Auto accidents can be incredibly difficult for the injured victim to handle. Mark A. Simon works personally with his clients to provide them with council they can rely on for results they need.
A person injured in an accident may have several different insurance claims. Medical coverage and payment of some medical bills is sometimes obtained through “no fault medical coverage” through the insured's auto insurance or possibly the owner of the vehicle. Insurance is often sold in the amount of $5,000 by insurance companies and the insured party will have a claim against the insurance company for the driver at fault. Colorado law requires each driver to have $25,000 liability coverage, which is often insufficient to cover most damages. The injured may have access to underinsured motorist coverage as well.
If the driver who has caused the accident has no insurance, there are often other insurance options available to cover medical issues, but they become much more complex. Some of these options would include seeking aid from health insurance, medicaid, or medicare, but there is no clear path to follow after an accident.
Many people seek the advice of a Denver car accident attorney, such as Mr. Simon when it comes to what type of medical care would be most advantageous for their particular situation. Mark A. Simon typically represents those with extreme injuries.
If the accident was the fault of the other driver, you will need to collect the name of his/her insurance company, claim and/or policy number. A copy of your police report is a good way to locate this information. If you have MedPay on your insurance policy, your insurance company will be responsible for payment of your medical bills up to your policy limit.
B. Legal Rights:
If you are injured in a car accident due to the fault of another driver, you are entitled to assert a claim for bodily injury against their insurance company. This includes seeking reimbursement for your medical bills, lost wages, damages for pain and suffering, inconvenience, emotional stress, impairment of the quality of life, physical impairment and disfigurement.
IMPORTANT: You have exactly three years from the date of your accident to settle your claim with the insurance company or file a lawsuit. Failure to settle or file suit by this date will result in the total loss of your legal rights in the claim.
C. Medical Treatment & Bills:
Most importantly, you will want to seek immediate and appropriate medical care for your injuries. You will want to submit all medical bills to our office as a result of the accident. For example, you would submit bills for the ambulance, emergency room and physical therapy. If you do not have health insurance or Med Pay on your insurance policy and you are unable to pay for the bills as they are incurred, we can refer you to a treatment provider that treats on a lien basis which means that they will treat you and not require payment until your case has settled.
Upon completion of your medical care, our office will gather together all of your medical records, medical bills, and related accident documentation. Mark will prepare these documents along with a comprehensive legal analysis and submit this information as a demand to the insurance company.
E. Fees and Costs:
Mark Simon works on a contingency fee basis, charging a percentage of the total settlement amount, at the end of your settlement. Therefore, we have incentive to get the most for your case. Should you decide to proceed with a lawsuit, Mark will notify you of additional potential costs. You are not required to put any money down and any costs covered by our office will be recovered out of your final settlement.
Frequently Asked Questions:
Q: What if the driver that hit me doesn’t have insurance?
A: You will need to determine if you have purchased Uninsured Motorist Coverage applicable to you. Uninsured Motorist Coverage allows the insurance company to fill in for the other driver’s insurance company and pay your medical bills and damages. You may also be eligible for Uninsured Motorist Coverage through a resident relative.
Q: How long does it take to reach a settlement?
A: After you have finished with your medical care, our office will begin creating your demand for submission to the insurance company. Once the demand has been submitted to the insurance company, it can take from 4 – 6 weeks for an initial offer of settlement from the insurance company. Mark will continue negotiations until an acceptable offer of settlement is reached, with your permission. If the insurer doesn’t resolve your claim, you have the option of having us file a lawsuit to recover your damages.
Q: Will the other driver’s insurance pay for my medical care?
A: The other driver’s insurance company is responsible for the payment of your medical bills resulting from the accident at the end of your claim. They are not responsible for paying your bills as they are incurred. If you had health insurance, or MedPay coverage on your insurance policy at the time of the accident, Mark can submit your medical bills to your insurance company.
Q: How much is my case worth?
A: The insurance company evaluates your case based on the following items among others: 1) the nature of your injuries and permanent impairment, 2) property damage, 3) the total amount of medical bills, 4) length and type of treatment, 5) lost wages or vocational impairment, 6) expenses, and 7) factors such as pain, suffering, emotional stress and inconvenience. The ultimate value of your case also revolves around the policy limit of the other driver. In Colorado, drivers are required to have a minimum of $25,000.00 liability coverage; many drivers have more coverage and you may have Uninsured/Underinsured Motorist Coverage under your insurance. ANY ATTORNEY WHO TELLS YOU THEY CAN DETERMINE THE VALUE OF YOUR CLAIM WITHOUT COMPREHENSIVE EVALUATION OF YOUR INJURIES AND ALL OF THE CIRCUMSTANCES OF THE ACCIDENT IS MISLEADING YOU.
Q: What do I do if the insurance company is offering me less than my case is worth or refuses to settle?
A: If you feel that the insurance company is offering you a settlement less than the value of your case, your option is to file suit against the other driver or insurance company.
Q: Am I entitled to future medical benefits after I settle with the insurance company?
A: If you do not have health insurance, or MedPay coverage, once you sign settlement paperwork, you are not entitled to future medical benefits or reimbursement for medical costs, so it is important not to settle your case prematurely.
July 4, 2018
There are more than 50 million car accidents on American roads each year. Sadly, this means that there are several thousands of fatalities, as well as millions of injuries. In Colorado, it is important to stay focused while driving, especially while on the state’s steep, winding roads. Some of the leading causes of accidents in Colorado include:
● High speeds: Those who do not follow posted speed limits face life-changing consequences to both them and those they share the road with. Often times there are tight curves to go around or stretches that require lower speeds. Just as important—many drivers do not drive three seconds behind the person in front of them. This can lead to getting rear-ended more easily.
● Texting and distractions: Both teens and adults are guilty of texting or distracted driving. Everything can change in just one second. Also, in one second, a driver can flip through radio stations, or try to start their GPS as they try to determine the best way to get to their destination. In other cases, a cell phone may ring, or a person might be trying to scarf down a meal on their way to work or an event. When driving, one’s focus needs to be at 100 percent, using techniques from the DMV’s defensive driving 101.
● Under the influence: Just one drink can lead to a person crashing into someone else. This goes the same for drugs. As a driver, not only should you know your limits, but you should know that driving after any consumption of drugs or alcohol is never okay. Not only does it endanger you and those in your vehicle, but others out on the road. In Colorado, a DWAI charge can occur if a person has a 0.05 blood alcohol content rating in their system. For marijuana, it is five nanograms of THC. However, just because you are under these limits does not mean you are safe to drive. Avoid it at all costs.
Upon going to a hospital after a car accident, the bills will come in the mail down the road. It is crucial to keep every single document that you receive. When working with your insurance, they will request to have the bills submitted. It is a best practice for you to make copies of every document prior to sending out any originals.
After visiting a hospital after an accident, the bills will come shortly after. You may have bills for each different area, or other areas, such as a bill for being checked out, a bill covering time assistants provided care or assistance, ambulance ride, labs, testing, and more. It may all seem confusing, especially when your insurance is not covering what they should.
If you have been in an accident, and are experiencing issues having your medical covered, getting a lawyer may be your best option. Hospital bills can be thousands of dollars—or more. When you are trying to treat your injuries and get back into premier health, it is frustrating to feel punished for something that was not your fault. This also applies when you feel your settlement for your vehicle is not far either. When you work with a top, local lawyer, they will work hard to get your medical bills paid and a fair amount for your car.
Have you been in an auto accident in Denver? Know the laws and steps to take. Next, make sure you keep go-to Denver attorney Mark A. Simon in your phone, so you can call about any problems you have in the days after the accident. Within a few weeks to a month, you will begin to see any warning signs that your insurance company will not fairly treat your claim. Call 303-321-HURT to discuss your claim and see what options to have to settle your case.
March 22, 2017
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September 19, 2016