Settlements in Colorado Car Accident Cases
What happens if you get into a car accident in Colorado and the insurance adjuster doesn’t want to settle?
When the insurance adjuster doesn’t give an offer you think is fair, the next step is to file a lawsuit. This can be a challenge for people who haven’t filed a case before. With an experienced lawyer, the steps are the same, but you will have confidence with each step you take.
The first step is filing the complaint. You will have to draft document that will provide notice to the defendant of what happened to you. There are court rules that dictate what this includes.
The next step is serving the complaint on the defendant – that is the person who is at fault in your car accident. Unfortunately, the police report is not always accurate, and the defendant can be hard to find. Sometimes private investigators are required to just find the defendant in a case. If the Defendant avoids getting served – which happens a lot, since people don’t like being sued, you may need to file motions with the Court to get permission for alternative or substituted service. This is a simple step, but it can quickly become challenging when the defendant does stay in one place for a long period of time.
At some point, you will be required to meet with the defendant, or their representative, and the judge. When you do this, you will have to establish the rules of discovery in the case. That’s the time when a lot of the evidence has to be exchanged between parties.
By filing your case with the court, either side has the right to conduct discovery. Discovery can consist of, medical exams, inspection of property, review of documents and more.
Most cases are able to settle, but if you haven’t, you will have to try your case. Doing so will require a lot of preparation and a knowledge of the law and facts of your case. Also, bear in mind that even though most cases settle, car insurance companies are going to be really cheap in their settlements if they don’t believe you can beat them in court. This is normally why people hire lawyers to help with car accidents.