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How Compensation Works For Rear-End Accidents In Colorado

A car flips over after being hit hard from behind.

Colorado Springs rear-end accident lawyer explains how system works

Rear-end accidents are one of the most common types of car accidents. Each year, an estimated 1.7 million rear-end crashes happen on average nationwide, according to car accident data collected by the National Highway Traffic Safety Administration (NHTSA). That adds up to roughly 28 percent of all car accidents.

But even though such accidents are so common – or perhaps because they are common – there’s a lot of misunderstanding about them. Insurance companies in particular often dismiss rear-end crashes as being minor collisions.

If you have been involved in a serious rear-end accident, you know that there’s nothing minor about it. You might be in a lot of pain and suffering, especially if you have a concussion, whiplash or another type of painful injury. So how do you get the compensation you deserve for your accident? Below, you can learn more about how the legal process actually works.

Colorado’s at-fault car insurance system

Like many states, Colorado has what’s known as an at-fault car insurance system. This simply means the at-fault party is responsible for paying for all accident-related expenses for all injury victims.

So if another driver (usually the driver in the rear vehicle) caused your rear-end accident, you should not have to pay for any injury-related expenses. The at-fault party should pay such bills, which often include medical expenses, vehicle repairs and replacement income if you cannot work due to your accident-related injuries. Unfortunately, the compensation process often turns out to be far more complicated than many people expect.

Insurance companies are businesses that are often focused on the bottom line and making as much money as possible. So if their policyholder was at fault in your crash and they’re responsible for paying for your accident-related expenses, insurance companies do everything they can pin the blame on someone other than their client. Or they may downplay the extent of your injuries.  That way, they might not have to pay you the money you rightfully deserve.

Who’s at fault in a rear-end collision?

Usually, the driver who hit the car from behind is at fault. Drivers in back often cause rear-end accidents because they’re negligent or behaving in a reckless manner. Examples include:

  • Texting drivers not paying attention who crash into the car in front.
  • Speeding drivers who tailgate and follow other cars too closely, especially on highways.
  • Tired drivers who fall asleep at the wheel and crash into the back of another car.
  • Drunk drivers unaware of their surroundings and how closely they’re following another car in front of them.

However, someone else could be at fault depending on the circumstances of your rear-end accident. That’s why it’s critical that you have a lawyer on your side, thoroughly investigating your crash.

How much is my rear-end accident worth?

There’s no set dollar amount when it comes to rear-end crashes. Some might be worth thousands of dollars. Others might be worth significantly more. The bottom line is you should be compensated for all your accident-related expenses.

Where this gets complicated is many insurance companies only take into account short-term expenses immediately after an accident. This allows them to "lowball" your compensation and settle your claim for less than it's worth. But if you need money for future medical care, whether it’s surgery, physical therapy for chronic pain, or any other anticipated expenses, you should be financially compensated for those costs as well.

Can I ask for more money?

Yes. If the at-fault driver’s insurance company makes a lowball settlement offer, you do not have to accept their offer. You can and should demand additional compensation. But getting more money can be hard. Insurance companies often claim their lowball offer is their best offer. This is where an experienced attorney can negotiate with them on your behalf and demand the money you deserve.

Can I file a rear-end accident lawsuit?

Yes. If you believe taking legal action is the best way to get the money you deserve for your rear-end accident, you can file a lawsuit seeking damages, the legal term for financial compensation. Keep in mind, though, that this can be a difficult decision. When and where your file your lawsuit, along with who you take legal action against, requires a lot of careful consideration. Here again, an experienced lawyer can help you better understand your legal options when it comes to filing a rear-end accident lawsuit.

How can a Colorado rear-end accident attorney help me?

The stakes are high when it comes to many rear-end crashes. You only have one opportunity to demand all the money you deserve for all your accident-related expenses. This is why you need an experienced attorney who knows how to handle such cases in Colorado.

A Colorado Springs rear-end accident lawyer at The Longo Firm can help you every step of the way. We know the law and understand which strategies can be the most effective in Colorado. Discover what we can do for you. Contact us and schedule a free and confidential case evaluation with our law firm. We handle rear-end accident claims throughout Colorado and Arizona.

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