To file a motorcycle accident claim in Denver, begin by notifying your insurance provider, even if you were not at fault. Most policies call for prompt reporting, and your insurer may assist with the claims process. If you were injured in a crash caused by someone else’s negligence, or there are disputes about liability, consider hiring a Denver motorcycle accident lawyer to help you pursue a claim or file a lawsuit.
When At-Fault Parties May Be Liable For Your Damages and The Extent of Their Liability
Colorado is an at-fault state. This means that you may be able to claim damages from at-fault parties. It implements a modified comparative negligence rule under Colo. Rev. Stat. § 13-21-111. This rule means that you can recover damages from other parties as long as your own share of fault is less than 50%.
If you are 50% or more to blame for your accident, you cannot recover compensation from the at-fault parties. However, if you are 49% or less to blame, you can recover damages, but your recovery is limited by your share of fault. For example, if you were 30% to blame for your accident, you can recover 70% of your damages from the people who caused it.
When it May Be Advisable to File a Motorcycle Accident Claim Through an Attorney
If your accident only involves property damage and fault is not disputed, you and your insurance company will likely be able to handle a claim against someone who caused your accident. However, if you were injured, your damages are more complex. Your insurer may assist with the claims process, although its evaluation may not fully reflect the value of your claim.
A Denver motorcycle accident lawyer may represent you by gathering evidence, supporting your claim, and seeking to maximize your compensation. If necessary, they may file a lawsuit on your behalf.
How to Initiate a Claim Through Your Insurance Company
Most insurance companies require policyholders to report accidents as soon as possible, even when they were not at fault. You can call their hotline, email them, or report the accident through their app, if available. Basic facts to report include the date, time, and location of your accident.
In general, you need not provide a recorded statement immediately and may choose to do so after consulting an attorney. Once you have reported the accident, you should receive a claim number. Save it for future reference.
How Long You Have to File a Motorcycle Accident Claim in Denver, Colorado
Motorcycle accident cases often involve severe injuries, and insurance companies may be reluctant to offer a fair settlement on an insurance claim. If this occurs, it may be necessary to file a lawsuit, but there is a statute of limitations or time limit. Under Colo. Rev. Stat. § 13-80-101, you have three years to file a lawsuit. If you miss the deadline, you can no longer do so.
Motorcycle accident cases can be complex, presenting unique challenges. Additionally, your insurance company likely requires prompt reporting. It is therefore wise to initiate a claim as soon as possible, especially if you were injured.