Automobile Accident Q&A’s

Do the changes in Colorado’s auto insurance laws effect me in how I deal with the insurance company?
Probably. The Colorado No-Fault Act was repealed effective July 1, 2003. All accidents occurring after that date may be affected. Depending on the date of your accident, as well as the type of insurances you had, you may be required to pay back your insurance company for medical expenses. Timing both of your accident and of the settlement, as well as the language in any settlement agreement will definitely effect how much, if any, you as an injured person receive for compensation.

Even if I did not have insurance that would pay for medical care, is there a way for me to still get treatment from doctors for injuries I sustained?
Yes. With the change in laws, doctors are often willing to see patients on a lien basis. In those circumstances, a doctor will see you and treat your condition with an understanding that upon resolution of your claim with the insurance company, the doctor will get paid. It is important before you engage in any sort of lien agreement with any doctor’s office that you consult a legal professional who can properly advise you on your rights in this regard.

If I am hit by a driver who does not have insurance, is there anything I can do?
Yes. Under Colorado law, uninsured motorist coverage is a required coverage for all drivers, UNLESS you signed paperwork with your insurance company stating that you did not want uninsured motorist coverage. Uninsured motorist is a coverage you pay a small premium for that will pay you compensation if you are able to establish that the driver who caused the accident was uninsured. It is very important that you give timely notice to your insurance company if you feel that you are in one of these circumstances.

If my health insurance is paying for my medical treatment, is it true that I have to pay them back from any recovery I get from the negligent driver?
Possibly. This is exactly why it is very important that you receive proper advice from a legal professional. Depending on the type of insurance that covers your medical treatment, the policy of insurance, as well as any collateral agreements that may be made with the insurance company, you may be required to pay all, some or none of your medical expenses back to your insurance company.

Workers’ Compensation Q&A’s

If I get hurt on the job, but it is my own fault, do I still have a right to receive compensation?
Yes. Workers’ Compensation laws in Colorado are based on a no-fault system. If an employer attempts to deprive a worker of benefits or reduces benefits through something called a “Safety Rule,” you should contact an experienced attorney to assist you in this regard.

What benefits am I entitled to under Workers’ Compensation?
Workers’ Compensation laws in Colorado entitle a worker to medical treatment, wage loss, mileage reimbursement and, if your condition is permanent, you may be entitled to permanent injury compensation.