Is It Worth Hiring a Lawyer for a Minor Car Accident in Colorado?

What Qualifies as a Minor Accident?

A low-speed collision with minimal vehicle damage, such as small dents and scratches, qualifies as a minor accident. A common example is a fender bender. While it often results in no injuries, this type of accident can cause injuries that can lead to major issues.

When Should You Get Legal Help?

It’s important to get legal help as soon as possible after a minor accident. This is because an injury that appears to be minor can worsen hours or days later.

A low-speed impact can still cause rapid back-and-forth head movement, causing whiplash. You may also suffer soft tissue injuries, head injuries (if you hit the window, dashboard, or steering wheel), back injuries, herniated discs, bruises, cuts, and crush injuries (if any of your body parts become trapped between two objects). In addition, a minor accident can lead to psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression.

Most of the injuries resulting from a minor accident have delayed symptoms. It may take hours or days before you experience pain, neck stiffness, headaches, or numbness/tingling.

Seeking legal help earlier ensures you document the accident and your injuries correctly. For example, if you fail to seek immediate medical attention after a minor accident, and then symptoms worsen weeks later, an insurance company may argue that other factors may have led to your injuries, since you lack a strong link between your injuries and the accident.

This can also be the case if vehicle damage worsens with time. A dent that looks harmless may be a serious issue underneath. The impact of the accident may have caused damage to components, such as wiring harnesses, side-impact sensors, and suspension. Your frame may be misaligned, or your wheels may have been knocked out of alignment, and you might not discover it right away. So, the minor damage you believe could easily be fixed can lead to costly repairs.

Early legal guidance ensures you collect solid evidence to build a strong case.

How Do Insurance Companies Handle Minor Claims?

When an accident appears to have led to minor injuries or property damage, insurers often want to offer quick settlements. Typically, insurance companies downplay minor claims, assuming, “If your car looks fine, you probably are.” An insurer might argue that the impact of the accident was too small to cause injuries. Therefore, it will want to cover the visible injuries that you have.

Once you accept an offer and sign a release, you can’t sue or seek more money later once you discover your injuries or vehicle damage are worse than initially thought. This means you may need to pay for damages out-of-pocket or may experience financial difficulties if you miss work to receive treatment.

Moreover, an insurer can deny liability in a minor accident, especially if you didn’t gather evidence after the accident. They may try to assign you partial or full fault, which can lead to a reduction or denial of compensation.

Under Colorado law, an injured victim can only recover when their negligence is not as great as the negligence of the person against whom recovery is sought. When an injured person is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault.

Here is what to do in a minor car accident to protect your rights:

• Stay calm.
• Call 911 to report the accident to the police and receive immediate medical attention. You are required to report an accident that has resulted in injury to, serious bodily injury to, or death of any person or any property damage.
• Exchange information with the other driver — name, contact information, vehicle details, and insurance company information.
• Take pictures and videos of the accident and your injuries.
• Collect witness contact information and perhaps record brief statements using your phone.
• Visit a doctor immediately after leaving the scene.
• Notify your insurance company.
• Keep a daily journal, documenting your pain levels, limitations on activities, and mental health struggles.

You should also consider getting legal help after addressing your immediate medical needs. Your attorney will help you avoid costly mistakes from the very beginning. 

This includes:

• Saying things that an insurer can use against you.
• Accepting an offer before you understand the extent of your injuries and vehicle damage.
• Failing to seek immediate medical help.
• Not documenting your treatment properly.
• Not attending all medical appointments and following your treatment plan.

Also, your lawyer will ensure you are adequately informed about deadlines that apply to your case. Colorado has a three-year statute of limitations for car accident claims. It’s not uncommon for people to lose their eligibility to take legal action against a negligent driver after a minor accident. This is because they often underestimate the severity of their injuries. It can take a long time before symptoms worsen, and someone realizes their case is not as straightforward as they thought.

Your insurance company may also have a deadline for reporting an accident to start the claim process. Additionally, if the police didn’t respond to the accident scene, you are required to file a formal report online with the Colorado Division of Motor Vehicles within 60 days to avoid penalties. If a minor accident involves a government vehicle, an injured victim must provide a written notice of claim within 182 days after discovering the injury.

Missing a deadline can substantially complicate your case. Working with a lawyer ensures you observe all deadlines, protecting your eligibility for seeking recovery.

So, Is It Worth Hiring a Lawyer After a Minor Accident?

Yes, it’s essential to hire a lawyer after a minor accident in Colorado. They will help you receive the compensation you deserve. Accepting an early settlement from an insurer or dealing with an insurance company that’s using tactics to assign you fault or reduce payout can be challenging. You’ll want to work with a lawyer who is experienced in handling cases like yours.

Bachus & Schanker is skilled in helping victims injured in accidents that seem harmless at first but later lead to significant losses. We also have a Victim’s Advocate team to offer a holistic approach to justice.

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