Car accidents can involve much more than just material damages, and this is something we must all consider every time. Being safe is the most important thing, that is why it’s essential to be well prepared for if ever you are involved in a car accident, and to have an insurance for the injuries of your family and your own. When these situations happen, you need to have someone that will be with you throughout the whole process. Real good personal injury lawyers in Denver, Colorado can be found, they could be specially needed when in the whole state of Colorado, the current motor vehicle accidents laws are those created under the model of “at-fault”.
No-Fault System Turns into At-Fault System
There are two auto insurance coverage policies around the United States, the “no-fault” and the “at-fault”. In Denver, Colorado, the one that applies nowadays is the last one, as said before.
Under the system of “no-fault” its primary purpose is to lower the costs of insurance. Following this system, drivers must ask their own insurance companies the coverage, receiving personal injury protection benefits that will cover the medical expenses and a portion of their lost wages, without the need of establishing which driver was responsible for the accident. Meaning that, this system ensured that the victims could rapidly recover the medical bills from their own insurance company.
Now, the following is an explanation on how the “at-fault” auto insurance works. The drivers and passengers that get injured during a car accident must seek the coverage for their medical expenses from the at-fault driver’s auto insurance company.
The applying of this recent law in Denver, has led people to deal with exhaustive processes with the other party’s insurance company, which is more likely to not pay the entire amount of compensation and to continue the legal process on the quantity to be paid.
Negligence in a Car Accident
Drivers owe to each other a duty of care, meaning that they will drive wisely, respecting the laws and not risking their lives and those of others. When someone doesn’t respect these basic community rules at the wheel, that someone is considered to be negligent. Although this concept is very simple and understandable, it is hard to prove when someone is being negligent, because you need evidence to show one driver was irresponsible, and this is one of the most challenging aspects of any car accident, determining which driver was the responsible, specially when the personal injury protection is under the regiments of the “at-fault” system. In order to establish the fault, what’s needed are proofs to show the negligence of the driver. To expose that a driver did not act with reasonable care, you must prove that another driver wouldn’t have acted the same way.
You must also show injuries, suffered as a consequence the negligence, and prove that they were in fact, a consequence of the driver’s irresponsibility.
Legal advices and resources
This new system requires to have an experienced legal representation, in order to deal with the claims for property damage and medical bills. Because the affected party will have to depend on the payment that the “at-fault” driver’s insurance company, the victim cannot expect to be treated with the same consideration as if they were dealing with their own insurance company. After all, those companies are in business for themselves, and will try to keep low the amount of money to pay down. That’s why, the company that deals with the process, will try to convince the victim to settle for what they offer.
In order to avoid this, it is necessary to have someone as a backup that will fight for the victim’s interests. In dealing with hostile insurance companies, an attorney will be an effective defense against the legal means that will try to limit the liability of the company, while protecting their drivers.
The lawyer will handle and deal with all the communication with the insurance company, letting the victim to stop worrying and breathe. She or he will take care of tracking down the person responsible for talking about the claims of the affected and will determine the possible sources of financial recovery.
Once someone has been in a car accident, that person must be ready with a lawyer to fight for what they claim, and prepare to establish the other driver’s fault. Being also ready for the challenges that may come against the insurance companies that will try to prove its drivers innocence, assigning the fault to the victim.