The first phone call usually comes within hours. Sometimes the same day. A friendly voice from the insurance company asking how you’re doing, expressing concern, wanting to “help you get this sorted out quickly.” They make it sound like they’re doing you a favor by calling so soon.
They’re not.
Every question they ask has a purpose. Every answer you give will be used to pay you less than your case is worth. And if you’ve just been in a car accident in Lakewood—if you’re hurt, scared, and dealing with the shock of what just happened—you probably don’t realize that the person on the other end of that phone is not on your side. They never were.
The insurance company has one job: protect their bottom line. Your job is to protect yourself. That starts with understanding what you’re actually dealing with and what rights you have that they don’t want you to know about.
The moments right after a collision are critical. What you do—or don’t do—in those first hours can determine whether you recover full compensation or spend years fighting for what should have been yours from the start.
If you’re able, call 911. Get a police report. Even if the damage looks minor, even if the other driver is apologizing and offering to pay out of pocket, get law enforcement involved. You need documentation. You need an official record of what happened before memories fade and stories change.
Take photos. The vehicles. The street. Traffic signals. Skid marks. Debris. Your injuries. Everything. Insurance adjusters will later claim the damage wasn’t that bad or that your injuries couldn’t have come from this accident. Photos taken at the scene are harder to dispute than your word against theirs three months later.
Get information from the other driver. Name, phone number, insurance company, policy number, license plate. If there are witnesses, get their contact information too. Witnesses disappear. Memories fade. Collect what you need while everyone is still there.
Seek medical attention immediately. Even if you feel fine. Adrenaline masks pain. Some of the most serious injuries—traumatic brain injuries, internal bleeding, soft tissue damage—don’t show symptoms right away. If you wait three days to see a doctor, the insurance company will argue you weren’t really hurt. They will say that if the accident caused serious injury, you would have gone to the hospital right away. Do not give them that argument.
And when the insurance adjuster calls—because they will call—you are not required to speak with them. You are not required to give a recorded statement. You are not required to sign anything. In fact, you shouldn’t. Not yet. Not until you understand what you’re signing and what you might be giving up.
Insurance companies train their adjusters to sound sympathetic. They use first names. They express concern. They tell you they just want to “help you get back on your feet.” It’s a script. A very effective one.
Behind that friendly voice is a system designed to minimize payouts. The adjuster calling you has a file with your name on it and a number representing how much the company is willing to pay. That number is always lower—sometimes dramatically lower—than what your case is actually worth. Their job is to close your case for that number or less.
They will ask you to describe what happened. They will record it. And they will use every word you say to deny or reduce your claim. If you say you “didn’t see” the other car, they will argue you were negligent. If you say you feel “okay,” they will argue you weren’t injured. If you mention any prior aches or pains, they will claim your injuries are pre-existing and unrelated to the accident.
You think you’re just telling your story. They’re building a case against you.
This is why attorneys tell clients not to give recorded statements. Not because you have something to hide. Not because you’re lying. But because insurance companies are very good at twisting honest answers into reasons to deny your claim.
Colorado follows a modified comparative negligence rule. That means you can recover compensation even if you were partially at fault for the accident—as long as you were less than 50% responsible. If you were 20% at fault, your recovery is reduced by 20%. If you were 51% at fault, you get nothing.
Insurance companies know this. And they will do everything they can to shift blame onto you.
They will say you were speeding. That you changed lanes without signaling. That you were distracted. That you should have braked sooner. They will take the police report—which is often based on incomplete information gathered at a chaotic scene—and use it to argue that you caused or contributed to the crash.
Sometimes the police report is wrong. Officers arrive after the fact. They talk to drivers who are shaken and confused. They make quick determinations based on limited information. A police report is evidence, but it’s not the final word. It can be challenged. It can be supplemented with witness statements, accident reconstruction, and physical evidence that tells a different story.
Fault is not always obvious. Fault is not always what the other driver claims. And fault is not always what the insurance company says it is. It’s what the evidence shows. And gathering that evidence—before it disappears, before witnesses forget, before video footage is deleted—is something that needs to happen quickly.
Most people think a car accident claim is just about fixing the car and covering the medical bills. It’s not. Colorado law allows you to recover compensation for every loss the accident caused. That includes things most people don’t realize they can claim.
Medical expenses are the starting point. Not just what you’ve paid already, but what you will pay. Future surgeries. Ongoing physical therapy. Prescription medications. Medical equipment. If your doctor says you need it because of this accident, it’s part of your claim.
Lost wages matter. If you missed work because of the accident, you’re entitled to compensation for that income. If your injuries prevent you from working in the future—or force you into a lower-paying job because you can’t do what you used to do—that’s a recoverable loss too.
Pain and suffering is real. It’s not some abstract legal concept. It’s the fact that you wake up in pain every day. That you can’t pick up your kids without your back spasming. That you have headaches that won’t go away. That you’re anxious every time you get in a car. The law recognizes that these injuries are real and compensable, even though they don’t come with a receipt.
Property damage goes beyond the vehicle. If personal items were damaged in the crash—a laptop, a phone, a child’s car seat—those losses count. If you had to rent a car while yours was in the shop, that counts. If the diminished value of your vehicle after repairs affects what you can sell it for later, that counts too.
The insurance company will try to limit your claim to the most obvious, easily documented expenses. They will offer you a check for your medical bills and car repairs and act like that’s the end of it. It’s not. It’s not even close.
You pay your premiums every month. You expect your insurance company to be on your side when something goes wrong. And then you file a claim and realize they’re not much different from the other driver’s insurer.
If the other driver doesn’t have insurance—or doesn’t have enough—you turn to your own policy for coverage. Uninsured motorist coverage. Underinsured motorist coverage. This is exactly what you’ve been paying for. But now your own insurance company starts acting like the opponent.
They question your injuries. They dispute the value of your claim. They delay. They offer lowball settlements. They act as if paying your valid claim is some kind of favor they’re doing you, rather than the contractual obligation you’ve been funding for years.
It’s jarring. It feels like betrayal. And it’s completely legal under the way insurance contracts are written. Your insurance company has a duty to pay valid claims, but they also have a financial interest in paying as little as possible. And when those two things conflict, you need someone fighting for your interests, not theirs.
It usually comes fast. Sometimes within days of the accident. A check. A release form. A letter explaining that they’re offering this settlement to “help you move forward” and avoid the “hassle of a lengthy claims process.”
It sounds reasonable. You need money. Your car is totaled. You have medical bills. The insurance company is offering to pay them. Why wouldn’t you take it?
Because once you sign that release, it’s over. You can’t come back later when you realize your injuries are worse than you thought. You can’t renegotiate when your doctor tells you that you need surgery. You can’t ask for more when you discover that your back pain isn’t going away and you can no longer do your job.
Insurance companies make fast offers because they know injuries evolve. They know that what feels like a sore neck today might be a herniated disc tomorrow. They know that once you sign, you’re done—and they’ve closed your case for pennies on the dollar.
The right time to settle a case is when you know the full extent of your injuries and losses. Not before. Never before. And certainly not because an insurance adjuster made you feel like this is your only chance.
Colorado requires drivers to carry auto insurance. Not everyone does. And some people carry only the bare minimum—coverage so low it won’t come close to covering serious injuries.
If you’re hit by an uninsured driver, you’re not out of luck. You turn to your own uninsured motorist coverage. This is a separate part of your policy that kicks in when the at-fault driver has no insurance. It’s designed to put you in the same position you’d be in if the other driver had been properly insured.
If the other driver has insurance but not enough, underinsured motorist coverage fills the gap. Say the at-fault driver has a $25,000 policy limit, but your medical bills alone are $60,000. Your underinsured motorist coverage can make up the difference, up to your policy limits.
This is why having adequate UM/UIM coverage matters. It’s not just for the other driver. It’s for you. It’s the safety net that catches you when someone else’s bad decision or financial irresponsibility leaves you injured and facing losses they can’t cover.
But even with your own coverage, you still have to prove the claim. You still have to show that the other driver was at fault. You still have to document your injuries and losses. And your own insurance company will still fight to minimize what they pay. The fact that it’s your policy doesn’t mean they’re going to make it easy.
If you had any injury, ache, or medical condition before the accident, the insurance company will try to use it against you. They will claim that your current pain is just the old problem flaring up. That the accident didn’t cause anything new. That you’re trying to blame them for something that was already wrong.
It’s a common tactic. And it’s often based on a misunderstanding—sometimes a deliberate one—of how injuries work.
Yes, you may have had lower back pain before. But the accident made it worse. You may have had arthritis in your neck. But the collision aggravated it to the point where you can no longer function. The law recognizes this. You don’t have to be in perfect health for an accident to injure you. You’re entitled to compensation for the aggravation of a pre-existing condition. For the new harm the accident caused.
The insurance company will send you to their own doctor. An “independent” medical examiner who is anything but independent. This doctor will review your records, spend fifteen minutes with you, and write a report saying your injuries are pre-existing or unrelated to the accident. That report will become the basis for denying or reducing your claim.
Fighting this requires your own medical evidence. Records showing what your condition was like before the accident and what it’s like now. Testimony from your treating physicians—the doctors who actually know you, who have followed your treatment, who can explain the difference between chronic pain you learned to live with and acute injury that has derailed your life.
Pre-existing conditions don’t disqualify you from compensation. But they do give the insurance company a talking point. And if you don’t have an advocate who knows how to counter it, that talking point becomes the reason they pay you nothing.
The earlier, the better. Before you give a recorded statement. Before you sign anything. Before you say something to an insurance adjuster that gets used against you for the next two years.
You don’t need an attorney because you’re trying to get rich off an accident. You need one because insurance companies are very good at what they do. They have lawyers. They have investigators. They have doctors on call who will write reports that support their position. They have decades of experience minimizing claims and closing cases for less than they’re worth.
You need someone who has seen their playbook. Someone who knows what they’re going to argue before they argue it. Someone who can gather the evidence, build the case, and fight for the compensation you’re entitled to under the law—not the lowball offer they hope you’ll accept out of fear or desperation.
The consultation is free. The case evaluation is free. You don’t pay unless there’s a recovery. That’s how personal injury law works. The risk is on the attorney, not on you. Which means you have nothing to lose by making the call and everything to gain by understanding your rights before it’s too late to protect them.
Lakewood sits at the intersection of major roadways—Colfax Avenue, Wadsworth Boulevard, 6th Avenue. Heavy traffic. Aggressive drivers. Intersections where accidents happen daily. An attorney who knows these roads, who has handled cases at these intersections, who understands how local law enforcement investigates crashes and how local insurance adjusters evaluate claims—that knowledge matters.
Traffic patterns affect fault determinations. Road design affects liability arguments. Knowing which intersections have a history of accidents, which roads have inadequate signage, which areas see the most hit-and-run incidents—that’s not something you get from a national law firm with no local presence. That’s the kind of insight that comes from practicing in this community, handling these cases, and knowing the landscape.
You also want an attorney who can meet you where you are. Who knows Lakewood. Who can visit the accident scene, talk to local witnesses, and gather evidence without needing a GPS and a local guide. Proximity matters when your case requires quick action and personal attention.
Kirk McCormick and Jay Murphy have spent their careers representing people injured through no fault of their own. They know how insurance companies operate because they’ve gone up against them hundreds of times. They know the tactics, the delays, the arguments designed to wear you down until you settle for less than your case is worth.
They’ve seen what happens when someone gives a recorded statement too early. When someone signs a release without understanding what they’re giving up. When someone tries to handle the claim alone and gets buried in paperwork, deadlines, and legal maneuvering they weren’t prepared for.
They’ve also seen what’s possible when someone has the right advocate. When the evidence is gathered correctly. When the case is built methodically. When the insurance company realizes they’re not dealing with someone who will accept a lowball offer and go away.
From the first consultation to the final settlement or verdict, you work directly with Kirk and Jay. Not a paralegal. Not a case manager. The attorneys handling your case. Returning your calls. Answering your questions. Fighting for the outcome you deserve.
The firm handles cases throughout the Denver metro area, including Lakewood, Wheat Ridge, Arvada, Westminster, Thornton, Aurora, Littleton, Centennial, Highlands Ranch, Boulder, Fort Collins, and surrounding communities. If you were injured in a Colorado auto accident, they can help.
Colorado gives you three years from the date of the accident to file a personal injury lawsuit. Three years sounds like a long time. It’s not. Evidence disappears. Witnesses move. Memories fade. Surveillance footage gets deleted. The longer you wait, the harder it becomes to prove what happened and who was at fault.
Insurance companies know this. They will drag out negotiations, delay responses, and make you wait—because time is on their side. The closer you get to the statute of limitations, the more desperate you become. The more willing you are to settle for less just to get it over with.
Don’t let that happen. Don’t wait until you’re up against a deadline to protect your rights. The best time to call an attorney was the day of the accident. The second-best time is right now.
If you’ve been injured in an auto accident in Lakewood or anywhere in the Denver metro area, you don’t have to face the insurance company alone. You don’t have to accept their version of what happened or their offer of what your case is worth. You have rights. You have options. And you have experienced attorneys ready to fight for the compensation you deserve.
Call McCormick & Murphy at 888-668-1182 for a free consultation. No fees unless there’s a recovery. No pressure. Just honest answers about your case and what comes next.
Visit https://mccormickmurphy.com/denver-personal-injury-attorneys/ to learn more about how we help accident victims throughout Colorado protect their rights and recover the compensation they’re entitled to under the law.
Call 911 and get a police report, even if the damage seems minor. Take photos of the vehicles, the scene, traffic conditions, and your visible injuries. Exchange information with the other driver—name, phone number, insurance details, and license plate. If there are witnesses, get their contact information before they leave. Seek medical attention right away, even if you feel fine, because some injuries don’t show symptoms immediately and delaying treatment gives the insurance company ammunition to argue you weren’t really hurt.
No. You are not legally required to give a recorded statement to the other driver’s insurance company. You should provide basic information to your own insurer under your policy’s cooperation clause, but you do not have to give a detailed recorded statement to anyone before speaking with an attorney. Insurance adjusters are trained to ask questions designed to minimize your claim. What sounds like a harmless conversation is actually being used to build a case against you. Politely decline and contact an attorney first.
Colorado’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. If you don’t file within that time, you lose your right to seek compensation in court. While three years may seem like plenty of time, evidence degrades quickly—witnesses forget details, video footage is deleted, and physical evidence disappears. The sooner you start building your case, the stronger it will be.
If the at-fault driver is uninsured, you can file a claim under your own uninsured motorist (UM) coverage. If they have insurance but their policy limits are too low to cover your damages, your underinsured motorist (UIM) coverage can make up the difference. These coverages are designed to protect you when the responsible party can’t or won’t pay what you’re owed. You still have to prove the other driver was at fault and document your losses, but your own insurance policy becomes the source of recovery.
Yes, as long as you were less than 50% responsible. Colorado follows a modified comparative negligence rule, which reduces your recovery by your percentage of fault. If you were 20% at fault, you can still recover 80% of your damages. If you were 51% or more at fault, you cannot recover anything. Insurance companies will try to inflate your share of the blame to reduce what they have to pay, which is why accurate evidence and strong legal representation matter.
The value depends on your specific damages—medical expenses (both past and future), lost wages, pain and suffering, property damage, and any permanent impairment or disability the accident caused. No honest attorney can give you a number without reviewing your medical records, understanding the full extent of your injuries, and knowing how the accident has affected your life. Be wary of anyone who promises a specific settlement amount before investigating your case. The insurance company will lowball you. The right attorney will fight for full compensation based on what the evidence actually shows.
If the other driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage can step in to cover your injuries and losses. You may also have medical payments coverage (MedPay) or personal injury protection (PIP) that pays for medical bills regardless of fault. However, even your own insurance company will scrutinize your claim, question your injuries, and try to minimize what they pay. The fact that you’ve been paying premiums doesn’t mean they’ll make the claims process easy.
Almost never. Early settlement offers come before you know the full extent of your injuries. They come before you’ve finished treatment, before you know if you’ll need surgery, before you understand whether your pain is temporary or permanent. Once you accept a settlement and sign the release, you give up the right to seek additional compensation—even if you later discover your injuries are far worse than you thought. Insurance companies make fast offers because they know injuries evolve and they want to close your case cheap before you realize what it’s actually worth.
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