One second you’re driving. The next, you’re dealing with police, a tow truck, medical bills, and an insurance adjuster who calls before you’ve even left the hospital. If you’re searching for car accident lawyers in Denver, you probably want straight answers. This post covers what to do after a crash, how fault works in Colorado, what compensation can cover, and which deadlines matter. It isn’t legal advice for your exact situation, but it’s a solid place to start.
Key Takeaways
- Get medical care right away and report the crash to the police.
- Colorado lets you recover damages even if you share some fault, as long as your share isn’t as great as or greater than the other party’s.
- Economic damages aren’t capped. For claims accruing on or after January 1, 2025, non-economic damages are capped at $1.5 million.
- You generally have three years to file a car crash lawsuit. A claim involving a government vehicle or employee requires written notice within 182 days.
- Uninsured and underinsured motorist coverage may help if the at-fault driver can’t pay.
What to Do After Traffic Accidents in Denver, Colorado
After traffic accidents in Denver, Colorado, you’re likely to be flustered. That’s normal. Try to stay calm and work through these steps. If you’re taken to the hospital, your only job is to get medical care.
- Turn off your engine. This may prevent a fire.
- Get medical help right away. Adrenaline and shock can mask symptoms, and refusing care at the scene could be used against you later.
- Report the crash to the police. In Colorado, you’re legally required to report a crash that causes injuries or property damage.
- Get the other driver’s identification and insurance information. A photo of their license and insurance card works well.
- Collect names and contact information from any witnesses.
- Photograph the scene, the damage to each car, and any skid marks.
- Don’t say anything that implies fault. Even “I’m sorry” can be used against you.
- Don’t sign anything except police documents, and refer the other driver’s insurer to your own insurance company or attorney.
Our guide to the 9 steps to take after a Colorado car crash covers these in more detail.
Five Mistakes That Can Hurt Your Claim
- Saying “I’m OK.” Minimizing your pain at the scene can be used to argue your injuries aren’t from the crash or aren’t as serious as you say.
- Skipping the police report. It gives you an official record of what happened.
- Taking a quick settlement. What if your pain continues or you can’t return to work? Take time to understand your real needs before you accept anything.
- Posting about the crash on social media. Posts can be taken out of context and used against you.
- Going without a lawyer. The adjuster may tell you that you don’t need one. That’s because it costs the insurance company less if you don’t have one.
Why Hire a Car Accident Lawyer in Denver?
Insurance companies don’t like to pay claims, even when someone else was clearly at fault. You’d be up against professionals whose job is to limit what the company pays, while you’re trying to rest and heal. A car crash lawyer in Colorado can take that weight off you. That means interviewing witnesses, recreating how the crash happened, calculating your economic and non-economic damages, and negotiating with the insurer or the other driver’s attorney. It also means knowing what to do before you sign a car accident release of all claims form.
The at-fault party is most often another driver. But it can also be a mechanic who made a faulty repair, a manufacturer that built a defective product, or a government entity that didn’t fix a known road hazard. A lawyer can look at all of it. Many cases settle out of court. If yours doesn’t, you’ll want someone ready to try it.
Not sure whether you have a case?
Call Greer Law Group at 303-331-6460 for a free consultation.
How Fault Works in Colorado
Colorado follows a modified comparative negligence rule. You can still recover if you share some of the blame. Your award is reduced by your percentage of fault, so if you’re 10% at fault, your damages drop by 10%. If your fault is as great as or greater than the other party’s, you can’t recover anything (C.R.S. 13-21-111).
That’s why fault is rarely a simple question. Insurers often try to push more of the blame onto you. Evidence from the scene matters.
What Compensation Can Look Like
- Economic (pecuniary): medical bills, lost wages, medications and medical equipment, mileage to appointments, and changes to your home or car, such as ramps or special steering.
- Non-economic (non-pecuniary): physical pain, emotional trauma, PTSD, loss of activities you used to enjoy, and damage to family relationships and friendships.
Colorado doesn’t cap economic damages. For claims that accrue on or after January 1, 2025, non-economic damages are capped at $1.5 million, with inflation adjustments starting January 1, 2028. Damages for physical impairment or disfigurement aren’t subject to that cap (C.R.S. 13-21-102.5). Receipts are easy to add up. Putting a number on pain and lost enjoyment is harder, and that’s where a lawyer’s experience helps.
Car crashes cause a range of injuries. Common ones include traumatic brain injury, whiplash, neck and back injuries, headaches, broken bones, and soft-tissue injuries. Many don’t show up right away, so see your doctor soon after the crash even if you feel fine.
What If the Other Driver Is Uninsured or Underinsured?
You may be able to claim under your own uninsured or underinsured motorist coverage. Colorado requires auto policies to include it unless the named insured rejects it in writing, and underinsured coverage is paid in addition to the at-fault driver’s liability limits (C.R.S. 10-4-609). Check your policy’s rules before you accept a settlement from the at-fault driver’s insurer, since some policies have requirements about settling first.
If you’re hit by someone with no insurance, get their contact information and, if possible, a written statement that they’re uninsured. Make sure the police are called. Our post on what to do if you’re hit by an uninsured driver in Colorado explains your options.
How Long Do You Have to File?
In most cases, three years. Colorado law gives three years to file a tort action for bodily injury or property damage arising from the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). The clock generally starts when you knew or should have known of the injury and its cause, which is usually the day of the crash.
One deadline moves much faster. If a government vehicle or employee was involved, a written notice of claim is due within 182 days of discovering the injury (C.R.S. 24-10-109). See our guide to the Colorado car crash statute of limitations.
Working With Greer Law Group
Greer Law Group, led by trial lawyer Marlo Greer, represents people seriously or permanently injured in Colorado car crashes from its Denver office at 2950 Brighton Blvd STE 25. The team handles the investigation, the insurance calls, and the paperwork, so you can focus on getting better.
Ready to talk through your options?
Call 303-331-6460.
Conclusion
A serious crash is hard enough without fighting an insurance company on your own. Deadlines can be tricky and evidence can disappear, so don’t wait if you’re unsure where you stand. If you’re looking for car accident lawyers in Denver, call Greer Law Group at 303-331-6460, or learn more on our Colorado car accident lawyer page.
Frequently Asked Questions
1. How long do I have to file a car accident lawsuit in Colorado?
In most cases, three years (C.R.S. 13-80-101(1)(n)). If a government vehicle or employee was involved, a written notice of claim is due within 182 days of discovering the injury (C.R.S. 24-10-109).
2. Can I recover damages if I was partly at fault?
Yes, as long as your share of fault is less than the fault of the party you’re suing. Your award is reduced by your percentage of fault. If your fault is as great as or greater than theirs, you can’t recover (C.R.S. 13-21-111).
3. Is there a cap on car accident damages in Colorado?
Colorado doesn’t cap economic damages such as medical bills and lost wages. For claims that accrue on or after January 1, 2025, non-economic damages such as pain and suffering are capped at $1.5 million, with inflation adjustments starting January 1, 2028. Damages for physical impairment or disfigurement aren’t limited by this cap (C.R.S. 13-21-102.5).
4. What if the driver who hit me was uninsured or underinsured?
You may be able to claim under your own uninsured or underinsured motorist coverage. Check your policy’s rules before you accept a settlement from the at-fault driver’s insurer (C.R.S. 10-4-609).
5. Does it cost anything to talk to a car crash lawyer at Greer Law Group?
No. You can call 303-331-6460 for a free consultation to talk through your case and your options.