Should You Report Your Accident Right Away?
You have just been involved in a minor car accident. There is damage to both vehicles, but it does not look too bad. In this situation, you may be wondering how long you should wait before reporting the accident, or if it is even worth reporting at all. You may also be wondering how long you have to file a lawsuit or collect damages. Even in minor accidents, it is rare that you would be advised not to report the accident to your insurance company. Remember, even if the damage is not severe, you are still liable for the damages you caused to another person or their property. And even if the accident is not your fault, your insurance company should still be notified promptly.
How Long Should You Wait To Report?
How long you wait depends largely on how injured you are and whether you are physically able to contact your insurance company right away. Most insurance companies have 24-hour claims hotlines and mobile apps that let you report the accident immediately from the scene. As soon as you are physically able, contact your insurance company and read through your policy carefully to understand your coverage and any reporting deadlines your policy imposes. Many policies require prompt notice of an accident, and failing to report in a timely manner can actually affect your coverage.
Right after you contact your insurance company, your next call should be to an experienced attorney. Your attorney will review the details of your case and determine whether you are eligible to file a claim and what it may be worth. Never sign any settlement agreements with the insurance company before speaking to a lawyer first. Initial settlement offers are almost always lower than what you are truly entitled to, and once you sign, you generally cannot go back and ask for more, even if your medical expenses turn out to be higher than expected.
Colorado’s Statute Of Limitations For Car Accidents
In Colorado, accident victims generally have 3 years from the date of a motor vehicle accident to file a personal injury claim, and 3 years to file a property damage claim. This deadline is known as the statute of limitations, and if you miss it, you could be permanently barred from filing a claim regardless of how strong your case might be. Time starts running on the date of the accident, so do not delay in at least consulting with an attorney about your options. An experienced lawyer can help ensure you never miss a critical deadline.
It is also worth noting that certain situations can affect how the statute of limitations applies to your case. For example, if a government entity was involved in the accident, much shorter notice deadlines may apply. If the injured party is a minor, different rules may govern the timeline. These nuances are exactly why speaking with an attorney sooner rather than later is always the right move.
What Steps To Take At The Scene
The actions you take immediately after an accident can significantly affect the strength of your eventual claim. Here is what we recommend doing at the scene when you are physically able:
- Call 911 and request police and medical assistance. A police report is one of the most valuable pieces of documentation you can have and creates an official record of the accident.
- Take photos and video of all vehicles involved, the positions of the cars, road conditions, traffic signals, skid marks, and any visible injuries.
- Exchange contact and insurance information with the other driver. Get the names and contact information of any witnesses as well.
- Do not apologize or admit fault at the scene, even casually. Statements made at the scene can be used against you later.
- Seek medical attention as soon as possible, even if you feel okay. Delayed symptoms are very common after car accidents and getting evaluated right away creates a documented medical baseline that supports your claim.
What If You Do Not Want To File A Lawsuit?
Lawsuits are the exception, not the rule. The vast majority of car accident claims are resolved through settlement negotiations without ever going to court. Your attorney will review your case, investigate the accident, gather evidence, and negotiate directly with the insurance company on your behalf to pursue a fair settlement. If the insurance company fails to adequately cover your damages or disputes liability, your attorney will walk you through all available legal options.
Having an attorney involved does not mean you are headed to a courtroom. What it does mean is that the insurance company knows you are represented by someone who understands the law and will not be pushed around. That alone often results in significantly better settlement offers. You can learn more about what damages you may be entitled to recover and how much to ask for in a settlement on our website.
Contact Our Colorado Springs Auto Accident Attorneys
If you or someone you love has been injured in an accident caused by another person’s negligence, we are on your side. At Rector Stuzynski Law Firm, our Colorado Springs car accident attorneys have the experience and resources to build a strong case designed to obtain maximum compensation for our clients. Call us today at (719) 578-1106 for a free consultation. We are available 24/7 and ready to get to work for you.
