You’ve likely heard of at-fault and no-fault accidents, though you might be wondering what these terms mean. Put simply, different types of insurance systems vary between states.
Some states follow an at-fault model, while others follow no-fault systems. The distinction between them affects how car accident victims can proceed in the aftermath.
Ganderton Law LLC, is a personal injury law firm in Colorado dedicated to advocating for the rights of victims after car crashes. In this blog post, we explain the differences between no-fault and fault in Colorado car accidents, Colorado car accident fault laws, and how to approach insurance claims for Colorado car accidents.
Understanding Fault vs No-Fault Systems in the U.S.
The majority of states use a fault model, while about a dozen others use no-fault systems. Here are the differences between these models.
No-Fault Insurance
States with no-fault insurance laws require drivers to have the minimum amount of coverage in place. Under this system, every driver’s own insurance coverage takes care of them in the event of a car accident, regardless of who caused the crash.
If you were in a car accident in a no-fault state, you would file an insurance claim with your insurer. Similarly, the other party would do the same with their insurer. No-fault claims are often settled more quickly because they provide compensation no matter who is at fault. However, the payouts can be minimal, and their purpose is to limit litigation.
In no-fault states, injured drivers are only permitted to file a lawsuit if they have suffered severe injuries or incurred substantial medical expenses caused by the other driver.
At-Fault Insurance
Colorado is an at-fault state, and under this insurance system, you have the legal right to file a lawsuit against the driver who caused your accident and your injuries. You will still need to notify your insurer that you have been in an accident as per your policy, but you will file your claim with the at-fault driver’s insurance company.
The other driver’s insurer will investigate the claim, and if this investigation determines that their policyholder caused the accident, they will be responsible for paying your damages. The downside of at-fault insurance is that insurers will typically offer a lowball settlement that may not be sufficient enough to cover all of the expenses you’ve incurred from this negligent driver. When that happens, you will need to file a lawsuit to recover the total amount that you deserve.
What to Know About No-Fault vs Fault in Colorado Car Accidents
Since Colorado is an at-fault state, you must first have proper insurance coverage. The minimum amount for liability insurance to cover bodily injury is $25,000 per person and $50,000 per accident. You are also required to have property damage insurance at a minimum of $15,000 per accident.
The only time you should be using your policy is if you are at fault or if you have added coverage for uninsured or underinsured motorists on your policy. The latter coverage is optional and meant to help in the event that you are in a car accident with a driver who does not have car insurance.
However, there are car accident fault laws in the state that can also make it challenging to get the compensation you are owed from the other driver. Insurers often point to it when they investigate car accident claims as a way to minimize how much they will pay for an accident or to avoid paying a settlement altogether.
How Colorado Car Accident Fault Laws Can Affect Your Car Accident Case
Another way that states across the country differ in car accident laws is that they vary on rules of comparative negligence. This is the basis for determining fault after a car crash. Some states use a pure comparative negligence model, which allows victims to collect compensation even if they are up to 99% at fault for their injuries.
Other states, though far fewer, use the contributory negligence model. Under this model, if a driver is even 1% at fault for their own injuries, they are barred from collecting compensation.
Colorado follows a modified comparative negligence law, which states that a driver can collect compensation for their injuries in a car accident as long as they are less than 50% at fault. With this law in place, along with the at-fault insurance system, you are assigned a percentage of fault, which would either reduce or deny your compensation award.
For example, you may have been driving through the green light at an intersection when a drunk driver crashed into your vehicle. After an investigation, it is clear it is ultimately the other driver’s fault, and you are awarded $100,000 in damages. However, if you were going just above the speed limit at the time, you might be assigned a 10% fault in the crash.
The theory is that if you were going the speed limit, perhaps you wouldn’t have gotten into an accident. If they assign 10% fault to you in the accident, that $100,000 award would be reduced by 10%, meaning you’d only receive $90,000.
Establishing Fault in Insurance Claims for Colorado Car Accidents
As mentioned previously, insurance companies will find ways to minimize payouts as this protects their profits. If you did nothing to cause this accident, you must prove it by establishing the fault of the other driver.
Here is a look at the integral pieces of evidence that may help you avoid being fully or partially blamed for your Colorado car accident:
Police Reports
In Colorado, you are required to notify the police of an accident when there are over $1,000 in damages, injuries, or fatalities. Even if you’re not sure, it’s always best to have law enforcement come to the scene. They will document the crash and potentially issue citations for violations of traffic laws. You’ll have a report that details the responding officer’s findings that can help establish the fault of the other driver.
Photos and Videos
Photos and videos can also help reveal what happened in the accident. You’ll want to make sure the images you take show the positioning of the vehicles, damage, surrounding areas, and weather conditions.
Witnesses
Eyewitnesses can also be instrumental in helping prove you were not at fault. Gather contact information from anyone who saw your accident occur and see if you can get a recorded statement.
Accident Reconstruction and Surveillance Footage
When making insurance claims for Colorado car accidents, having the evidence you need to satisfy Colorado car accident fault laws can prevent you from being blamed when you did nothing wrong. Accident reconstructionists and other experts hired by your attorney can help, as can any traffic camera or surveillance footage.
Steps to Take After a Colorado Car Wreck
If you are in a car accident, your safety, as well as the safety of any passengers in your vehicle, is absolutely paramount. The first thing you should do is make sure everyone is okay and then call the police. Be sure to let them know if you suspect injuries, and they will send emergency medical services to the scene.
Adrenaline can surge in stressful moments, and car accidents are about as stressful as it gets. Make sure that when you call the police, you do not assume you are not hurt. Many injuries do not have obvious signs right away, especially traumatic brain injuries and internal organ damage. It could be a fatal mistake to ignore medical care, and for these reasons, you should always have a medical examination conducted.
Some car accident victims are severely injured on the scene and must be transported to the hospital. If this has happened to you, you may have awoken in a hospital room with a foggy recollection of the events. This would have prevented you from taking photos and videos or having a chance to speak with witnesses.
Whether you were rushed to the hospital or not, it is always in your best interests to speak with a personal injury lawyer in Colorado Springs after your car accident. Due to the fault laws in the state and modified comparative negligence, you may be blamed, either with complete fault for the crash or with partial fault.
The insurance company for the other driver will be hoping you do not seek legal representation, as it will be easier to manipulate you into taking a low settlement. They may try to tell you that due to your portion of fault in this incident, this is the most you can get for compensation.
Protect your legal rights and make sure that you get full and fair compensation for the injuries a negligent driver caused you. Schedule a free initial consultation with Ganderton Law LLC, to learn more about your legal options in a Colorado car accident.
