Question 1

What should I do right after a car accident?

Accepted Answer

Right after a car accident, prioritize safety and follow these steps. Check for injuries and call 911. Make sure you and others are safe. Call for medical help if anyone is hurt, and inform the police of the accident. Move to a safe area. If possible, move your vehicle out of traffic and turn on hazard lights. This helps prevent further accidents. Exchange information. Collect the other driver’s name, contact info, driver’s license number, license plate, and insurance details. Also get contact information from any witnesses. Document the scene. Take photos of vehicle damage, the accident location, skid marks, and any relevant road signs or signals. These can serve as important evidence later. Avoid admissions and keep records. Be polite but don’t apologize or admit fault at the scene. Only discuss facts with the police. Note the officer’s name and get a copy of the police report if possible. Notify your insurance company. Report the accident to your insurer as soon as you can. Provide the basic facts of what happened, but don’t give a detailed statement until you’re calm and sure of the facts. Seek medical attention. Even if you feel okay, get a medical checkup as soon as possible. Some injuries (like whiplash or internal injuries) may not show symptoms right away. Medical records will also document your injuries in case you file a claim.

Question 2

How do I know if I have a car accident or vehicle accident case?

Accepted Answer

You may have a car accident injury claim if certain conditions are met. Generally, consider the following: You suffered injuries or losses: To file a personal injury claim, you must have actual damages – for example, physical injuries that required medical treatment, lost wages from missing work, or pain and suffering. Minor fender-benders without injuries usually don’t qualify for legal claims. Another party was at fault. There must be evidence that another driver (or other party) was negligent and caused the accident. Negligence could be things like speeding, running a red light, or distracted driving. If someone else’s careless or reckless actions led to your injuries, that’s a key element of a claim. Causation is clear: It should be demonstrable that your injuries were caused by the accident. This is usually shown through medical records and the timing of symptoms after the crash. Ability to recover compensation: Typically, the at-fault party needs to have insurance coverage or assets that can pay for your damages. Most claims are paid by insurance companies. If the responsible driver has no insurance or very low coverage, it can affect the value or practicality of your claim (though you may have other options like uninsured motorist coverage; more on that below). If you’re unsure whether you have a case, contact Levine Law for a free review. We can evaluate the specifics (police reports, medical records, and witness statements) and advise whether pursuing a claim makes sense.

Question 3

What types of compensation can I recover after a car accident?

Accepted Answer

If you file a car accident claim, you can seek compensation (known as “damages”) for several types of losses. One is medical expenses. This includes hospital bills, ambulance fees, surgeries, medication, physical therapy, and any future medical treatment you may need for your injuries. Don’t forget costs like rehabilitation equipment or home modifications if your injuries require them. Lost wages and earning capacity. If your injuries force you to miss work, you can claim the income you lost. If the accident leaves you unable to return to your job or limits your ability to earn as much as before (reduced earning capacity), those losses can be compensated as well. Pain and suffering. These are non-economic damages for the physical pain and emotional distress you’ve endured due to the accident. It can also cover things like trauma, anxiety, or loss of enjoyment of life following the crash. While harder to quantify, they are a significant part of many injury claims. Property damage. You are typically entitled to repairs for your car or the cash value of the vehicle if it was totaled. You can also claim the cost of a rental car or other out-of-pocket expenses related to the damage. Other losses. In some cases, you might recover compensation for scarring or disfigurement, permanent disability, or loss of consortium (if the injuries negatively affect your relationship with your spouse). In rare situations where the at-fault driver’s behavior was especially reckless or intentional (e.g. drunk driving), punitive damages might be awarded to punish that behavior. Every case is unique, and the exact compensation will depend on the specifics of your accident and injuries. An attorney can help calculate the full value of your claim so you pursue everything you’re entitled to.

Question 4

How long do I have to file a car accident claim?

Accepted Answer

In Colorado, the deadline to sue depends on the type of claim. For motor vehicle accidents (including most car and truck crashes), you generally have three years from the date of the accident to file a lawsuit. For many other personal injury claims—such as slip-and-fall or non-auto negligence—the deadline is often two years. Missing the statute of limitations usually means losing your right to recover compensation, though limited exceptions can apply (for example, certain claims against government entities may require much earlier notice). Deadlines can be confusing, so speak with an attorney as soon as possible after an injury. Levine Law can review your situation and help protect your filing deadlines.

Question 5

How long does it take to resolve a car accident lawsuit?

Accepted Answer

Timelines vary widely. Straightforward cases with clear liability and moderate injuries sometimes settle in months; disputed fault, severe injuries, or slow recovery can extend the process. It is often wise to wait until you reach maximum medical improvement (or have a clear prognosis) before settling, so future costs are known. Negotiations with insurers can take weeks or months. If a lawsuit is filed, discovery and court schedules can add a year or more—though many cases still settle before trial. Most car accident claims resolve without a trial, but patience matters. Levine Law can give you a realistic outlook based on your situation and work toward full, fair compensation as efficiently as possible.

Question 6

Can I still get compensation if I was partially at fault for the car accident?

Accepted Answer

In many cases, yes. Colorado follows modified comparative negligence (C.R.S. § 13-21-111). Fault is assigned in percentages, and your damages are reduced by your share of fault—for example, if you are 20% at fault, your recovery may be reduced by 20%. If your negligence is 50% or more compared with the party you sue, you generally cannot recover damages from that party. Rules can vary when multiple parties share fault, so don’t assume you have no case without reviewing the facts. Levine Law can explain how Colorado law applies to your accident and help protect your right to fair compensation.

Question 7

What if I’m hit by an uninsured or underinsured driver?

Accepted Answer

Getting into a car accident with an uninsured or underinsured driver complicates things, but you still have options. If you carry Uninsured/Underinsured Motorist (UM/UIM) coverage, you can file a claim with your own insurer for medical bills, lost wages, and other damages up to your policy limits. You may also explore suing the at-fault driver directly, though collecting can be hard if they have few assets. Other parties—such as a vehicle manufacturer or, in some cases, a government entity—might share liability. You may use health insurance or MedPay while the claim is pending. Facing an uninsured driver is frustrating, but you are not necessarily stuck with all the costs. Levine Law can help you navigate UM/UIM claims, negotiate with insurers, and decide whether to pursue the at-fault party. Carrying strong UM/UIM coverage is one of the best ways to protect yourself on Colorado roads.

Question 8

Do I need a lawyer for my car accident claim?

Accepted Answer

You are not required to have a lawyer, but for anything beyond a very minor claim, working with experienced counsel is often the right call. Levine Law’s car accident team knows Colorado injury law and the insurance process: we determine liability, gather evidence (police reports, medical records, witnesses, camera footage), and build your case. Insurers want to pay as little as possible; we negotiate on your behalf. We also account for the full value of your damages—including future costs you might not think of—and handle paperwork and deadlines so nothing is missed. Most personal injury cases, including ours, are handled on a contingency fee: you pay no attorney fees unless we recover compensation for you. If your injuries are significant, fault is disputed, or you are unsure of your rights, contact Levine Law to discuss your options.

Question 9

Will I have to go to court for my car accident claim?

Accepted Answer

Probably not. Most car accident claims settle through negotiation with the insurer; the majority of personal injury cases never go to trial. If the insurer denies the claim or will not offer a fair amount, you and your attorney may file a lawsuit—but settlement is still possible at any point, including during discovery or before trial. If a case does go all the way to trial, you may need to appear, but that is uncommon. Filing a claim or suit does not mean you will end up in a courtroom—both sides usually prefer to avoid trial. A strong case and experienced representation improve your chance of a fair resolution. The attorneys at Levine Law prepare every matter for the best possible outcome, including trial if that is what it takes to protect your rights.

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