Colorado Trial Practice Blog : Colorado Injury Lawyer & Attorney : Mac Hester : Personal Injury, Auto Accident, Medical Malpractice : Serving Denver, Colorado Springs, Aurora

If you are in a car accident and the car is damaged and/or you are injured (or someone else's car is damaged and/or someone else is injured), then the drivers are required by law to do certain things.

C.R.S. 42-4-1601(1): A driver involved in a car crash in which someone is injured is required to stop, stay at the scene, or return to the scene until the driver fulfills the requirements of C.R.S. 42-4-1603(1).

C.R.S. 42-4-1603(1): A driver involved in a car crash in which someone is injured is required to give name, address, and registration number of the vehicle to the other drivers. And, upon request, a driver is required to exhibit the driver's license to the other drivers. A driver involved in a car wreck in which someone is injured is also required to render aid and/or assistance to the injured person.

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The Defendant has insurance and his or her insurance company is paying for the defense attorney and all litigation expenses.

The Defendant is not going to have to pay the verdict out of his or her own pocket.

The Defendant's insurance company will pay the verdict up to the amount of the Defendant's insurance coverage.

If the verdict exceeds the insurance coverage, then it is possible - but still unlikely - that the Defendant will have to pay some of the verdict out of his or her own pocket. It is unlikely because the insurance company will often pay the entire verdict to avoid being sued by its own insured (Defendant) for failing to settle the case for an amount equal to or less than the insurance coverage. That lawsuit by the insured against his own insurance company is called "Bad Faith Failure to Settle."

If the Plaintiff loses (verdict for the Defendant) then the Plaintiff gets nothing and is responsible for paying his or her own litigation expenses - which, in an average auto collision injury case, will be in the range of $20,000 to $40,000. AND, the Plaintiff will have to pay the litigation expenses of the Defendant - which may also be in the range of $20,000 to $40,000.

Fort Collins Auto Accident Lawyer Mac Hester 

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With the repeal ("sunsetting") of Colorado's No-Fault legislation on July 1, 2003, Colorado reverted to the "tort" system.

Claims arising out of pre July 1, 2003 motor vehicle crashes must proceed under the "no-fault" system, while claims arising out of post July 1, 2003 motor vehicle crashes must proceed under the "tort" system.

Colorado has a three year statute of limitations for personal injury claims arising out of motor vehicle incidents, so most "no-fault" cases were gone by July 1, 2006 (But pre July 1, 2003 claims that were not filed prior to July 1, 2006 are not necessarily SOL; e.g., minor's claims).

Under the prior no-fault system, an injured person had to satisfy one of several "threshold" requirements in order to maintain an action against the negligent party. Under the current tort system, there is no "threshold" to satisfy prior to filing a suit against the negligent party.

Colorado's statutorily mandated minimum auto liability coverage is $25,000.

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