Whether it’s a minor fender-bender or a more severe collision, a car accident can leave you feeling unsure of what steps to take next.
After a car accident, it’s natural to feel overwhelmed. At Franklin D. Azar & Associates, P.C., our Aurora car accident lawyer team is ready to guide you every step of the way.
Key takeaways from this guide include:
- Prioritize safety and seek medical attention immediately after an accident
- Document the accident scene and gather all relevant information
- Report the accident to your insurance company promptly
- Keep detailed records of all accident-related expenses and communications
- Be cautious when communicating with insurance companies, especially those representing other parties
- Understand the insurance claims process and be prepared to negotiate
- Consider legal representation, especially in complex cases or when dealing with severe injuries
- Be aware of long-term considerations, including ongoing medical treatment and potential financial impacts
- Know the statute of limitations for filing a lawsuit in your state
Aurora car Accident Guide
- The Days Following the Car Accident
- Understanding the Insurance Claims Process
- When to Consider Legal Representation
- Statute of Limitations
- Long-Term Considerations
- How Franklin D. Azar & Associates, P.C. Can Help You
- Schedule Your Free Consultation With a Car Accident Lawyer Today
The Days Following the Car Accident
1. Seek Medical Attention
Even if you don’t feel injured immediately after the accident, see a doctor. Some injuries may not manifest symptoms right away.
A medical evaluation will:
- Ensure you receive the necessary treatment
- Create a medical record linking your injuries to the accident
- Prevent insurance companies from arguing that your injuries were unrelated to the accident
During your medical evaluation, be sure to:
- Describe all symptoms, no matter how minor they may seem
- Mention any pre-existing conditions that may have been exacerbated by the accident
- Follow all treatment recommendations and attend follow-up appointments
- Keep a journal documenting your symptoms, treatment, and how the injuries are affecting your daily life
2. Notify Your Insurance Company
Contact your insurance company to report the accident as soon as possible. Most policies require prompt reporting. Give your insurer basic facts about the accident, but avoid going into extensive detail or admitting fault.
When speaking with your insurance company:
- Stick to the facts of what happened
- Don’t speculate about fault or liability
- Ask about the next steps in the claims process
- Inquire about your coverage for medical expenses and vehicle repairs
- Find out if you have rental car coverage while your vehicle is being repaired
Review your insurance policy with a car accident lawyer to understand your coverage limits and any applicable deductibles.
3. Keep Detailed Records
Start a file to organize all documents related to the accident, including:
- Police report
- Medical records and bills
- Correspondence with insurance companies
- Receipts for any accident-related expenses
- Notes about your injuries and recovery process
- Pay stubs or other documentation of lost wages
- Estimates for vehicle repairs
- Rental car receipts
- Any other expenses incurred as a result of the accident
4. Be Cautious When Communicating with Other Parties
The other driver’s insurance company may contact you for a statement.
Respond with caution:
- Avoid giving a recorded statement without consulting an attorney
- Don’t admit fault or downplay your injuries
- Stick to the facts and avoid speculation
- Retain an attorney and refer the insurance company to them
Remember, the other driver’s insurance company is not on your side. Their goal is to minimize their payout, which may involve trying to shift blame onto you or downplay the severity of your injuries.
Have all communication go through your attorney.
Understanding the Insurance Claims Process
Types of Insurance Coverage
Depending on your policy and the circumstances of the accident, you may need to deal with different types of insurance coverage:
- Liability Coverage: Pays for damage you cause to others
- Collision Coverage: Covers damage to your vehicle
- Personal Injury Protection (PIP): Covers medical expenses and lost wages, regardless of fault
- Uninsured/Underinsured Motorist Coverage: Protects you if the at-fault driver has insufficient or no insurance
- Medical Payments Coverage: Pays for medical expenses for you and your passengers, regardless of fault
- Comprehensive Coverage: Covers damage to your vehicle from non-collision events (e.g., theft, vandalism)
Understanding your coverage can help you take advantage of all the benefits available to you.
The Claims Investigation
Once you file a claim, the insurance company will assign an adjuster to investigate the accident.
This process typically involves:
- Reviewing the police report and any witness statements
- Examining photos of the damage and the accident scene
- Assessing medical records related to your injuries
- Possibly interviewing you and other parties involved
- Inspecting the damaged vehicles
- Reviewing your policy to determine coverage
The adjuster’s job is to gather all relevant information to determine:
- Who was at fault for the accident
- The extent of the damages and injuries
- How much the insurance company should pay out
Negotiating a Settlement
After completing their investigation, the insurance company will offer a settlement. Their initial offer may not fully compensate you for your losses.
Your lawyer will consider the following before advising you to accept a settlement:
- The full extent of your injuries and required treatment
- Any long-term effects or disabilities resulting from the accident
- Lost wages and potential future loss of earning capacity
- Pain and suffering
- Property damage and other out-of-pocket expenses
- Future medical expenses related to your injuries
When to Consider Legal Representation
Hire a car accident lawyer if your claim involves:
- Severe injuries or long-term disabilities
- Disputed liability
- Uninsured or underinsured at-fault driver
- Bad faith practices by insurance companies
- Complex cases involving multiple parties or commercial vehicles
- Accidents resulting in fatalities
- Cases involving government vehicles or employees
An experienced attorney can level the playing field, especially when dealing with large insurance companies that have teams of lawyers on their side.
The Litigation Process
If you cannot reach a fair settlement through negotiations, you may need to file a lawsuit.
The litigation process typically involves:
- Filing a complaint: Your attorney will file a formal complaint outlining your case against the responsible party.
- Discovery: Both sides exchange information and evidence related to the case.
- Depositions: Sworn testimonies are taken from witnesses, experts, and parties involved. This allows both sides to gather information and assess the strength of the case.
- Mediation or arbitration: Many cases resolve through alternative dispute resolution methods before reaching trial. These processes can cost less and take less time than a full trial.
- Trial: If you cannot settle, your case may proceed to trial, where a judge or jury will determine the outcome.
- Appeals: If either party is dissatisfied with the outcome, they may appeal the decision to a higher court.
Statute of Limitations
It’s important to know the statute of limitations for filing a car accident lawsuit in your state. In Colorado, for example, you generally have three years from the accident date to file a personal injury lawsuit. Failing to file within this timeframe can result in losing your right to seek compensation.
However, there are some exceptions to this rule:
- If the injured person is a minor, the statute of limitations may be extended
- If the injury wasn’t discovered immediately, the clock may start ticking from the date of discovery
- In cases involving government vehicles or employees, there may be shorter notice requirements
Given the complexity of these rules and the severe consequences of missing deadlines, you need to consult an attorney as soon as possible after an accident.
Long-Term Considerations
Ongoing Medical Treatment
Depending on the severity of your injuries, you may require ongoing medical treatment.
In these situations:
- Follow your doctor’s treatment plan diligently
- Attend all scheduled appointments
- Keep detailed records of your treatment and progress
- Be honest with your healthcare providers about your symptoms and limitations
Long-term medical considerations may include:
- Physical therapy or rehabilitation
- Occupational therapy
- Pain management
- Mental health counseling
- Potential future surgeries or procedures
Consider these long-term medical needs when negotiating a settlement or pursuing legal action. An experienced attorney can account for future medical expenses to adequately compensate you.
Emotional and Psychological Impact
Car accidents can have lasting emotional and psychological effects.
Many accident victims experience:
- Anxiety or fear of driving
- Post-traumatic stress disorder (PTSD)
- Depression
- Sleep disturbances
- Mood swings or irritability
- Difficulty concentrating
Remember, taking care of your mental health is just as important as addressing your physical injuries.
Impact on Your Driving Record and Insurance Rates
A car accident can potentially affect your driving record and insurance rates.
Factors that may influence these include:
- Who was at fault for the accident
- The severity of the accident
- Your previous driving history
- Your insurance company’s policies
- Whether any traffic violations were involved
If you’re at fault for the accident, you may see an increase in your insurance premiums. However, many insurance companies offer accident forgiveness programs for first-time offenders or those with good driving records.
Vehicle Repairs or Replacement
Dealing with vehicle damage is often a part of the post-accident process.
You may need to:
- Get multiple repair estimates from reputable auto body shops
- Work with the insurance company to determine if your vehicle is repairable or a total loss
- Negotiate for fair compensation if your vehicle is totaled
- Arrange for a rental car while your vehicle is being repaired
How Franklin D. Azar & Associates, P.C. Can Help You
At Franklin D. Azar & Associates, P.C., we have decades of experience helping car accident victims in Colorado.
Our team of skilled attorneys can assist you by:
- Providing a free initial consultation to evaluate your case
- Conducting a thorough investigation of the accident
- Gathering and preserving evidence
- Handling all communications with insurance companies
- Negotiating for fair compensation on your behalf
- Representing you in court if a fair settlement cannot be reached
- Connecting you with medical professionals who can provide necessary treatment
- Helping you understand your rights and options at every stage of the process
- Ensuring all deadlines are met, and paperwork is filed correctly
- Providing ongoing support and guidance throughout your recovery
Our goal is to alleviate your stress and ensure you receive the compensation you deserve, allowing you to focus on your recovery.
Our team has a proven track record of successfully handling many car accident cases, from minor collisions to catastrophic injuries. We have the resources, knowledge, and experience to take on cases and achieve favorable client outcomes.
We operate on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. This allows you to access high-quality legal representation without worrying about upfront costs during stressful times.
Schedule Your Free Consultation With a Car Accident Lawyer Today
Contact Franklin D. Azar & Associates, P.C. today for a free consultation. Let our Aurora personal injury lawyer team use their experience and resources to help you.
Remember, time is often of the essence in car accident cases. The sooner you seek legal help, the better we can protect your rights and build a strong case for the compensation you deserve.
We’re more than just your legal representatives—we’re your advocates, your support system, and your partners. Let us help you turn this challenging experience into an opportunity for recovery and justice.
