This question might sound simple. But the answer’s a lot more complicated than you might expect. The bottom line is you should be compensated for all your accident expenses if someone else caused your collision in Colorado. That’s the law and that’s how the state’s at-fault car insurance system works.
Where this can get complicated is different parties might disagree about how much money you should receive for your accident. The at-fault driver’s insurance company might claim that your accident is only worth a few thousand dollars. In contrast, your lawyer might argue that you deserve far more money based on evidence support of your car accident claim.
This is why it’s critical that injury victims have an attorney on their side working with them to obtain the money they rightfully deserve. Otherwise, you could end up having to pay for some of your accident expenses out of your own pocket.
Who decides how much my Colorado car accident is worth?
You might be surprised to find out that in many cases, the businesses that have the most to say about how much money you should receive for your accident are the same ones responsible for paying for your accident – insurance companies.
Not surprisingly, the at-fault driver’s insurance company (which is often responsible for paying for your accident) will likely not take into account all of your accident expenses. Their goal is to save money, not to fully compensate you for your losses.
The reality is you should be compensated for all your accident expenses, regardless of whether they occur a few days after your accident or years later. That’s why it’s critical that you have an attorney representing you involved in any discussions concerning how much money you should receive for your accident.
What can I be compensated for?
As explained above, you should be compensated for all your accident expenses. What you might not realize is just how many expenses this can include, especially when you take into account future anticipated expenses due to your accident. This is one area in particular where injury victims and insurance companies are often at odds. Such expenses can cover a wide range, including:
- Cost of all medical care, including future medical treatment for ongoing medical issues (including chronic pain) due to your accident.
- Money to repair damage to your vehicle or buy a new one if your car was destroyed in your accident.
- Replacement income if you need time off from work to recover from your injuries.
- Future income if you are not able to return to work or can only work in a reduced capacity due to a permanent disability.
How is car accident compensation calculated in Colorado?
Compensation for car accident injury victims in Colorado is calculated based on a variety of factors, including the extent of someone’s injury, the cost of medical treatment, lost wages, and other expenses related to the accident.
Insurance companies for everyone involved often have the most to say when it comes to determining how much money should be awarded to car accident injury victims. But they shouldn’t be the only ones involved in such important discussions.
An experienced car accident lawyer should be part of this process and make sure that injury victims’ rights are respected. An attorney can help injury victims understand the different types of compensation available. Ultimately, the goal is to ensure that anyone hurt in an accident caused by another driver receives fair and full compensation for the harm they suffered.
FAQs
Colorado allows car accident injury victims to file a lawsuit seeking compensation for non-economic damages, including pain and suffering. Non-economic damages is a legal term used to describe money awarded for injury-related expenses that do not have a specific price tag, like car repairs or medical bills.
What is the average car accident settlement in Colorado? ›
According to data from the Insurance Information Institute, the average car accident settlement is about $25,000. However, there are significant differences in the circ*mstances of each auto accident in Colorado, so these figures don't help car accident victims who want to know what their claims are worth.
What is the pain and suffering limit in Colorado? ›
Amount Limits
Colorado limits non-economic damages in medical malpractice and in most other civil case to $250,000. In claims for injuries not caused by medical malpractice, if there is "clear and convincing justification" for a higher damage award, as much as $500,000 in noneconomic damages is permitted by law.
What is the personal injury limit in Colorado? ›
$25,000 for bodily injury or death to any one person in an accident; $50,000 for bodily injury or death to all persons in any one accident; and. $15,000 for property damage in any one accident.
How is fault determined in a car accident in Colorado? ›
Heres' how: Colorado uses a modified comparative negligence standard for accident claims, which means fault for an accident can be divided among all those involved. Compensation is then reduced by an individual's percentage contribution to a car accident.
How much are most car accident settlements? ›
A: In California, the average car accident settlement amount is anywhere between $20,000 – $30,000, depending on the overall severity of the injuries sustained and any associated property damages, lost wages, etc. This is for more moderate cases in terms of their severity.
What injuries pay the most? ›
What Personal Injuries Pay the Highest Settlements
- Chest Injuries. Case Example.
- Broken Bones. Case Example.
- Spine and Neck Injuries. Case Example.
- Head Injuries. Case Example.
- Traumatic Brain Injury (TBI) Case Example.
- Severe Burns. ...
- Amputations and Loss of Limbs. ...
- National Average Settlement Payouts for Personal Injuries.
1. Negligent Infliction of Emotional Distress (NIED): In Colorado, victims can file NIED claims when they have witnessed a loved one's injury or death due to another party's negligence. This allows individuals who have suffered emotional distress due to the traumatic event to seek compensation.
What type of compensatory damages are permissible in Colorado? ›
Compensatory Damages in Colorado Personal Injury Cases
- medical bills;
- future medical bills;
- property damage;
- lost wages; and.
- lost earning capacity.
It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000.
“Serious Bodily Injury”– has the same meaning as defined in section 42-4-1601(4)(b), C.R.S., namely: injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or ...
What is the best bodily injury limit? ›
At a minimum, you'll want to get the amount required to drive legally in your state. Some experts recommend having bodily injury limits of at least $100,000/$300,000. However, you may want to buy insurance with higher limits to protect any financial assets that could be seized in a lawsuit.
How long after an accident can you file a claim in Colorado? ›
In Colorado, car accidents have a longer statute of limitations than most other personal injuries, for which you have two years to claim injury. The statute of limitations for personal injury and for property damage due to motor vehicle accidents is 3 years and begins immediately after the accident.
What is the liability for a car accident in Colorado? ›
Colorado is a comparative fault state which generally means a driver whose negligence causes an automobile crash will be responsible for the damages sustained by other drivers and passengers. If more than one driver is negligent, each driver pays for their portion of the damages based on their percentage of the fault.
Is Colorado a no-fault car accident state? ›
No, Colorado is not a no-fault state. In Colorado, you may sue the responsible party any time that you get hurt or have property damage in a car accident.
Who is usually at fault in a car crash? ›
With California being a pure comparative negligence state, both drivers will usually share the responsibility for a right-turn accident. However, if a driver who did not have the right of way made a right turn and rear-ended another vehicle, they may be 100% at fault.
How much compensation for personal injury? ›
The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a 'one sum suits all' approach to general damages; every single claim is different.
What makes a car totaled in Colorado? ›
In Colorado, a vehicle is considered a total loss when the cost of repairing it plus the salvage value is at least 100% of its actual cash value. This means that if the cost of repairs, including parts and labor, is higher than what the car is worth in its pre-accident condition, it will be classified as a total loss.
What is the average settlement for a car accident in CT? ›
The average car accident settlement amount in Connecticut is about $23,900. However, it's important to note that the payout amount can vary widely depending on several factors: If an injury occurred due to the accident. Injuries can increase the settlement due to medical bills, lost wages, and pain and suffering.
How much is a settlement for a car accident back and neck injury in Georgia? ›
The average settlement for car accident back and neck injury in Georgia can range from $10,000 to $100,000, depending on the severity of the injury and its impact on the victim's life.
