When another driver crashes into your vehicle in Colorado, their insurance should cover your injuries and damages. Unfortunately, what sounds easy on paper is never simple in reality. Insurers often employ a variety of tactics to deny Colorado accident claims, making it essential to have an Arvada personal injury lawyer to assist you with this process.
If you’ve never been in an accident before, you may fall victim to the tricks of the insurance trade. Read on to learn more about the many ways insurers will deny auto accident claims.
Common Tactics Used by Insurers in Colorado to Deny Claims for Car Accidents
The best way to ensure your claim is approved is to look at the tactics that insurance companies commonly use to deny victims of car accident settlements.
Downplaying Your Injuries
If you are seriously injured in an accident, it’s wise to hire a car accident attorney from the start. They will communicate with the insurer on your behalf, which can save you from saying something as seemingly benign as, “I’m fine,” in response to their inquiry on how you are doing. This simple two-word phrase can be contorted to use as an argument that your injuries aren’t serious.
Blaming Your Pre-Existing Conditions
For those with previous injuries or conditions, insurers love to use them as a way to deny car accident claims. They’ll tell you they won’t issue payment for this car accident because it’s from your previous injuries noted in your medical history. The truth is that you can receive compensation for injuries in your car accident, even if you have a pre-existing condition.
Lack of Policy Coverage
All drivers in Colorado must have the mandatory minimum requirements to drive legally in the state. The other driver may only have these minimums, or worse, may have lapsed on the payment, and they can use this to deny your car accident settlement.
Twisting Your Words
Car crashes are shocking and traumatic, and as a result, many victims may report their side of the story with slight inconsistencies. Insurance agents are trained to get you talking and then take what you say to use against you to reduce or deny the claim.
Causing Delays
Some insurance companies act in bad faith by dragging their feet on investigations to draw out the recovery timeline. They know that the longer you have to wait for your money, the more desperate you will become. They can then offer you much less than the amount of your financial losses since they know you’ll take it.
Putting More Blame on You for the Accident
Another way that insurance companies deny Colorado accident claims is by using the state’s laws on modified comparative negligence against you. Under this model, you can still collect compensation if you are at fault, but you must be at less than 50% fault. Insurers will find ways to increase your percentage of fault to such a high degree that it drastically reduces or denies your settlement.
How to Protect Yourself from Devious Insurance Company Methods
Now that you know what you’re up against, you can take the right steps to protect yourself and get the money you deserve for the harm you’ve suffered.
Watch What You Say in a Statement
While the other driver’s insurance company will be responsible for paying for your injuries, you’ll need to speak to your own insurer too. Anything you say can be recorded and then used against you, and for this reason, it is best to hire an attorney first. If you don’t have an attorney, then remember to stick to the facts, never admit fault, and do not speculate.
Get Medical Care Immediately
Insurers can argue that you’re not as injured as you claim if you don’t seek immediate treatment for your injuries. They can also make that claim if you don’t follow up with your doctors, take medications as required, or visit specialists for your injuries. Documenting all your treatments helps nip this tactic in the bud.
File On Time
You should file a car accident claim as soon as possible after the accident. This involves notifying your own insurer within 24 to 48 hours and contacting the other driver’s insurer to make your claim. Be sure to back everything up with documentation to avoid issues.
Appeal Your Denial
If you are denied on this claim, you can file an appeal. However, you will want to have an attorney representing you to fight the insurance company. They have a team of litigators, and so should you to get the fair settlement you deserve.
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