Why Colorado residents need extensive auto insurance protection

On Behalf of | May 10, 2021 | Car Accidents

Driving in Colorado can be different from many other states in the nation. Not only are there many mountainous regions in the state that create dangerous situations on the open road, but auto insurance laws can make it difficult when pursuing whole compensation after being involved in an accident. Insurance companies regularly take accident injury claims to court when there is significant shared fault due to the Colorado comparative negligence law. Defenses to claims are often vigorous, and injured drivers who do not have aggressive legal representation in these cases can easily lose any claim they may have. In addition, there are many drivers who are insured at the state minimum of $25,000 liability coverage, which can easily be exceeded in car accidents that produce injuries.

Colorado comparative negligence law

The state of Colorado uses modified comparative negligence law when assessing personal injury claims in car accidents. While many other states use the same principle when settling accident injury claims, few of them set the standard at 50% fault for denial of any financial compensation. What this means is that two-car accidents of equally shared fault will result in neither driver being eligible for any financial compensation for suffered injuries. And when the driver of primary fault only carries state minimum, the cap on their insurance policy is all financial compensation available other than filing a personal lawsuit for the remainder unless the injured driver carries uninsured/under-insured protection on their personal policy.

Filing a claim against your own insurance provider

Drivers who are injured in car accidents beyond the extent of coverage for another at-fault driver will then need to file an injury claim with their own insurance company. While insurance companies offer the policy rider by law when issuing coverage, they do not want to pay benefits if it can be avoided. The court system determines if the additional coverage applies, which means legal representation is also needed in this situation because personal insurance companies will then fight the court ruling.

All Colorado drivers should understand this primary principle when being involved in car accidents within the state. Always retain an experienced Colorado auto accident attorney who understands how to navigate the legal system and file claims against all parties who are responsible to provide whole financial benefits for their injured client.

Attorney Chadwick P. McGrady at his desk