Step 1: Seek Medical Attention
Your health is the top priority. Visit an emergency room or your doctor immediately after any accident. Medical records serve as critical evidence linking your injuries to the accident. Gaps in treatment can be used against you by insurance companies.
Step 2: Document Everything
Preserve all evidence: photographs of the accident scene, your injuries, property damage, witness contact information, and the police report number. Keep a daily journal of your pain levels, limitations, and emotional impact. Save all medical bills and records.
Step 3: Report the Accident
Notify your own insurance company of the accident. For auto accidents, a police report is important. For premises liability, report the incident to the property owner or manager in writing. Do NOT give a recorded statement to the other party's insurance company without legal advice.
Step 4: File the Insurance Claim
Submit a claim to the at-fault party's insurance company. Include a demand letter outlining the accident, your injuries, medical treatment, lost wages, and pain and suffering. Under Colorado law, insurance companies must acknowledge claims within 15 days and provide a decision within 60 days.
Step 5: Negotiate or File a Lawsuit
If the insurance company offers an inadequate settlement, you may need to file a lawsuit. Colorado's statute of limitations is 3 years for general PI and 2 years for auto accidents. Filing a lawsuit does not mean going to trial — over 95% of cases settle before trial.