The accident happened. Maybe it was yesterday. Maybe it was an hour ago. Your car is damaged, your body hurts, and the insurance adjuster is already calling. They sound friendly. They say they want to help. They ask if you’ll give a recorded statement “just to get the process started.”
Stop. Put the phone down.
The insurance company is not on your side. They never were. Their job is to pay you as little as possible, and the process starts the moment you answer their questions without knowing what they’re actually asking.
You have more rights than they want you to know about. You have options. And the next 72 hours will determine how much of your life you get back after this accident.
The clock starts the second metal hits metal. Not because of some arbitrary legal deadline, but because evidence disappears fast. Skid marks fade. Witnesses forget details. Security camera footage gets overwritten. Your own memory of what happened becomes less clear with every passing hour.
The insurance adjuster knows this. That’s why they call so quickly. They want your statement before you’ve had time to think. Before you’ve talked to anyone who might tell you what your case is actually worth. Before you realize that the pain in your neck isn’t just soreness from the seatbelt.
Here’s what you need to do right now:
The difference between what you do in these first three days and what you could have done will determine whether you get a fair settlement or a check that barely covers your deductible.
Westminster sits at the intersection of US 36 and I-25. Commuters pour through here from Boulder, Broomfield, Thornton, and Denver. Rush hour collisions happen on 88th Avenue, 120th Avenue, and Federal Boulevard every single day. The Westminster Police Department responds to hundreds of crashes every month.
Each one of those accidents creates a paper trail. Police reports. Traffic camera footage. Witness statements. Medical records. The insurance company has adjusters and investigators who know how to read that trail and use it against you.
They will find your social media posts. They will request ten years of medical records to search for pre-existing conditions. They will argue that you were partly at fault because you were changing lanes or because you didn’t brake hard enough or because the sun was in your eyes.
Colorado uses modified comparative negligence. That means if you are found 50 percent or more at fault, you get nothing. If you are 30 percent at fault, your settlement gets reduced by 30 percent. The insurance company knows this, and they will work every angle to shift blame onto you.
This is not hypothetical. This is what happens in every Westminster car accident case where the injured person tries to handle it alone.
The adjuster will make an offer. It will sound reasonable. It might even be more than you expected. They will tell you it’s “the maximum we can authorize” or “a fair settlement based on your injuries.”
It is not fair. It is the minimum they think you will accept.
Here is what you can actually recover after an auto accident in Westminster:
Economic damages: Medical bills, including emergency room visits, surgery, physical therapy, medication, and medical equipment. Lost wages for time you missed at work. Future medical expenses if your injuries require ongoing treatment. Property damage to your vehicle and personal belongings.
Non-economic damages: Pain and suffering. Loss of enjoyment of life. Emotional distress. Scarring and disfigurement. Loss of consortium if your injuries affect your relationship with your spouse.
The adjuster’s first offer will cover some of your medical bills and nothing else. They will not mention future treatment. They will not account for the wages you’ll lose next month when you need a second surgery. They will not put a dollar amount on the fact that you can no longer pick up your daughter without your back spasming.
Your case is worth more than they are offering. The question is whether you will know that before you sign the release.
Colorado requires drivers to carry minimum liability coverage: $25,000 per person for bodily injury, $50,000 per accident, and $15,000 for property damage. Those are the legal minimums. They are also completely inadequate if you were seriously injured.
Some drivers carry no insurance at all. Some flee the scene. Some give you fake information.
This does not mean you have no recovery. It means you need to look at different sources:
Your own uninsured motorist coverage: This is coverage you pay for on your own policy. It kicks in when the at-fault driver has no insurance or not enough insurance. Many people don’t even know they have this coverage.
Your underinsured motorist coverage: If the other driver’s policy limits are too low to cover your damages, your underinsured coverage makes up the difference.
MedPay or PIP coverage: These pay your medical bills regardless of fault. They get you into treatment while the liability claim is being sorted out.
Here is the part nobody tells you: Your own insurance company will fight your uninsured motorist claim just as hard as if you were claiming against a stranger. They will argue you weren’t injured. They will say your treatment was excessive. They will lowball you.
The company you’ve been paying premiums to for ten years becomes your opponent the moment you file a claim.
The police report matters. The officer’s diagram and narrative will influence how the insurance companies view the case. But the report is not the final word on fault.
Fault gets determined through investigation. Accident reconstruction experts analyze the damage patterns, the final resting positions of the vehicles, the length of skid marks, and the physics of the collision. They calculate speeds and sight lines and reaction times.
Witnesses matter. Not just what they say happened, but where they were standing and what they could actually see. A witness who was three car lengths back saw something very different than a witness at the intersection.
Traffic camera footage matters. Westminster has cameras at major intersections. That footage exists, but it doesn’t stay archived forever. You need to know which agency controls which camera and how to request the footage before it gets deleted.
Physical evidence matters. The gouge marks in the asphalt. The debris field. The damage to the guardrail. All of this tells a story about what happened and who caused it.
The insurance company will conduct their own investigation. They will hire their own experts. And their experts will reach conclusions that favor their insured driver. If you are not conducting your own parallel investigation, you are accepting their version of events by default.
The adjuster will call. They will sound sympathetic. They will say they need to “get your side of the story” so they can process your claim. They will ask if you’ll answer a few quick questions.
Every word you say is being recorded. Every word will be analyzed by attorneys and adjusters whose job is to find ways to deny or reduce your claim.
They will ask where you were going. Why you were in that lane. Whether you saw the other car. How fast you were driving. Whether you braked. Whether you looked. Whether you signaled. Whether you checked your mirror. Whether you were using your phone. Whether you were tired. Whether you had been drinking. Whether you were arguing with your passenger. Whether you were adjusting the radio.
They are not asking out of curiosity. They are building a record of statements they can use later to argue you were distracted or careless or partially at fault.
They will ask about your injuries. How you feel. What hurts. Whether you’ve seen a doctor. They are trying to lock you into a description of your injuries before you fully understand what’s wrong with you.
Back injuries don’t always show up on day one. Concussion symptoms can be subtle at first. Soft tissue damage reveals itself over days and weeks. If you tell the adjuster on day two that you feel “pretty good, just a little sore,” they will play that recording back to you six months later when you’re in physical therapy three times a week.
You are not required to give a recorded statement to the other driver’s insurance company. You are required to cooperate with your own insurance company under the terms of your policy, but even there you have the right to have an attorney present.
The correct answer when the adjuster calls is simple: “I’m not giving a recorded statement. Please send all communication in writing.” Then you hang up and call an attorney.
The adjuster has handled five hundred cases like yours. They know what juries award in Westminster for rear-end collisions with soft tissue injuries. They know which judges are plaintiff-friendly and which defense doctors the insurance companies use to minimize injuries. They know how long it takes for your desperation to outweigh your patience.
They know you are scared. They know you have bills piling up and you can’t work and the phone calls from collection agencies are starting. They know the medical providers are putting liens on your case. They know your mortgage is due and your car is totaled and you’re borrowing money from your parents.
They know that every week that passes makes you more likely to accept whatever they offer just to make it stop.
This is not an accident. This is strategy. The delay is intentional. The lowball offer is intentional. The request for more medical records is intentional. The claim that they need more time to investigate is intentional.
They are waiting for you to break.
You had back pain before the accident. Maybe you saw a chiropractor twice last year. Maybe you took ibuprofen sometimes.
The insurance company will request your complete medical history. They will find that chiropractic visit. They will find the prescription. And they will argue that your current back injury is not from the accident at all but rather an aggravation of a pre-existing condition.
In Colorado, you can recover for aggravation of a pre-existing condition. If the accident made your back worse, you are entitled to compensation for that worsening. But the insurance company will pretend you are not.
They will send you to an independent medical examination. The doctor is not independent. The doctor is hired by the insurance company and performs these exams for insurance companies all day every day. The doctor will review your records, examine you for fifteen minutes, and write a report saying your injuries are consistent with your pre-existing condition and unrelated to the accident.
You cannot refuse the IME if you want to pursue your claim. But you can have your own attorney prepare you for it, review the report, and hire your own medical expert to refute it.
This is not a fair fight. The insurance company has unlimited resources. You have a stack of medical bills and a car that doesn’t run. You need someone in your corner who has fought this fight before and knows how it ends.
You don’t hire an attorney because your case is complicated. You hire an attorney because the insurance company already has five of them.
An attorney investigates while the evidence still exists. Requests the traffic camera footage before it’s deleted. Interviews witnesses before they move or forget. Hires accident reconstruction experts who work for you, not the insurance company. Sends preservation letters to trucking companies and commercial drivers so they can’t destroy logbooks or dash cam footage.
An attorney knows what your case is worth because they’ve handled hundreds of them. They know what a herniated disc case settles for in Adams County. They know which insurance companies negotiate in good faith and which ones force every case into litigation. They know the defense attorneys and the judges and the mediators.
An attorney speaks the language. When the adjuster says the offer is “within range based on the injury valuation matrix,” your attorney knows that’s nonsense. When the defense lawyer argues comparative negligence, your attorney has case law and evidence ready to respond.
An attorney protects you from your own desperation. When you’re three months out and the bills are suffocating and the adjuster offers $8,000 and you’re ready to take it, your attorney tells you the case is worth $40,000 and files the lawsuit.
McCormick & Murphy, P.C. has represented injured people across Westminster, Arvada, Thornton, Broomfield, and throughout Adams County and the Denver metro area. We know these roads. We know these courts. We know how the local insurance adjusters operate and which defenses they’ll raise before they raise them.
We don’t charge you anything unless we recover compensation for you. The consultation is free. The investigation starts immediately. And you never pay out of pocket for us to fight the insurance company.
You have three years from the date of the accident to file a personal injury lawsuit in Colorado. Miss that deadline and your case is over no matter how strong it was.
Three years sounds like a long time. It is not.
Treatment takes time. You don’t know the full extent of your injuries until you’ve finished medical care. You don’t know your future medical needs until your doctor says you’ve reached maximum medical improvement. That can take a year or more.
Negotiations take time. The insurance company will request records. They’ll review them. They’ll come back with questions. They’ll make a lowball offer. You’ll counter. They’ll deny. Months pass.
Litigation takes time. Filing the lawsuit doesn’t mean you go to trial next week. Discovery can take six months. Depositions get scheduled around everyone’s calendar. Mediation gets set. Trial dates get continued.
If you wait two and a half years to call an attorney, you’ve given up most of your leverage. The insurance company knows you’re up against the deadline. They know you can’t afford to let the case get dismissed. They will lowball you and wait.
The time to call is now. Not when the statute of limitations is looming. Not when the insurance company has denied your claim for the third time. Now, while the evidence is fresh and your leverage is strong and you still have time to build the case the right way.
You will talk to an attorney, not a paralegal or an intake coordinator. We will ask what happened. We will ask about your injuries and your treatment. We will ask what the insurance company has said and done.
We will tell you whether you have a case. Some accidents don’t result in compensable injuries. Some cases have liability problems that make them not worth pursuing. We will be honest with you about that.
If you have a case, we will explain what happens next. How we investigate. How we deal with the insurance companies. How we build value. What to expect in terms of timeline and settlement versus trial.
We will answer your questions. All of them. In plain language. We don’t bill by the hour, so you’re not paying us to explain things to you.
If you hire us, we get to work immediately. Preservation letters go out. Records get requested. Witnesses get interviewed. We notify the insurance companies that you are represented and all contact needs to go through us.
From that moment forward, you don’t talk to the adjusters. You don’t give statements. You don’t sign releases. You focus on getting better, and we focus on getting you compensated.
You can reach us at 888-668-1182. We represent clients throughout Westminster, Denver, Lakewood, Wheat Ridge, Arvada, Thornton, Northglenn, Commerce City, Aurora, Brighton, Broomfield, Longmont, Boulder, and across the Front Range. The call is free. The advice is honest. And the clock is ticking.
Call 911 if anyone is injured. Move to safety if possible but don’t leave the scene. 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, traffic signs, and any visible injuries. Get contact information from witnesses. When police arrive, give a factual account of what happened but don’t speculate about fault or apologize. Seek medical attention even if you feel fine—adrenaline masks injuries and some symptoms don’t appear for hours or days. Report the accident to your own insurance company, but keep it factual and don’t give a recorded statement to the other driver’s insurer. Contact an attorney before signing anything or agreeing to any settlement.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. If you miss this deadline, the court will dismiss your case no matter how strong your claim is. While three years may seem like plenty of time, treatment and negotiations often take much longer than expected. Waiting too long also weakens your case because evidence disappears, witnesses forget details, and you lose negotiating leverage with the insurance company. It’s best to contact an attorney as soon as possible after the accident while the evidence is fresh and you have maximum time to build a strong case.
If the at-fault driver is uninsured or underinsured, you can file a claim under your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. These are optional coverages you may have purchased as part of your own auto insurance policy. UM coverage applies when the other driver has no insurance at all or fled the scene. UIM coverage applies when the other driver’s policy limits are too low to cover your damages. Your insurance company is required to handle these claims fairly, but in reality they often fight UM and UIM claims just as aggressively as if you were claiming against a stranger. You may also have medical payments (MedPay) or personal injury protection (PIP) coverage that pays your medical bills regardless of fault. An attorney can review your policy and identify all available sources of recovery.
Do not give a recorded statement to the other driver’s insurance company. You are not legally required to do so. Everything you say will be recorded and analyzed by adjusters and attorneys looking for ways to deny or reduce your claim. They will ask leading questions designed to get you to admit fault, minimize your injuries, or contradict yourself later. They often call within hours of the accident before you fully understand your injuries or have had time to consult with an attorney. Even innocent statements like “I feel okay” can be used against you months later when your injuries become apparent. You do have a duty to cooperate with your own insurance company under your policy, but you should still consult with an attorney before giving any statement, even to your own insurer. The safest response is to politely decline and tell them to send all communication in writing.
Fault is determined through investigation and evidence. The police report provides an initial account and often includes the officer’s opinion on how the accident occurred, but it’s not the final word. Insurance companies and attorneys analyze physical evidence such as vehicle damage, skid marks, debris fields, traffic camera footage, and dash cam video. They interview witnesses and sometimes hire accident reconstruction experts to calculate speeds, sight lines, and reaction times. Colorado follows a modified comparative negligence rule, which means if you are found 50 percent or more at fault you recover nothing, and if you are less than 50 percent at fault your compensation is reduced by your percentage of fault. Because even a small finding of comparative fault can dramatically reduce your recovery, it’s critical to conduct a thorough investigation and challenge the insurance company’s version of events if they try to shift blame onto you.
You can recover both economic and non-economic damages. Economic damages include all your medical expenses—emergency room, hospitalization, surgery, physical therapy, medications, medical equipment, and future medical care if your injuries require ongoing treatment. You can also 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. Property damage to your vehicle and personal belongings is also recoverable. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium if your injuries affect your relationship with your spouse. Colorado does not cap damages in most auto accident cases. The value of your case depends on the severity of your injuries, the strength of the liability evidence, the amount of available insurance coverage, and the skill of your attorney in proving and presenting your damages.
Your own insurance may provide coverage even when another driver was at fault. If you have medical payments coverage (MedPay) or personal injury protection (PIP), those will pay your medical bills up to your policy limits regardless of who caused the accident. This coverage gets you into treatment immediately without waiting for a liability determination. If the at-fault driver has no insurance or insufficient coverage, your uninsured motorist (UM) or underinsured motorist (UIM) coverage steps in to compensate you for your injuries. However, you should understand that when you make a UM or UIM claim against your own insurance company, they often defend the claim aggressively, just as if you were claiming against a stranger. Your insurance company may argue that you weren’t injured, that your treatment was unnecessary, or that you were partly at fault. Having an attorney represent you ensures that your own insurance company honors the coverage you paid for.
Fill out the form and we will contact you ASAP!
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.
© 2026 McCormick & Murphy, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions