The crash happened fast. Now the insurance adjuster is calling you every day. They sound friendly, they say they just need a few details, and they ask if you’re willing to give a recorded statement about what happened. They might even offer you a check to settle things quickly so you can move on with your life.
Stop. Do not answer. Do not sign anything. Do not accept any offers until you understand what you are giving up.
Insurance companies have one goal after an auto accident: pay you as little as possible, as quickly as possible, before you realize how much your claim is actually worth. They know that most people do not understand their rights. They count on it. That is how they make money.
McCormick & Murphy, P.C. represents car accident victims in Loveland and throughout Northern Colorado. We know the tactics insurance adjusters use to minimize or deny legitimate claims. We know what your case is worth before you sign anything away. And we know how to fight back when the insurance company tries to treat you like a claim number instead of a person whose life just got turned upside down.
Most people think the most important thing after a car crash is filing the police report. That matters. But what you say and do in the first three days after the accident can determine whether you recover full compensation or get stuck with medical bills you cannot pay and a settlement that does not come close to covering what you lost.
The insurance company knows this. That is why they call you immediately. They want your statement before you talk to a lawyer. They want you to say something they can use against you later. They want you to minimize your injuries because you are still in shock and the pain has not set in yet. They want you confused and scared and grateful that someone is paying attention.
Here is what actually matters in those first 72 hours:
You do not owe the insurance adjuster your time, your trust, or your statement. You owe yourself the truth about what your case is worth.
Colorado is a modified comparative negligence state. That means you can recover compensation even if you were partially at fault for the accident, as long as your share of the blame is less than 50%. But your total recovery will be reduced by your percentage of fault.
If you were 20% at fault and your damages are $100,000, you can recover $80,000. If you were 51% at fault, you recover nothing.
This is where insurance companies do their damage. They will try to shift as much blame as possible onto you. They will point to anything—your speed, your lane position, whether you were distracted, whether you could have avoided the crash. They will take your recorded statement and twist your words to make it sound like you admitted fault. They will claim you were not paying attention. They will say the accident was unavoidable and both drivers share equal blame.
Fault is not always clear. Witnesses remember things differently. Police reports get facts wrong. Physical evidence matters more than anyone’s version of events. Skid marks, vehicle damage, traffic camera footage, event data recorders in modern cars—all of this tells a story the insurance company does not want you to know how to read.
That is our job. We reconstruct what happened. We hire accident reconstruction experts when needed. We find the evidence that shows the other driver ran the red light, changed lanes without looking, was speeding, was texting, or simply was not paying attention. We do not let the insurance company rewrite history to avoid paying what you are owed.
The insurance adjuster will offer to pay for your car repairs and your medical bills. If you are lucky, they might throw in a few thousand dollars for your trouble. They will tell you this is a fair settlement. They will make it sound generous.
No lo es.
Colorado law allows you to recover compensation for every loss the accident caused. Not just the obvious ones. Not just the bills you have right now. Every loss.
Medical expenses include every treatment you need because of this crash. Emergency room bills. Ambulance fees. Hospital stays. Surgery. Physical therapy. Prescription medications. Future medical care if your injuries require ongoing treatment. The insurance company does not want you to know that future medical costs are part of your claim. They want to settle before you understand how serious your injuries are or how long your recovery will take.
Lost wages include every dollar you did not earn because you were too injured to work. If you used sick days or vacation time to recover, that counts. If you are self-employed and lost business income, that counts. If your injuries are permanent and you cannot return to the same type of work, you can recover compensation for lost earning capacity—the difference between what you would have earned and what you can earn now.
Pain and suffering is real. It is not some abstract legal concept. It is the chronic back pain that wakes you up at night. It is the headaches that never fully go away. It is the anxiety you feel every time you get behind the wheel. It is the activities you can no longer do with your kids because your shoulder has not healed. Colorado law recognizes that these losses have value even though they do not come with a bill.
Property damage includes more than just fixing your car. It includes the diminished value of your vehicle even after repairs. It includes personal items that were damaged in the crash. If your vehicle is totaled, you are entitled to the fair market value, not the lowball number the insurance company’s database spits out.
The insurance company will never volunteer to pay all of this. They will offer a fraction and hope you do not know the difference.
People assume their own insurance company is on their side. After all, you pay premiums every month. You are their customer. They should have your back.
They do not.
Your insurance company is a business. They make money by collecting premiums and paying out as little as possible in claims. When you file a claim under your own policy—uninsured motorist coverage, underinsured motorist coverage, medical payments coverage—your insurer has the same incentive as the other driver’s insurer: deny or minimize your claim.
This catches people off guard. They give recorded statements to their own adjuster thinking it is safe. They sign medical authorizations without reading them. They accept settlement offers that do not come close to covering their losses because they trust the company they have been paying for years.
Then the denials start. Your insurer claims your injuries are not covered. They argue the accident did not happen the way you described. They delay processing your claim hoping you will give up or accept less. They hire doctors to review your medical records and conclude your injuries are minor or pre-existing. They offer a settlement that barely covers your medical bills and tells you to be grateful.
You have the right to fight back. Your insurance policy is a contract. Your insurer has a legal duty to handle your claim in good faith. When they do not, when they delay or deny a legitimate claim to save money, they can be held accountable.
We deal with bad faith insurance practices every day. We know when an insurer is stalling. We know when they are low-balling. We know when they are violating their own policy terms. And we know how to force them to honor their obligations.
Colorado law requires drivers to carry liability insurance, but not everyone follows the law. Some drivers have no insurance at all. Others carry the state minimum—$25,000 per person for bodily injury—which does not come close to covering serious injuries.
If the at-fault driver has no insurance or not enough insurance to cover your damages, you are not out of luck. Your own insurance policy likely includes uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. This coverage steps in when the at-fault driver cannot pay what you are owed.
But your insurance company will not make this easy. They will investigate your claim just as aggressively as if you were claiming against someone else’s policy. They will argue over fault. They will challenge the value of your injuries. They will try to pay you the minimum they can get away with.
You need someone who knows how UM and UIM claims work in Colorado. These claims have specific notice requirements and deadlines. If you do not follow the rules, you can lose your right to recover. If you settle with the at-fault driver’s insurer without protecting your rights under your own policy, you can forfeit your UM or UIM claim.
We handle these claims the right way. We make sure every source of recovery is protected. We do not let you sign away rights you did not know you had.
If you had any medical issues before the car accident—back pain, neck problems, arthritis, prior injuries—the insurance company will use that against you. They will argue that your current pain and limitations are not from this crash. They will claim you are trying to blame the accident for problems you already had.
This is one of the most common tactics adjusters use to deny or reduce claims. And it works on people who do not know their rights.
Here is the truth: you are entitled to compensation if the accident made your pre-existing condition worse. Colorado law recognizes the “eggshell plaintiff” rule. It means the at-fault driver takes you as they find you. If you had a bad back before the crash and the crash made it worse, the at-fault driver is responsible for the worsening. If the crash turned a manageable condition into a disabling one, the at-fault driver is liable for that harm.
But proving this requires medical evidence. It requires documentation showing what your condition was before the crash and how the crash changed it. It requires doctors who can testify about causation. It requires someone who knows how to present this evidence in a way that shuts down the insurance company’s arguments.
The insurance company will demand access to all your medical records going back years. They are hoping to find something they can use to deny your claim. Do not give them blanket authorization. Do not hand over records without understanding how they will be used. And do not try to hide prior injuries, because that will destroy your credibility.
We know how to handle cases involving pre-existing conditions. We get the right medical opinions. We draw the clear line between what you had before and what the crash caused. We do not let the insurance company use your medical history as an excuse to pay you nothing.
In Colorado, you generally have three years from the date of the car accident to file a personal injury lawsuit. Three years sounds like a long time. It is not.
Insurance companies know this. They will drag out negotiations. They will ask for more documentation. They will schedule independent medical exams months out. They will make lowball offers and then go silent for weeks. They will do everything they can to run out the clock.
If you do not file a lawsuit before the statute of limitations expires, your case is over. It does not matter how strong your evidence is. It does not matter how badly you were injured. The court will dismiss your case and you will recover nothing.
There are exceptions. If the injured person is a minor, the statute of limitations is tolled until they turn 18. If the at-fault driver leaves the state, the clock may pause. But these exceptions are narrow and you cannot count on them.
Do not wait until year two to talk to a lawyer. Do not assume you have plenty of time. Cases take time to investigate and build. Medical treatment takes time. Negotiations take time. If you wait too long, you force your lawyer to file a lawsuit before your case is ready, or you lose your right to file at all.
The sooner you call, the more options you have.
The insurance adjuster will make an offer. It might come quickly, within days of the accident. It might come after weeks of negotiation. Either way, the offer will sound reasonable. They will frame it as fair compensation. They will tell you it is what cases like yours are worth. They will pressure you to accept before you talk to a lawyer.
Do not believe them.
Insurance companies use software to calculate settlement offers. These programs spit out a number based on your medical bills, lost wages, and a formula for pain and suffering. The number is always lower than what a jury would award. Always. That is the point.
The adjuster is not trying to be fair. They are trying to close your file as cheaply as possible. They know most people do not know what their case is worth. They know most people are desperate for money to pay medical bills. They know most people will take the first offer just to make the stress go away.
What they do not tell you is that once you sign the release, you can never come back for more money. If your injuries turn out to be worse than you thought, if you need surgery down the road, if you develop chronic pain, if you cannot return to work—none of that matters. You already settled. You are done.
We know what car accident cases are worth in Loveland and throughout Colorado. We have handled hundreds of these claims. We know what juries award. We know what cases settle for when the insurance company is facing a trial. We know when an offer is insulting and when it is in the ballpark.
You should never accept a settlement offer without talking to a lawyer first. The consultation costs you nothing. The information could be worth tens of thousands of dollars.
Loveland sits at the intersection of major highways and local traffic. Interstate 25 runs nearby. Highway 34 cuts through town. Drivers are commuting to Fort Collins, heading to Estes Park, navigating construction zones, dealing with weather that changes by the hour. Accidents happen on rural roads where speed limits are high and shoulders are narrow. They happen in parking lots. They happen at intersections where visibility is poor.
Local law enforcement responds. Reports get filed. But the quality of those reports varies. Sometimes the investigating officer does not have all the facts. Sometimes witnesses leave before giving statements. Sometimes fault is not clear from the report, and the insurance company uses that ambiguity to deny your claim.
We know how to work in Loveland. We know the local courts. We know the judges. We know how cases move through the system. We know which insurance companies operate in the area and which adjusters we are likely to deal with. We know the medical providers, the physical therapy clinics, the specialists who treat car accident injuries.
This is not a national firm that handles your case from another state. This is not a call center. McCormick & Murphy, P.C. represents clients in Northern Colorado. We know this community. We know these roads. We know what it takes to win here.
Most car accident cases settle before trial. Insurance companies know this. They also know which lawyers are willing to take a case to trial and which lawyers will fold under pressure.
If the insurance company knows your lawyer will never file a lawsuit, they have no reason to offer fair compensation. They will low-ball you and wait for you to accept. They will drag out negotiations knowing your lawyer will eventually pressure you to settle because they do not want to do the work of preparing for trial.
We are not that firm.
We prepare every case as if it is going to trial. We gather the evidence. We line up expert witnesses. We take depositions. We file the lawsuit when the insurance company refuses to make a fair offer. And we take cases to verdict when that is what it takes to get you what you deserve.
The insurance company knows this about us. They know we are not bluffing. They know we have tried cases and won. That changes the negotiation. Suddenly the offers get more reasonable. Suddenly the adjuster has authority to pay more. Suddenly your case is worth what it should have been worth all along.
You need a lawyer the insurance company respects. You need a lawyer who is not afraid of the courtroom. You need a lawyer who will fight for you, not just process your claim.
We handle car accident cases on a contingency fee basis. That means you pay nothing upfront. No retainer. No hourly fees. No out-of-pocket costs while your case is pending.
We get paid only if we recover compensation for you. Our fee is a percentage of the settlement or verdict. If we do not win, you owe us nothing.
This levels the playing field. The insurance company has lawyers on staff getting paid whether they win or lose. You should not have to drain your savings to afford legal representation. You should not have to choose between paying medical bills and hiring a lawyer.
Contingency fees mean everyone has access to experienced legal representation regardless of their financial situation. It also means we have every incentive to maximize your recovery. The more you get, the more we get. We are on the same team.
During your free consultation, we will explain exactly how our fee structure works. No surprises. No hidden costs. You will know what to expect before you sign anything.
Cuando te pongas en contacto McCormick y Murphy, PC, you will speak with someone who listens. We will ask about the accident. We will ask about your injuries. We will ask about the insurance company and what they have said to you. We will ask what you need.
We will tell you honestly whether we think you have a case. Not every accident results in a valid personal injury claim. If the facts do not support a case, we will tell you. If you have a claim but you can handle it on your own, we will tell you that too.
If we take your case, we get to work immediately. We contact the insurance companies and tell them to stop calling you. We send preservation letters to make sure evidence is not destroyed. We start gathering records. We identify every potential source of recovery. We build your case while you focus on getting better.
You will have direct access to your lawyer. Not a paralegal. Not a case manager. Your lawyer. When you call, we call back. When you have questions, we answer them. This is your case. You deserve to know what is happening every step of the way.
You did not cause this accident. You should not have to pay for someone else’s mistake. You should not have to fight the insurance company alone while you are trying to heal.
Call McCormick & Murphy, P.C. at 888-668-1182. We represent car accident victims in Loveland, Fort Collins, Greeley, and throughout Northern Colorado. The consultation is free. The advice is honest. And if we take your case, you pay nothing unless we recover compensation for you.
The insurance company has lawyers. You should too.
Call 911 if anyone is injured. Move to safety if you can. Exchange information with the other driver but do not discuss fault. Take photos of the vehicles, the scene, and any visible injuries. Get contact information for witnesses. Seek medical attention even if you feel fine—some injuries do not show symptoms right away. Do not give a recorded statement to any insurance company before talking to a lawyer.
No. You are not legally required to give a recorded statement to the other driver’s insurance company. Many people do not realize this and end up saying things that hurt their claim. Even your own insurance company can use your words against you. Politely decline and contact a lawyer before providing any statement.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. While that may sound like plenty of time, you should not wait. Evidence disappears, witnesses forget details, and insurance companies use delay as a tactic. The sooner you take action, the stronger your case will be.
If the at-fault driver has no insurance or carries only minimum coverage, you may be able to recover compensation through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. These are separate claims under your own policy, but your insurer will still fight to minimize what they pay. An experienced lawyer can help you navigate these claims and protect your rights.
Yes, as long as you are less than 50% at fault. Colorado follows a modified comparative negligence rule. Your total recovery will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $50,000, you can recover $40,000. If you are 50% or more at fault, you cannot recover anything.
Every case is different. The value depends on the severity of your injuries, your medical expenses, lost wages, how the accident affects your daily life, whether you have permanent limitations, and how clear the other driver’s fault is. Insurance companies use formulas that undervalue claims. An experienced lawyer evaluates your case based on what similar cases have settled for and what juries have awarded, not what the insurance company’s software says you deserve.
Yes, they can and often do. When you file a claim under your own uninsured or underinsured motorist coverage, your insurance company is now the one paying the claim. They have the same financial incentive to minimize or deny it as any other insurer. They may delay, demand unnecessary documentation, question your injuries, and make low settlement offers. You have the right to fight back, and a lawyer can hold your own insurer accountable.
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