If you have been injured in a motor vehicle accident, including an automobile accident, semi-truck accident, motorcycle accident, bicycle accident, drunk driving accident, and even a pedestrian accident in which a car is involved, you probably have some important questions. Below are some frequently asked questions about these different topics. For more information about each topic, please see the specific subtopic under Practice Areas.

• Who Will Pay Medical Expenses?
• What Claims Do I Have?
• What Can I Recover?
• What if the at-fault driver is uninsured?
• Will my insurance rates go up?
• Do I have to pay back my health insurance?
• Who pays for my wage loss?
• Do I need an investigator?

Who Will Pay Medical Expenses?

In Colorado, the at-fault party is ultimately responsible for paying your medical expenses. However, you only get to make one claim with the at-fault party's insurance company, and therefore you may need help paying medical expenses before you make the claim against the at-fault party. At Bachus & Schanker, LLC, our attorneys act immediately for our clients to determine whether the applicable automobile insurance policy provides "medical payment" benefits. A "medical payment" benefit is an optional form of coverage that will require your own auto insurance company to pay some portion of your medical expenses until the claim with the at-fault driver's insurance company is resolved. If the applicable automobile insurance policy does not contain a "medical payment" option, our lawyers look to health insurance to cover your medical expenses. If there is no health insurance available to help cover your medical expenses, the attorneys at Bachus & Schanker, LLC will work with you to help you get the medical attention you need by working with health care professionals in your area to provide you medical care through an agreed upon "medical lien" against your future settlement.

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What Claims Do I Have?

There are several different claims you may have if you have been involved in a motor vehicle collision. First, you may have a claim for negligence against the driver of the other vehicle. Second, you may have a claim for negligence against the owner of the vehicle if the owner is different from the person driving the car. Third, you may also have a claim for negligent entrustment or negligent hiring, training and supervision, if the owner of the car is different than the driver of the vehicle and the owner knew or should have known that the driver would operate the car in a careless, reckless or negligent manner.

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What Can I Recover?

If you have been injured in a motor vehicle accident, including an automobile accident, semi-truck accident, motorcycle accident, bicycle accident, drunk driving accident, and even a pedestrian accident, you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

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What if the at-fault driver is uninsured?

If the at-fault driver does not have insurance, or does not have enough insurance, we will look to your own automobile insurance policy for compensation for your accident related injuries and losses. Under Colorado law, insurance companies selling automobile insurance in Colorado are required to sell Uninsured/Under-Insured Motorist Insurance as part of every policy sold in Colorado unless the coverage is specifically refused in writing. Uninsured or under-insured (UM/UIM) coverage is a separate coverage that provides coverage to you and your passengers if injured in an accident caused by an uninsured or under-insured driver. This coverage "steps into the shoes" of the at-fault driver and pays you the same kind of damages you could have recovered from the at-fault driver's insurance had the driver been insured. Uninsured motorist insurance coverage may be available to pay your claim if any resident in your household owns a car that has uninsured motorist coverage regardless of whether you were occupying the car at the time of the accident. In fact, your uninsured motorist coverage will even cover you if you are a pedestrian hit by an uninsured driver.

It is important to note that if you are making a claim for under-insured motorist benefits, most policies issued in Colorado require that you first seek and obtain permission from your own insurance company before you accept any settlement with the at-fault driver's insurance company. This contract provision means that if you settle with the at-fault driver without first obtaining permission to do so from your own insurance company you will not be allowed to present an under-insured motorist claim to your own insurance company. At Bachus & Schanker, LLC we will carefully examine your insurance policy to make certain that nothing is done that violates the terms of the insurance policy that could jeopardize the right to an uninsured motorist claim under the policy.

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Will my insurance rates go up?

Under Colorado law, an automobile insurance company cannot raise your insurance rates because you make a claim for uninsured or under-insured motorist benefits in an accident that you did not cause.

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Do I have to pay back my health insurance?

Most health insurance plans have a right of subrogation or reimbursement. What this means is that if your health insurance pays for your medical expenses, they may have a right to get paid back for those expenses either from the at-fault party's insurance carrier or from you out of any settlement you receive from the at-fault party. Before accepting any settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

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Who pays for my wage loss?

The at-fault party is responsible for paying for your wage loss. However, you only get to make one claim with the at-fault party's insurance company, and therefore you may need help with your lost wages before you make the claim against the at-fault party. At Bachus & Schanker, LLC, we will look at all applicable insurance policies to determine if you have any short-term disability insurance that may help with your wages temporarily until you are able to get back to work. It is important to document any time-off from work that you may have as a result of injuries sustained in the accident.

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Do I need an investigator?

If you have been in an accident involving a semi-truck or other commercial truck, it is very important to begin an investigation into the accident right away. It is important to investigate a truck accident while the physical evidence of the accident is still fresh on the scene. Often, poor weather conditions such as snow, ice, rain, and wind can cause rapid deterioration of the physical evidence at the accident site. Elements like skid marks, yaw marks, points of impact, and oil and gas stains, which are critical for accurately reconstructing the accident, can be lost forever. Other crucial evidence may also be lost, destroyed, or tampered with over time. The legal team at Bachus & Schanker, LLC will provide thorough trucking accident investigation services for victims throughout the state. We have the staff and financial resources available to immediately assemble a team of experts on the scene within hours of being contacted to immediately begin preserving crucial physical evidence and to conduct important witness interviews in a way that is fair to you and your family.

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