A third party liability claim may be filed if you were injured in an accident that was another driver’s fault. Instead of filing a claim with your own insurance company (first party), it would be filed with the other driver’s insurance company (third party).
Sometimes it isn’t obvious who was at fault. In that case you may need to consult with a Colorado auto accident lawyer. You should also seek legal counsel if your claim was wrongfully denied.
Determining Third Party Liability in Auto Accident Claims
Although it may seem obvious to you that another driver was the cause of your accident, his or her insurance company may not see it that way. In fact, it has no real interest in protecting your rights.
The insurance company could deny your auto accident claim or may try to offer you a settlement that is much less than you deserve. This is why it’s generally a good idea to secure help from a Colorado accident lawyer. You will need to show the other driver was at fault.
Whether you were injured in an accident at a busy intersection, such as Colorado Blvd. and 6th Ave., an interstate, such as I-70, or a small side street, proof will be necessary, examples include:
- photographs of the accident scene;
- physical evidence (damaged vehicles);
- police report; and
- statements from witnesses.
Assemble all of the applicable evidence so it can be presented to the insurance company. Yet even with evidence, the insurance company may try to drag its feet. So it may end up being in your best interest to file a claim with your own insurance company and let it deal with the other insurer. The problem is that you have to fork out the money for your deductible.
Auto Accident Claims Coverage
Another challenge when dealing with a third party liability claim is the amount of coverage available. In Colorado, motorists are required to carry a minimum of $25,000 in bodily injury protection. But if your medical costs exceed this amount, you could still be left to pay the difference.
In this situation, you may have to rely on underinsured motorist coverage, if you even carry it. Otherwise, you would need to pursue legal action against the driver to recover compensation for the medical costs.
Of course, it is often helpful to seek legal counsel if your injuries were significant. You could be entitled to compensation that goes beyond the medical costs you incurred.
Damages may be available for:
- lost income;
- pain and suffering; and
- mental anguish.
Discuss the Claim with a Colorado Auto Accident Lawyer
According to the Colorado Department of Transportation (DOT), there were 465 traffic fatalities in 2009. Most of these deaths (404) involved drivers and passengers.
Whether you are filing a claim stemming from injuries or the loss of a loved one, contact an auto accident lawyer at the Law Offices of D.J. Banovitz at 303-300-5060. We can review the details of your case and determine whether you should pursue a third party liability claim.
D.J. Banovitz
D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.
