If you have been in an accident, one of the first questions your lawyer will work to prove is who is at fault for the accident occurrence. This is particularly important in states like Colorado because it is considered to be an “At-Fault State.” This will have major ramifications for how a case is run and for where your compensation comes from as a victim.
What is a No-Fault State? What is an At-Fault State?
When an accident occurs, compensation and where it comes from will be determined by fault.
In a No-fault state, a victim will file a claim for compensation with their own insurance company, regardless of who is at fault for the injuries. There are only a few exceptions to this – such as particularly severe accidents or accidents where a death occurs. Wrongful death cases of this nature may even be eligible for criminal charges.
In an At-fault state, the victim will file their claim, and the at-fault party’s insurance will be responsible for paying it. In these cases, it doesn’t matter how severe your injuries are. Your injury lawyer will help you determine how much compensation to file for in these situations.
What Does Colorado Law Say About Fault in an Accident?
Colorado is considered to be an “At-Fault State;” this means that when a victim is injured, they will file a report with the at-fault party’s insurance.
If you are involved in an accident in Colorado, it is highly recommended that you retain a lawyer before speaking with an insurance adjuster – both from an at-fault party’s insurance company and your own. Remember, saying things that may inadvertently indicate fault could affect your claim as well as your insurance rate.
What Insurance Do I Have to Have in an At-Fault State?
In an At-Fault state like Colorado, making sure you have adequate insurance to protect both your physical and legal well-being is vital. Indeed, state law requires that you retain at least $25,000 dollars per person or $50,000 per accident in coverage as a driver. This may not seem like a lot, but severe injuries rack up costs quickly!
Unfortunately, even with laws requiring that drivers have insurance in place, you cannot guarantee that every driver you meet on the road will be insured; this becomes especially problematic when you are involved in an accident where the at-fault driver doesn’t have adequate insurance. For this reason, many drivers in Colorado choose to have Uninsured / Under-insured Motorist (UIM) protection in addition to their legally required insurance.