meantime, medical providers become upset at the lack of payment and may even send the bills to collection agencies. Avoid medical bills going to collection agencies at all costs!

If you do not have health insurance, do not worry. There are networks of medical treatment providers who treat on a "lien basis." This means they do not get paid until the case is resolved.

Ultimately, the at-fault party (or his or her insurance company) is responsible for all your past and future medical expenses.

Unless you have some short-term disability insurance, you likely will not receive reimbursement for your lost wages until your case is resolved. Ultimately, like medical expenses, the at-fault party (or his or her insurance company) is responsible for all your past and future lost wages. In cases with serious injuries, calculating the amount of future lost wages requires the assistance of an expert witness.

If you have been seriously injured and are in desperate need of a cash advance on your case, some companies provide "non-recourse" lending. If you lose your case, you do not need to repay the loan. Beware, however, these companies usually charge very high-interest rates for the advance. We recommend using one of these companies only as a last resort.

If you are likely to continue to lose money in the future, these amounts must be calculated as precisely as possible. Many disputes arise during litigation about the "speculative" nature of someone's future lost earnings. In cases with serious injuries, an expert witness may be needed to accurately quantify future lost earnings.

Ultimately, the at-fault driver (or his or her insurance company) is responsible for all future lost earnings.

In far too many cases the at-fault party does not have enough insurance to somewhat compensate for the injuries he or she causes. In Colorado, you only need to carry $25,000 in injury coverage which, as you can imagine, is not nearly enough in many cases.

When this occurs, there are several potential remedies. First, we can run an asset check on the at-fault party to see if he or she has personal assets that could be used to satisfy a judgment. Second, we can work with medical providers who have a "lien" or "right of reimbursement" to reduce, or even eliminate, the amount of money that needs to be paid to these companies. The end goal is always to maximize the injured party's recovery.

If you have health insurance, they will provide the primary payment source for your medical treatment. Depending on your particular policy, you may have to treat "in-network," or you may be able to pick your doctors from a list of approved physicians.

Health insurance companies almost always have a "right of subrogation" or "right of reimbursement." This means they have a right to be paid back a portion of the expenses incurred for accident-related treatment. How much they get paid back depends on many factors including the language contained in the health insurance contract.

As discussed in detail on our elements of a claim page, the at-fault party is responsible for all of your economic and non-economic losses. Financial losses include things like lost time from work and medical expenses. Non-economic losses are often much more devastating, including physical impairment, loss of quality of life, physical pain, and emotional suffering.

Remember that the at-fault party is responsible for your past and future losses. Thus, if you continue to lose money in the future, the at-fault party is also liable for those damages.

Very few cases end up going to trial. More than 90% of all cases settle before trial. That being said, we have to prepare every case with the expectation that it will go to trial. Without the realistic threat of trial, insurance companies rarely offer reasonable amounts to settle the claim. That is why we highly recommend you hire a firm, like the Kaudy Law Firm, that has extensive trial experience. Insurance companies know the law firms that take cases to trial and those that do not.

The honest answer to this frequently asked question is maybe not. If your case is relatively minor, and your injuries have completely healed, you may be better off working directly with the insurance company to resolve your claim.

Beware, however, of insurance companies that try to settle your claim early on. Once you settle your claim, you cannot go back! Be sure your injuries have completely healed before agreeing to settle your claim. Of course, do not miss the statute of limitations! On most car accidents the statute of limitations is three years. Some claims, however, have statutes of one year or less!

For example, you must notify a governmental agency within six months of your injury or your claim may be potentially barred! To make matters worse often it is impossible to know whether the party is a governmental entity.

If you have any questions about your case, including whether you even need a lawyer at all, please call or email us today! The expert lawyers at the Kaudy Law Firm are here to help.