Date of Loss 11/15/01 prior to Tort, Insurance Settlement Question
I was involved in an accident on the 15 of November 2001. I have about 35,000 in medical bills and lost work time since then. I also had another accident on the 28th of November in which the vehicle in this accident was also declared a total loss.
So a recap, 2 accidents, 13 days apart. Both vehicles totalled.
The issues and question I have is, although every medical professional that examined me determined that the injury was due to the first collision, the insurance company refuses to accept anything more then the 2 weeks that passed from the first accident to the last. I am wondering if there is any case law in the state of colorado that takes into consideration the medical professional's opinion to make the determination as to which accident is liable for the injury. They stated that colorado law permits them to only accept the liability for the time between the first and second accident. Is this true?
Answered on: 12/26/03, 9:53 am by Peter W. Thomas, Esq.
Re: Date of Loss 11/15/01 prior to Tort, Insurance Settlement Question
No attorney could give you a precise answer without a detailed review of the records relating to liability and medical issues surrounding both accidents. For illustrative purposes only, let's assume that you broke your leg in the first accident and received no injuries at all from the second accident. The other driver in both cases was issued a citation for reckless driving. Under the former no-fault statute in place at the time of your accident (which was recently replaced in Colorado with a more common fault standard), your insurance company would be responsible for covering PIP payments to you up to a maximum amount of $50,000/$50,000. Assuming you then file suit against the driver at fault, that driver's insurance company would be responsbile for compensating you for injuries, pain and suffering, property damages, and similar such damages, no matter the event of the intervening accident, so long as it could be reasonably proved that your damages are not causally connected to the second accident. Your insurance company would retain a subrogration right for reimbursement. So in sum, though the specific facts of your particular case will largely dictate the answer, the insurance company likely is wrong in maintaining that it is only responsibile for the 2 week period between the two accidents. Feel free to call us at 303-260-6424 if you would like to discuss the matter in further detail. Happy holidays.
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