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Who pays the medical bills and loss of wages if a person is injured in an automobile accident?
The answer to that question depends on whether there is no-fault coverage applicable to the accident. For all accidents that occurred prior to July 1, 2003, no fault auto insurance will pay medical bills without regard to fault. For accidents that occur after July 1, 2003 there may be such coverage depending on when the applicable policy or policies renewed. On, or post July 1, 2003, accidents there may be med pay coverage if it was purchased with a policy that covers you. Med pay coverage will pay medical bills but does not provide reimbursement for loss of wages. Or, if you have health insurance, it may pay medical bills. Where there is no such no-fault coverage, or med pay coverage Colorado is now a “tort” state, which means that all such losses will have to be recovered from the “at-fault” parties’ insurance company.
What is the Colorado statute of limitations on auto claims?
Automobile accident claims must be brought within three years of the date of the accident for adults and three (3) years from the date a minor reaches eighteen (18) years of age for minors, i.e., someone less than 18 at the time of the accident. However shorter statute of limitations periods could apply to requirements to give notice, sometimes as short as 180 days.
How do I know who is the ‘At Fault’ party?
In order to prove someone is at fault you must prove they were negligent. When someone fails to act in a reasonable manner they are “negligent”. Failing to stop at a stoplight or stop sign or driving over the speed limit or driving while intoxicated are examples of negligent behavior. Whether a traffic ticket is issued is not admissible as evidence in Colorado. Fault must be proven in other ways.
What happens if a person is involved in an automobile accident with an uninsured vehicle or underinsured vehicle?
Although Colorado law makes it a crime to drive a car that is uninsured some estimates are that up to 30% of the vehicles on Colorado highways are uninsured. If you are involved in an accident with a vehicle that is uninsured you can still make a claim against uninsured motorist coverage that covers you. That uninsured motorist coverage can be available through your own automobile insurance or that of a blood relative or spouse with whom you reside at the date of the accident or as a result of coverage on a car in which you were riding as a passenger. These claims have complex, legal issues.
What is a “Dram Shop” claim?
This is a claim brought against the seller of liquor or an adult who provides liquor to a minor when the person consumes the alcohol and subsequently causes injuries to another. In Colorado it is illegal to sell alcohol to a person who is obviously intoxicated or to a minor. In the event of such an illegal sale the seller can be held liable for injuries caused by the intoxicated person.
Source: ezinearticles.com
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