Después de sufrir un accidente, sabemos que lo último que desea hacer es informarlo a la aseguranza por temor a que aumenten sus tarifas. Quizás esté pensando en el estrés financiero que le espera en el futuro cercano, pero gracias al estatuto de Colorado C.R.S. §10-4-628 las tarifas de su seguro NO PUEDEN aumentar si usted no tiene la culpa.
CRS §10-4-628 estados:
(1) Ningún asegurador cancelará; no renovar; negarse a escribir; reclasificar a un asegurado bajo; reducir la cobertura, a menos que la reducción sea parte de una reducción general en la cobertura presentada ante el comisionado; o aumentar la prima, a menos que el aumento sea parte de un aumento general en las primas presentado ante el comisionado, cualquier póliza que cumpla el solicitante, asegurado, usuario permisivo o cualquier residente del hogar del solicitante o asegurado tiene:
(a) Ha tenido un accidente o accidentes que no son culpa del solicitante asegurado, miembro del hogar o usuario permisivo nombrado.
Supongamos que tuvo un accidente que no fue su culpa y que luego le dejó con más de $100,000 en billes médicos y la parte que lo golpeó tenía límites de lesiones corporales de solo $25,000. Sabemos que $25,000 no son suficientes para pagar sus billes médicos ni para tratar de compensarlo por su trauma, salarios perdidos, facturas, etc. Ahí es donde entrará en acción su cobertura UIM. La protección contra conductores con seguro insuficiente se aplicará si la otra parte no tiene cobertura suficiente para sus pérdidas, por lo que su seguro intervendrá y proporcionará límites adicionales.
¿Qué pasa si la parte que te golpeó no tiene cobertura de seguro? ¿Cómo pagará sus billes médicos? Ahí es donde interviene la cobertura UM. La protección contra conductores sin seguro ofrece cobertura si el conductor culpable no tiene la cobertura de seguro requerida. De esta manera todavía estás protegido.
En Colorado, por ley se requiere tener cobertura UIM/UM en su póliza con límites mínimos de $25,000 por persona, $50,000 por accidente. Sin embargo, si uno decide no participar en esto, puede hacerlo rechazando la cobertura por escrito. Esto es algo que NO recomendamos enfáticamente, ya que es mejor prevenir que lamentar y pagar más para tener una capa adicional de protección por si acaso. Tener cobertura adicional puede parecer una sin chiste ya que uno siempre piensa que estas cosas nunca les pueden pasar a uno, pero agradecerás tenerla si alguna vez te encuentras en la desafortunada situación en la que se tenia que ulitizar los límites de UIM/UM.
After being in an accident, we know the last thing you want to do is report it to the insurance company fearing they will raise your rates. You may be thinking how much of a financial stress is ahead of you in the near future, but thanks to Colorado statute C.R.S. §10-4-628, your insurance rates CANNOT increase if you are not at fault.
C.R.S. 10-4-628 states:
(1) No insurer shall cancel; fail to renew; refuse to write; reclassify an insured under; reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner; or increase the premium for, unless the increase is part of a general increase in premiums filed with the commissioner, any complying policy because the applicant, insured, permissive user, or any resident of the household of the applicant or insured has:
(a) Had an accident or accidents that are not the fault of such named applicant, insured, household member, or permissive user.
Suppose you were in an accident that was not your fault which then left you with over $100,000 in medical bills, and the party that hit you had bodily injury limits of only $25,000. We know that $25,000 is not enough to pay off your medical bills, nor is it enough to try and compensate you for your trauma, lost wages, bills, etc. That is where your UIM coverage will kick in. Underinsured motorist protection is triggered if the other party does not have sufficient coverage for your losses. Then your insurance will step in and provide the additional coverage.
What if the party that hit you does not have insurance coverage? How will you pay for your medical bills? That is where UM coverage steps in. Uninsured motorist protection offers coverage if the at fault driver does not have the required insurance coverage. This way you are still protected.
In Colorado, by law it is required to have UIM/UM coverage on your auto insurance policy with minimum limits of $25,000 per person, $50,000 per accident. However, if one chooses to opt out of this, they may do so by rejecting the coverage in writing. This is something we strongly DO NOT recommend, as it is better to be safe than sorry and pay more to have the extra layer of protection you need just in case. Having the extra coverage can seem silly as we always think these things can never happen to us, but you will be thankful for having it if you ever find yourself in the unfortunate situation where UIM/UM is necessary.
In honor of National Tire Safety Week, take a moment to ensure your tires are good to go! Summer travel in extreme temperatures can affect tire safety and wear. Taking care of tires is important for several reasons. First, well-maintained tires are essential for safe driving, as they provide traction and control. Proper tire care also improves fuel efficiency and ensures a smoother ride. Lastly, regular tire maintenance can extend the lifespan of your tires, saving you money in the long run.
When traveling on the road during the summer, it’s essential to ensure safe travels by taking care of various aspects, including tire safety. Here are some tips to have safe travels on the road in the summer:
1. Check Tire Safety: Before hitting the road, make sure to check your tires. Extreme temperatures during summer can affect tire safety and wear. Check tire pressure, tread wear, and overall condition regularly.
2. Proper Maintenance: Properly maintain your tires by checking tire pressure monthly, checking your alignment, rotating your tires, and inspecting your tire tread. This will help ensure your tires are in good condition for safe travels.
3. Stay Informed: Stay informed about tire safety tips and best practices. For valuable information, visit websites like NHTSA.gov/TireWise.
4. Be Prepared: Pack an emergency roadside kit with essential items such as a spare tire, jack, lug wrench, and a tire pressure gauge.
By following these tips and staying proactive about tire safety, you can contribute to safe travel during the summer.
The short answer is YES. From fender benders to major vehicle accidents, obtaining a police report is crucial to not only establish the details of the accident, but to determine liability as well. Depending on the nature of the accident, an officer may give you the option to submit your own report online or allow them to make a report themselves. The best choice is to let the officers do the report while on scene so no vital information gets missed. And if some reason you are required to submit your own report (ex: no officer on scene), we recommend you do it ASAP so details about the accident are not forgotten that could potentially affect your case. In Colorado, the law states you have 60 days from the date of the accident to file your report. Even though Colorado law does not require police reports for minor collisions that are less than $1,000 in property damage and do not result in the other party being injured or deceased, it can benefit you in the long run to report it to the proper agency as it contains details that will help insurance companies while working this claim.
But what type of information is on the police report that makes it so important? It contains where the accident happened, what time, who was involved, who were the witnesses, photographs of the scene, officer observations, a diagram of what happened and how fast the parties were driving. Besides that, the report will also show if and who received a citation, which will make it much easier for insurance companies to determine liability.
We understand how scary it can be to be involved in a car accident and we know the first thing you want to do is go home and try to put it past you, however we strongly encourage you to take the extra time needed to allow police officers evaluate the scene and make a police report that could make a difference in your insurance claim.
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About Queener Law
With a legacy of over 30 years, Queener Law has been a steadfast supporter of accident victims and consumer rights. Operating from offices in Tennessee and Kentucky, Queener Law has established itself as one of the most successful personal injury and consumer advocacy law firms in the southeast. With a national presence in Denver, Colorado, Queener Law specializes in various practices, from product liability and personal injury to aviation accidents. Our track record of success has led to millions recovered for clients and a team of attorneys and paralegals known for their innovation and experience. Visit Queener Law to discover more about our services.
Delaying medical treatment after a car wreck could jeopardize your health and car insurance claim. Seeking prompt medical care is crucial for several reasons:
Any apparent injuries could get worse
You may have suffered “delayed” injuries that are not apparent immediately after a car accident
If you have suffered delayed injuries, further delaying treatment could exacerbate your symptoms and lead to a slower and longer recovery period, long-term disability, or death
Seeking immediate medical attention demonstrates that you were concerned that you may have been injured at the time of the accident
You will create a record of your medical evaluations, diagnosis, and treatment, which may be necessary for your financial recovery
How Can Delaying Going to the Hospital Hurt My Claim, And Will I Lose My Right To File a Car-Wreck Claim?
No. Even if you waited several days after an accident to go to the hospital, you may still file a claim for damages. Most states (like Kentucky) provide a 2-year window after an accident to file a personal injury claim. However, Tennessee provides a shorter statute of limitations period of only 1 year.
However, do not think that because you have 2 years to assert your claim, it is okay for you to delay seeking medical attention. You should begin recording evidence of your injuries right away. Therefore, it is critical for your physical health and ability to succeed in your personal injury claim to obtain medical attention as soon as possible. Delaying going to the hospital does not prohibit your claim, but it makes it more difficult to prove that you were injured in the accident.
To succeed in a claim for damages, you must be able to show that any injuries for which you are seeking compensation actually occurred during the accident. The longer you wait to obtain medical confirmation that you have suffered an injury, the more likely the negligent party will claim that you did not sustain your injuries in the accident but rather by engaging in some other activity after the accident.
