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.
To car insurance companies, it makes more business sense to pay out a minimal settlement amount rather than work with you to resolve your claim. Insurance adjusters may try to coax car wreck victims into settling their claims quickly with low-ball offers or quick checks. Having your claim open costs the insurance company time and money. Bottom line: Don’t fall for a quick check from your insurance company. It may cost you later.
Unfortunately, what most car wreck victims don’t understand is this:
When car wreck victims sign a quick check, they have entered a binding contract representing themselves. They have settled both their bodily injury and property damage claim for one lump sum.
Often, car wreck victims will start seeing unresolved issues, like unpaid medical bills. They may begin to receive collection notices for past medical bills for which they are responsible. Their health insurance company may refuse to pay due to injuries sustained in a car wreck. Their medical treatment may be more intensive than initially thought.
When car wreck victims represent themselves, they may find themselves in a trap they didn’t know existed with car insurance companies. Even a minor accident with minor injuries can result in a financial downfall when uninformed decisions are made. Hiring a personal injury lawyer like Henry Queener will ensure that car wreck victims get the best outcome. Let our highly experienced legal team work for you while you focus on recovering.
Contact Queener Law today for a free consultation.
Over the years, Queener Law has been trusted to work with brain injury survivors across the country. The Queener Law family has our own personal experience with brain injuries, and we have felt our own great losses and fought through our own great survivals. We understand what it means to have your life forever changed in an instant by a head injury. We also know what it means to feel like no one understands. For brain injury survivors who are suffering because of the negligence caused by someone else there are two major phases of understanding beyond the hurdle that all head trauma survivors face – relearning your life with your family and friends. For victims of negligence, you also have to compete with the medical treatment phase and the litigation phase.
Phase 1: Medical Treatment Phase
You know your body better than anyone. Even doctors. Doctors may have a list of letters after their names, and they may be at the top of their fields. But unless they are specifically trained and experienced in working with brain trauma, no matter how hard they try, they just won’t get it. They can run every test in the world, prescribe every anti-anxiety or anti-depressant medication, send you to therapist after therapist, or tell you to get more rest. And all of those things may take the edge off. But does that make you feel like you again? You need a specialist. You need someone who will listen. And someone who will understand. You need help finding the right medical team that can hear what you describe and allow it to set off light bulbs in their minds from their experience. You need the team that is equipped with the latest technologies, therapies, and treatments for the specific trauma you have – a team who will treat the injury, not the symptoms.
Specialists in traumatic brain injuries should also know that you are not the only person they should hear from. Sometimes you don’t even know how to articulate what’s going on or how you have changed since your injury. True brain injury specialists know that they must also reach out to your family, your friends, your coworkers, even your favorite coffee barista or mail carrier to get a full and complete picture of the uniqueness of your life. Only then can they craft the proper treatment plan for you.
Phase Two: Litigation
The second, and often most trying phase, negligence victims face is the litigation phase. Think about how difficult it is to get through to your family, friends, and physicians about your injuries. Now try to express how you feel to a suit hired by the person who is trying not to be held accountable. Or to a box full of strangers you are asking to award you money for all you have gone through and the fight you have ahead of you. It cannot be understated the importance of having a team behind you who has learned through experience how to articulate to the opposition the concrete changes you have experienced, to paint a clear picture of what your life used to look like and hang it next to one of what it looks like now.
Queener Law has decades of experience working with families as they navigate this phase. We have helped them find the right medical teams and helped them learn how to express themselves to their community in a way that sets them up for the compensation they require to face their future. We have also faced these same phases in our own lives. There is no part of this process that we have not experienced on a personal level ourselves. What makes us uniquely capable of working with brain injury survivors is that we live amongst them every day. Some of us grew up with them, some of us are growing and learning with them now. We will not ask you do to anything alone, and we will not recommend to you anything we have not experienced ourselves. You are a negligence victim and a brain injury survivor. Let us help you become a survivor of both.
You are an important member of our community, vital to our survival. And because of this, you have to expose yourself to COVID-19 by working outside of your home every single day. How can you protect yourself from this dangerous illness? Here are some references and important contacts for ensuring you safely navigate coronavirus and your workplace.
1. Is your business really “essential”?
Many workplaces are pleading with the authorities to be identified as “essential” in order to keep their doors open during this unstable time. However, not all of those businesses are truly essential. Also, non-essential businesses have been defying state and local closure orders, putting those around them at risk. If you see a non-essential business still in operation, call the local authorities. In many towns, the authorities are asking you to call 311 immediately to report any business not following proper closure protocols.
2. Is your workplace safe?
Do you feel safe in your workplace? Do you feel that your employer is taking the necessary steps to protect you and your coworkers from transmission of the virus? We have received many inquiries about the standards for workplace safety with regards to COVID-19. Coronavirus and your workplace come head to head when you are employed by an essential business. The first place to go with questions about workplace standards related to COVID-19 is here at the OSHA standards site. Check this site the second you have concerns. Make sure your workplace is taking the necessary steps to keep you safe and to prevent you from bringing the virus home to your loved ones.
3. Is your workplace ignoring the standards?
Even when armed with all of the necessary information, you may still be trapped in a situation where you must go to work but still feel unsafe. You are not alone. In Colorado, the Attorney General’s Office has asked that you contact them immediately to report violations, whether in your own workplace or in a business nearby. You can email them today at covid19@coag.gov. In Tennessee and Kentucky, or other surrounding states, the authorities have asked that you report violations to your local public health agencies. For Tennessee violations, click here for assistance. Kentucky residents can click here.
4. Contact an Attorney.
If after all of the above has failed and you have sustained an illness or injury that was preventable, you may be in need of advice from an attorney for how to proceed. Our office is here to help. We can consult with you and find the right team to assist you in your recovery. Please remember that you are not alone. We are open, answering our phones, monitoring our emails and social media inboxes, and doing everything we can to be here for your needs.
It is understandable that people’s thoughts are elsewhere in times like these. But when our minds are not on the roads or on the safety of ourselves and others, we heighten the dangers around us. While we’ve been asked to stay at home, we are not all so lucky to be able to hunker down. Here are some tips on how to deal with crashes, falls, and other injuries and coronavirus.
1. Keep Your Distance
“Social distancing” is a phrase we’ve heard enough times lately that we are hearing it in our sleep. But that truly is the best way to stem the tide. When you are in a wreck or if you suffer a fall, you should still remind yourself and others to stay at a safe distance. Unless you are in need of immediate medical assistance, make sure to ask witnesses and helpful bystanders to call the proper authorities to assist. If you are in a crash, you will need identifying information for the person that caused the collision. Please be sure to do so at a safe distance.
2. Get Help Immediately
As is always the case when you suffer an injury, immediate medical evaluation and care is essential. This does not change in the times of COVID-19. Hospitals and doctor’s offices are over crowded. Also, these places are full of people being tested for the exact virus we are hoping to avoid. You do not want to add illness to injury. However, many medical providers are assisting injured parties remotely. Consult a physician about your injuries from the comfort of your home. However, as always, if you are severely injured, get yourself to emergency care right away!
3. Take Photos
If you are physically able, or if a friend or loved one can assist, take pictures of anything and everything pertinent to your injury. Because the authorities are focused on coronavirus and keeping our communities safe, they may not be available to respond to the scene of a crash, fall, or other injury. It is vital to your financial recovery that you document the details on your own or with the help of loved ones.
4. Call Us Immediately
After you have cared for your injuries and the injuries others, call us. We can take the reigns and handle the investigation and insurance companies for you so that you can focus on what’s important. We remain fully functional and fully staffed during this crisis because you are important to us. We will stay at the watch to help with your needs. We are here to help you navigate the brave new world of injuries and coronavirus. Hopefully this is a short phase of our lives. But while it’s here, so are we.
