The insurance adjuster called. Maybe twice. They were polite. They said they wanted to help. They asked you to describe what happened and you did because you thought you were supposed to. They asked if you were hurt and you said you felt okay because the adrenaline was still masking everything. They might have even offered you a check already.
That adjuster does not work for you. They work for the company that insures the driver who hit you. Their job is to pay you as little as possible or nothing at all. Every word you said is now in a file they will use to deny or reduce your claim.
You are not paranoid for thinking something feels wrong about this process. Something is wrong. The system is designed to move fast before you understand your rights and before your injuries fully appear. Most people do not realize they have a case until weeks after they have already given statements, accepted settlements, or signed releases they cannot undo.
If you were in a car accident in Thornton, you need to know what you are actually dealing with. Not the version the insurance company gives you. The truth.
The first three days after a collision determine almost everything that follows. Evidence disappears. Witnesses forget. Surveillance footage gets erased. Your own memory starts to blur. And the insurance company is already building a file designed to minimize what they pay you.
You should see a doctor even if you feel fine. Whiplash does not announce itself at the scene. Concussions can take hours to show symptoms. Soft tissue injuries feel like nothing until the next morning when you cannot turn your neck. The insurance company will argue that any delay in treatment means you were not really hurt. Do not give them that argument.
Document everything you can. Take photos of the vehicles, the intersection, any skid marks or debris, traffic signals, weather conditions. If there are witnesses, get their names and numbers before they leave. Write down everything you remember about the moments before impact while it is still clear.
Do not post about the accident on social media. Do not say you are fine. Do not say it was not that bad. The insurance company will find those posts and use them against you. Adjusters search Facebook, Instagram, and Twitter for exactly this kind of material. One photo of you smiling at a family dinner becomes evidence that you are not really in pain.
And do not give a recorded statement to any insurance company, including your own, until you have talked to an attorney. Once those words are recorded, you cannot take them back.
The insurance adjuster will tell you it is just routine. They need your version of events. It will only take a few minutes. They make it sound mandatory.
It is not mandatory. You are not legally required to give a recorded statement to the other driver’s insurance company. Ever.
These statements are not designed to help you. They are designed to lock you into a version of events before you have had time to process what happened, before you have seen a doctor, before you understand the full extent of your injuries. The questions sound simple but they are carefully crafted to get you to minimize your injuries, accept partial fault, or contradict yourself.
They will ask if you are hurt. If you say no because the pain has not started yet, that statement will be used to deny your claim later. If you say yes, they will ask you to describe every injury in detail. If you leave anything out because you do not know about it yet, they will argue you fabricated it later.
They will ask you to describe how the accident happened. If your memory is even slightly off about the sequence of events or the position of vehicles, they will use that to argue you are an unreliable witness. If you say anything that could suggest you share fault, even one percent, your entire claim is now more complicated and worth less.
Your own insurance company is not necessarily on your side either. If you carry uninsured motorist coverage or personal injury protection, your insurer may end up paying part of your claim. That makes you an expense they want to minimize. The same tactics apply.
You have the right to tell any insurance company that you will provide a statement through your attorney. Use it.
Colorado is a fault state, which means the driver who caused the accident is responsible for the damages. But fault is not always obvious and insurance companies do not assign it fairly. They assign it in whatever way reduces their liability.
If their insured driver ran a red light and hit you, that should be simple. It often is not. The adjuster will look for any reason to shift even partial blame onto you. Were you speeding? Did you have a chance to avoid the collision? Were you distracted? They will investigate your driving record, look for prior accidents, and analyze every detail of the scene to find something they can use.
Colorado follows a modified comparative negligence rule. If you are found to be 50 percent or more at fault, you recover nothing. If you are found to be less than 50 percent at fault, your recovery is reduced by your percentage of fault. So if your case is worth $100,000 and you are found to be 20 percent at fault, you receive $80,000. The insurance company knows this, which is why they fight so hard to assign you even a small percentage of blame.
Fault determinations often come down to evidence. Police reports carry weight but they are not the final word. Witness statements matter. Photos of the damage, the position of the vehicles, skid marks, and road conditions all matter. Accident reconstruction experts can analyze the physics of the collision. Cell phone records can prove the other driver was texting.
The insurance company will conduct its own investigation. That investigation is not neutral. If you do not conduct your own investigation, you are trusting the other side to be fair. That is a mistake.
Most people think a car accident claim covers their medical bills and maybe some lost wages. They accept the first offer because they do not realize what else they are entitled to.
Medical expenses include everything. Not just the emergency room visit and the immediate follow-ups. Physical therapy. Chiropractic care. Prescription medications. Mental health counseling if the accident caused anxiety or PTSD. Medical equipment like a wheelchair or crutches. Future medical costs if your injuries require ongoing treatment.
The insurance company will offer to pay your current medical bills. They will not volunteer to pay for the herniated disc that will need surgery next year or the physical therapy you will need for the next six months. If you settle now, those future costs are your problem.
Lost wages include the time you already missed from work and the time you will miss in the future. If your injuries prevent you from returning to the same job or working the same hours, you can recover the difference in earning capacity. If you are self-employed, you can recover lost income even if you do not have a W-2 to prove it. Documentation and expert testimony can establish what you would have earned.
Property damage means your vehicle. The insurance company will offer you the fair market value if the car is totaled. They determine fair market value in whatever way benefits them most. You have the right to challenge their valuation. You can also recover the cost of a rental car while your vehicle is being repaired or replaced.
Pain and suffering is real and it is recoverable. Physical pain. Emotional distress. Loss of enjoyment of life. The inability to play with your kids or participate in activities you used to love. These damages are harder to quantify, which is why insurance companies downplay them. But juries award them. Judges recognize them. You are entitled to them.
The adjuster will never mention pain and suffering unless you do. And when you do, they will minimize it. They will offer a token amount and call it fair. What is fair is what a jury would award if they heard the full story. That number is almost always higher than the first offer. Usually much higher.
Colorado requires drivers to carry minimum liability insurance. Many drivers do not. Others carry the minimum, which is $25,000 per person for bodily injury. That does not come close to covering a serious accident.
If the driver who hit you is uninsured, your own uninsured motorist coverage steps in. If they are underinsured, your underinsured motorist coverage covers the gap. But now you are making a claim against your own insurance company, and they do not want to pay any more than the other side did.
Your insurer will use all the same tactics. They will minimize your injuries. They will argue over fault. They will lowball your damages. The fact that you pay premiums to this company does not make them your ally when you file a claim.
You can also pursue the at-fault driver personally, but most uninsured drivers do not have assets to collect against. A judgment means little if there is nothing to collect. Uninsured motorist coverage is often your best option, which is why the insurance companies fight it so hard.
If you had back pain before the accident, the insurance company will argue that the accident did not cause your current back pain. If you had headaches, any head injury claim will be questioned. If you saw a chiropractor in the past, they will argue your injuries are not new.
This is one of the most common tactics adjusters use to deny claims. It is also fundamentally dishonest. Colorado law is clear: you are entitled to compensation if the accident aggravated or worsened a pre-existing condition. The fact that your back was not perfect before the collision does not mean the collision did not hurt you.
Medical records tell the story. If your back pain was occasional and manageable before the accident and constant and debilitating after, that is the collision. If you were functional before and now you need medication or injections or surgery, that is the collision. Your doctor can explain the difference between your baseline condition and your post-accident condition.
The insurance company will demand access to years of medical records. They will look for anything they can use. You have the right to protect your privacy, but you also need to be strategic about what records are relevant. An attorney can help you determine what must be disclosed and what can be withheld.
Insurance companies make money by paying out less than they collect in premiums. The less they pay you, the more profit they keep. Adjusters are evaluated on how much they save the company. Every dollar they get you to accept below the case value is a win for them.
The first offer usually comes fast. Sometimes within days of the accident. It sounds reasonable if you do not know what your case is actually worth. The adjuster will frame it as a fair offer. They will tell you it is easier to settle now than to drag this out. They may even suggest that if you do not accept it, the offer will go down.
That is pressure. It is not advice. It is not in your interest.
Early offers are almost always a fraction of what the case is worth because they are made before the full extent of your injuries is known. Soft tissue injuries take weeks to reach maximum medical improvement. Herniated discs may not require surgery until months after the accident. Concussion symptoms can persist for a year. If you settle now, you waive your right to recover for any of that.
The release you sign when you accept a settlement is final. You cannot go back later when you need surgery or when you realize you cannot return to your old job. The adjuster knows this. That is why they are pushing you to settle before you have talked to an attorney.
You do not have to accept the first offer. You do not have to accept the second offer. You have the right to understand what your case is actually worth before you settle it.
We take over the conversation with the insurance company so you do not have to navigate it alone. You do not give recorded statements. You do not negotiate your own claim. You do not wonder if you are being treated fairly.
We investigate the accident independently. That means tracking down witnesses, obtaining police reports, analyzing the scene, and working with experts when necessary. If fault is disputed, we build the evidence to prove what actually happened.
We document your damages completely. Medical records, billing statements, wage loss documentation, expert opinions on future costs. We do not leave money on the table because the insurance company chose not to mention it.
We negotiate from a position of knowledge. We know what juries in Colorado award for cases like yours. We know what your case is worth. The insurance company knows we know. That changes the negotiation.
If the insurance company refuses to make a fair offer, we file a lawsuit. Most cases settle before trial, but the willingness to go to trial is what makes settlement possible. Insurance companies do not make fair offers to people they think will not fight back.
You do not pay anything unless we recover money for you. No upfront fees. No hourly bills. We take a percentage of the recovery, which means we only get paid if you do. That aligns our interests with yours.
Thornton intersections have patterns. Certain areas see higher accident rates. Highway 7 and I-25 interchanges create complicated fact scenarios. Local police practices affect how reports are written and what details are included. Judges in Adams County have tendencies. Juries in this area respond to certain arguments.
An attorney who handles cases across the Denver metro area understands these local factors. We know the courts. We know the opposing attorneys the insurance companies hire. We know what works and what does not.
Kirk McCormick and Jay Murphy have handled car accident cases throughout Thornton, Westminster, Northglenn, and the surrounding communities. We know the adjusters at the major insurance companies. We know how they evaluate cases and where they will bend.
That local knowledge matters when your case is being evaluated. It matters when we negotiate. It matters if we have to file a lawsuit.
You can represent yourself. You can call the insurance company back. You can negotiate your own settlement. Legally, you are allowed to.
But you are negotiating against someone who does this every day. The adjuster has handled hundreds of claims. They know every tactic. They know what you do not know. And they are using that knowledge gap to reduce what they pay you.
You do not know what your case is worth. You think you do because you know what your medical bills are and what you missed from work. But you do not know how a jury would value your pain. You do not know what future medical costs should be included. You do not know what comparable cases have settled for or what verdicts have been awarded.
The insurance company knows all of that. They use that information to make you an offer that sounds fair but is not.
An attorney levels the information gap. We know what your case is worth because we have handled cases like yours. We know what juries award. We know what insurance companies pay when they are facing a credible threat of trial. That knowledge changes the outcome.
Studies show that accident victims who hire attorneys recover more money on average than those who represent themselves, even after attorney fees are deducted. The insurance company pays more because they have to. They do not pay more out of generosity.
Stop talking to the insurance company. If they call, tell them you are represented by counsel or that you will be and they should contact your attorney. Do not give them anything more to use against you.
Get a copy of the police report if you do not already have it. Review it for accuracy. If there are errors, they can be corrected, but it is easier to do that early.
Follow your doctor’s treatment plan exactly. Go to every appointment. Fill every prescription. Complete every session of physical therapy. Gaps in treatment become arguments that you were not really hurt.
Keep a journal of your symptoms, your pain levels, your limitations. What you cannot do now that you could do before the accident. This documentation becomes evidence of your pain and suffering.
Do not sign anything the insurance company sends you without having an attorney review it. Medical authorizations, releases, settlement agreements. Once you sign, it is binding.
Call us. We will review your case, explain your options, and tell you what we think it is worth. That consultation is free. You do not pay unless we recover money for you.
You can reach McCormick & Murphy, P.C. at 888-668-1182. Our office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206. We represent clients throughout Thornton, Westminster, Northglenn, Brighton, and the entire Denver metro area.
The insurance company is already working on their strategy. You should be working on yours.
Call 911 if anyone is injured or if the vehicles are blocking traffic. Exchange information with the other driver including names, phone numbers, insurance details, and license plate numbers. Take photos of the vehicles, the damage, the intersection, and any visible injuries. Get contact information from any witnesses. See a doctor as soon as possible even if you do not think you are seriously hurt. Do not apologize or admit fault at the scene. Report the accident to your insurance company but do not give a recorded statement until you have spoken with an attorney.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. That might sound like a long time but it is not. Evidence disappears. Witnesses move or forget details. Your own memory fades. Insurance companies are more willing to negotiate early when the accident is fresh and you appear serious about pursuing your claim. If you wait too long, you lose leverage. If you wait past the three-year deadline, you lose your right to sue entirely. There are limited exceptions to this deadline, but you should not count on them. The sooner you start the process, the stronger your case will be.
If the at-fault driver is uninsured, your own uninsured motorist coverage will cover your damages up to your policy limits. This coverage is optional in Colorado, but if you have it, it functions like the insurance the other driver should have had. You file a claim with your own insurance company just as you would file a claim against the other driver’s insurer. Your insurance company will investigate the accident and determine fault. If they deny your claim or offer too little, you have the right to challenge that decision. You can also pursue the at-fault driver personally through a lawsuit, but most uninsured drivers do not have assets to collect a judgment against. Uninsured motorist coverage is usually your best option for recovery.
No. You are not legally required to give a recorded statement to the other driver’s insurance company, and you should not do it without consulting an attorney first. These statements are designed to lock you into a version of events before you understand the full extent of your injuries and before you have had time to process what happened. Adjusters ask carefully worded questions designed to get you to minimize your injuries, accept partial blame, or contradict yourself. Anything you say can be used to reduce or deny your claim. Even your own insurance company may use your statement against you if you carry uninsured motorist or personal injury protection coverage. Tell the adjuster you will provide a statement through your attorney. That is your right.
Fault is determined by analyzing the evidence from the accident. Police reports are important but not final. Investigators look at the positions of the vehicles, damage patterns, skid marks, witness statements, traffic signals, road conditions, and any available video footage. Colorado follows a modified comparative negligence rule, which means if you are found to be 50 percent or more at fault, you recover nothing. If you are less than 50 percent at fault, your recovery is reduced by your percentage of blame. Insurance companies fight hard to assign you even a small percentage of fault because it reduces what they have to pay. Your own investigation matters. An attorney can preserve evidence, interview witnesses, and work with accident reconstruction experts to prove what actually happened.
You can recover all medical expenses related to the accident including emergency room visits, hospital stays, surgeries, doctor appointments, physical therapy, prescription medications, medical equipment, and future medical costs if your injuries require ongoing treatment. You can recover lost wages for time you missed from work and future lost earning capacity if your injuries prevent you from returning to your previous job or working the same hours. You can recover property damage including the cost to repair or replace your vehicle and rental car expenses. You can also recover noneconomic damages for pain and suffering, emotional distress, loss of enjoyment of life, and the impact the injuries have had on your daily activities and relationships. These damages are real and juries award them regularly despite insurance companies trying to minimize or ignore them.
Yes, they can. If you file a claim under your uninsured motorist coverage, underinsured motorist coverage, or personal injury protection, you are making a claim against your own insurance company. That makes you an expense they want to minimize. Your insurer will investigate the accident, question fault, minimize your injuries, and make lowball settlement offers just like the other driver’s insurance company would. The fact that you pay premiums does not make them your advocate when you file a claim. They have the same financial incentive to pay as little as possible. You have the same rights when dealing with your own insurer that you have when dealing with the other side. You do not have to accept their evaluation of your claim and you have the right to challenge their offer.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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