8th Oct 2014
Damages in an auto accident typically include:
1) The auto repair which is normally paid a) by the “at fault” driver’s insurance or b) your insurance less the applicable deductible (usually about $500 deductible);
2) The medical expenses which are, in Colorado, typically paid by “Med Pay” coverage of your own auto insurance (assuming you kept Med Pay in your coverage) then by your health insurance; and
3) Bodily injury damages for pain, suffering, loss if income or earning capacity and loss of enjoyment of life. These damages are typically also covered from two sources: a) the at fault driver’s insurance and b) your own uninsured (if the at fault driver was not insured) or under insured (if the at fault driver was inadequately insured) coverage.
While it is true that Colorado is a comparative percentage of fault recovery state, the insurance company is not entitled to make that percentage determination arbitrarily and only provide a portion of the coverage. This is particularly so in coverage for 1 and 2 described above. Since nearly all attorneys do this work on a percentage fee (you only pay from a recovery) basis and give free initial consultations, why don’t you pick out a good attorney and get some answers. It will not cost you anything. The questions you need to ask him/her are on this website.