Colorado law changed from a No-Fault auto insurance system to a “tort” system effective July 1, 2003. This change shifted the responsibility for paying medical bills for injured victims to the driver at-fault in the accident (and his/her insurance company). Under the old No-Fault system in effect in Colorado for 29 years, medical coverage was mandatory on every vehicle and insurance companies were required to promptly pay the medical bills of their customers regardless of who caused the auto accident. Under the new tort system, medical coverage is optional, and an injured victim recovers his/her medical bills and other bodily injury damages (e.g. lost wages, physical impairment, pain and suffering) from the at-fault driver at the end of the claim by way of final settlement or court verdict. Settlement of a personal injury claim is not advisable until an injured victim has concluded all medical treatment or has reached maximum medical improvement. Under the tort system, receiving proper and timely medical care for your injuries could very well depend upon you having health insurance or optional medical or Med-Pay coverage under your auto policy.

Since you receive only one bodily injury settlement, it is important to not settle your bodily injury claim until you and your doctors know and understand the full extent of your injuries and losses.  Insurance adjusters commonly offer to settle bodily injury claims (including estimated medical expenses) so they can “close the books forever” on your claim.  Do not make this mistake.  Consult with an attorney first.

2008 UM/UIM Changes.  An important 2007 Colorado law expanded Uninsured/Underinsured Motorist (UM/UIM) coverages to allow the injured party to recover from his/her own UM/UIM policy even if it is the same amount of coverage as the at-fault driver’s liability coverage.  This “stacking” of UM/UIM coverage applies to policies issued or renewed after January 1, 2008.

If you are injured, contact:

Tim LaFrance
Attorney-at-Law

for a FREE CONSULTATION at:

(970) 259-3321

Or

Toll Free: (888) 878-9320

Our mailing and street address is:
150 East 9th Street, Suite 100, Durango, CO 81301
(Red Snapper Building—Street Level)

Or E-mail us at: attorney@lafrancelaw.com
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