If I am involved in an auto accident in Colorado, how long do I have to make a claim?

Colorado law states that you have three years to bring in a claim. By the three year anniversary of your accident, your claim must be resolved or a lawsuit must be filed to protect your interests.

There may be other deadlines, such as filing appropriate notices if your claim involves a governmental entity, including claims against RTD.

Slip and fall actions as well as wrongful death claims generally have a two year statute of limitations.

Where do I go for medical treatment?

Since Colorado became a "tort" state in July of 2003, many people are unsure how to obtain medical treatment when injured in an auto accident. For immediate medical attention, you may need to be seen in the emergency department of a local hospital or at an urgent care clinic. For follow up care, unless you have health insurance or other medical coverage, you may have difficulty locating a doctor unless you can pay the bill up front.

The Gaiennie Law Office has developed relationships with doctors, chiropractors, physical therapists and other medical providers who would be willing to provide you with medical treatment on a lien. A lien is an agreement with your medical provider.

How do my medical bills get paid?

The first thing we will find out is whether you have medical payments coverage under your own insurance policy. Colorado law now requires insurance companies to offer $5000 in medical payments coverage, although an individual can choose not to accept that coverage.

If you have health insurance, Medicare or Medicaid, your medical care may be paid for in full or in part through these programs. However, be aware most policies require repayment of these benefits from any claims you pursue against the at-fault party.

The insurance carrier for the person who caused the accident (or your own uninsured motorist coverage) is ultimately responsible for payment of the medical bills. Generally, the insurance company pays medical bills, pain and suffering, lost wages and other claims in one lump sum (other than property damage claims).

What if I am unable to work?

You should discuss with your employer whether you are entitled to any benefits or paid leave. If your inability to work is lengthy, you may want to apply for disability benefits.

We will make a claim on your behalf to the insurance company for payment of your lost wages, including the time missed from work to attend your medical appointments.

Do I even need a lawyer?

If you are injured in an accident, you may need legal representation to obtain a fair resolution of your claim. If your claim is for damage to your vehicle only, you may be able to adequately resolve the claim directly with the insurance company.

The reality is that insurance companies are corporations whose goal is to make a profit. Insurance companies are some of the richest companies in America. Insurance companies make their profit by minimizing the amount they pay in claims in order to maximize their revenue. Having good legal counsel requires an insurance company to properly evaluate your claim or risk facing a lawsuit of the claim.

Studies have shown that people who obtain legal counsel end up with more money than those who are unrepresented, even after payment of the attorney fees. The best way to determine whether you need a lawyer is to come in for a free initial consultation to discuss your claim.

Can I get a free consultation?

Yes. Just call (303) 455-5030 to set up your FREE initial consultation. We will be happy to meet with your to discuss your claim and advise you of your legal rights and options.

What happens if the person who hit me does not have insurance?

There are several ways in which that person might be covered. If they live with someone with a valid insurance policy, they may be covered as a resident relative. Or, if someone else owned the car, there may be a valid insurance policy to cover the driver. Also, you may have uninsured motorist coverage through your own insurance policy. Our law office would be happy to help you locate applicable coverage to protect your interests.

Do I need to contact my own insurance if the accident was not my fault?

Yes, you should contact your agent if you were involved in an auto accident, even if the accident was not your fault. At that time, you should ask for a copy of your policy, including the declaration page (listing your coverages). You may have benefits such as medical payments coverage or wage loss coverage for which you have paid premiums.

Also, if the person who caused the accident turns out to be uninsured or under-insured, you may have applicable coverages under your own policy.

How long will the process take?

There are several stages to a claim . You immediate concern will be seeking prompt medical attention. After that, you may need help with property damage, meaning repair or total of your vehicle, as well as obtaining a rental car and payment of the towing charges.

When you have reached a point in your care where either your injuries have resolved or you have reached maximum medical improvement, we are then ready to prepare your claim against the insurance company. The length of this process varies on several factors; which insurance company to whom we are making a claim, whether you need a permanent impairment rating to document the extent of your permanent medical injuries, documentation of your economic losses, etc.

At the Gaiennie Law Office, we try to obtain as much information and documentation on your claim as possible while you are still treating, so that when you are released from care, we can move your claim forward as promptly as possible.

Will I get periodic updates on the status of my case?

Yes. You will be sent copies of the letters which are sent out on your behalf to insurance companies and medical providers. If at any time you have a question about your case, one of our attorneys, paralegals or legal assistants will be happy to answer your questions.

If I was injured in an automobile accident that was caused by someone else's negligence or carelessness, what benefits may I be entitled to?

• Medical bills
• Lost wages
• Pain and suffering
• Permanent disfigurement or impairment damages
• Loss of enjoyment of life
• Loss of quality of life
• Inconvenience
• Mileage to and from medical appointments
• Other economic and non-economic damages
• Property damages

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