FAQ - Personal Injury

Frequently Asked Questions about Personal Injury

Q: Should I hire the lawyer I saw on TV or the side of a bus?

A: It is up to you, but lawyers who advertise on TV usually charge very high fees (40% of your settlement). In addition, the lawyers who run these firms often spend more time promoting themselves than practicing law. If you hire a personal injury "mill" your case may be handed off to a low level lawyer or paralegal while the owners of the firm are making new television commercials.

Q: What is "subrogation"?

A: Subrogation is the right of your health insurer to claim a portion of the settlement you receive from the at-fault party's insurer to repay the costs it incurs in paying for your accident related care. Subrogation may be limited or eliminated in many circumstances, including a policy limits recovery.

Q: Is Colorado a "no fault" State?

A: No. Colorado accident claims are adjusted according to fault. The at-fault driver's insurance company must pay for your property damage and bodily injury up to the limits of his available insurance.

Q: The other driver is disputing liability. What should I do?

A: If the other driver received a traffic citation, you should contact the district attorney prosecuting the case, and let him know that you want the case to be vigorously prosecuted. In addition, it may be worthwhile to undertake an accident reconstruction so gain a better understanding of what occurred. In larger cases with disputed liability, an accident reconstruction is common.

Q: How much liability insurance should I purchase?

A: There is no short answer to this question, but if you can afford it you should minimally purchase insurance that provides $100,000 in coverage per person and $300,000 per accident. Depending on your financial resources, it may be prudent to purchase more.

Q: Should I purchase Med Pay coverage?

A: Med Pay usually provides you and your occupants up to $5,000 in coverage for accident related medical bills, regardless of fault. If you have health insurance and can afford the co-pays, you may not need Med Pay insurance.

Q: Why is motorcycle insurance so cheap?

A: Motorcycle insurance covers liability only, meaning the damage you inflict on others with your motorcycle. The biggest risk of riding a motorcycle is not so much the risk you impose on others but the risks imposed by others on you. If you motorcycle it is important that you have good health and disability insurance since you cannot control how much insurance is carried by those around you.