Filing a car accident case in Colorado Springs usually begins with an insurance claim, but some disputes require a personal injury lawsuit in court.
An insurance claim asks an insurer to pay covered losses, while a lawsuit formally asks a court to resolve a legal claim against a responsible party.
You do not have to file a lawsuit simply because you were injured in a crash, and you do not always have to finish negotiating with an insurance company before taking legal action.
The appropriate next step depends on the injuries, available insurance, disputed fault, and applicable filing deadlines.
Colorado uses a fault-based auto insurance system, so a driver who caused the accident may be legally responsible for another person’s resulting injuries and property damage.
An auto accident can involve both a bodily injury claim and separate property damage claims, and the procedure for each may differ.
This guide explains how to start a claim, what happens when negotiations fail, and what to expect if the case proceeds through the Colorado courts.
Springs Law Group represents people injured in car accidents throughout Colorado Springs and surrounding communities.
Our Colorado Springs car accident lawyers offer free consultations to discuss insurance claims, potential lawsuits, and the evidence relevant to an injury case.
An insurance claim is a request for payment under an applicable policy, often made before any court action is filed.
A third-party liability claim generally seeks compensation from the at-fault driver’s insurance company for bodily injury or property damage, while a first-party claim seeks benefits available under your own policy.
Your own auto insurance policy may provide collision coverage, medical payments benefits, or uninsured or underinsured motorist coverage, depending on the coverage purchased and its terms.
Colorado requires minimum liability insurance of $25,000 for bodily injury or death per person, $50,000 per accident, and $15,000 for property damage, although drivers may carry higher limits.
These bodily injury liability limits describe the required insurance coverage, not the maximum damages an injured person could establish.
A lawsuit is different because it invokes the court’s authority to decide disputed legal claims, determine damages, and enter a judgment.
The injured person typically sues a responsible driver or another legally liable party, rather than simply filing a lawsuit against an insurer because an adjuster made a low offer.
Separate claims directly against an insurer may be available in some coverage disputes, but those involve different legal requirements.
Many accident cases settle without a lawsuit, and a lawsuit can still settle after it is filed.
For disputes involving coverage or delayed benefits, our Colorado Springs insurance claim lawyer page explains additional considerations.
The first stage is usually to document the collision, obtain appropriate medical care, and notify the relevant insurance companies.
You may file a claim by contacting your insurance agent, calling the claims number on your policy, or using an insurer’s website or mobile application.
You can generally begin an insurance claim without hiring a lawyer, although serious injuries or disputed liability may make the process more complicated.
The following steps provide a practical starting point:
When reporting the claim, provide accurate basic facts, including when and where the accident occurred, the vehicles and parties involved, and any injuries you know about.
Do not guess about speed, the cause of the crash, or symptoms that have not yet been evaluated, and review your policy’s cooperation requirements before responding to a request for a recorded statement.
Colorado does not impose a universal 30-day deadline for reporting every accident to your own insurer, so notify your insurer promptly and follow the reporting terms of your policy.
A police crash report can be valuable, but an officer’s initial opinion does not conclusively establish civil fault.
Likewise, a lack of a police report does not automatically prevent an injury claim when other evidence supports what happened.
Photographs, witness statements, vehicle damage, dashcam footage, and available surveillance recordings may become especially important when drivers disagree about the collision.
If you obtain an official report, check that it correctly identifies the drivers, vehicles, and location, and ask the reporting agency about correcting factual errors.
Insurance adjusters may use these materials to assess the claim, but their conclusions do not finally establish who was at fault.
For a more detailed discussion, see our guide to collecting evidence in Colorado Springs car accident cases.
After the claim is opened, the insurer generally reviews how the crash occurred, whether its policy covers the loss, and what compensation is supported by the available documentation.
The adjuster may request photographs, repair estimates, medical information, employment records, or statements from the drivers and witnesses.
Questions about medical treatment, pre-existing conditions, responsibility for the crash, or insurance limits can affect the settlement discussion.
An adjuster may point to gaps in treatment as a reason to question injury severity or argue that the person had recovered, but a gap alone does not prove that an injury healed or was unrelated to the accident.
Colorado does not require a doctor’s visit within 72 hours to preserve an injury claim, but seeking appropriate medical care promptly can help document symptoms and treatment.
Some head-injury symptoms can appear later, and CDC guidance calls for immediate emergency attention when serious warning signs develop.
An injured person may then present a settlement demand explaining why the other party is legally responsible, the supporting evidence, and the financial compensation requested.
A demand package may contain medical records and bills, proof of lost wages, photographs, witness statements, and records of future treatment costs when those needs can be reasonably established.
The insurance company may accept the request, make a counteroffer, seek additional information, or dispute part of the claim.
An early settlement offer does not necessarily reflect the full value of an injury claim, particularly when treatment is continuing and future expenses remain uncertain.
In some serious personal injury cases, waiting until the person’s condition stabilizes or a treating clinician can assess maximum medical improvement may make future losses easier to evaluate.
Maximum medical improvement is not a universal legal prerequisite to settlement, and the need to preserve filing deadlines may affect the appropriate timing.
A fair settlement should account for injuries and reasonably supportable losses, but there is no fixed point at which every claim must settle.
Before accepting a final settlement, review whether the agreement includes a release that would prevent additional claims relating to the same accident.
An experienced personal injury attorney or car accident attorney may help evaluate a settlement offer, coverage issues, and whether the documented losses are adequately addressed, but legal representation does not guarantee a better outcome.
A settlement is not required to equal the claimant’s opening demand, and no attorney can promise that an insurer will agree to a particular amount.
A lawsuit may be appropriate when an insurer disputes liability, the parties cannot agree on compensation, or a filing deadline is approaching.
It may also be needed to obtain evidence through court procedures when important information cannot be obtained voluntarily.
However, an insurer’s denial does not automatically establish that a lawsuit will succeed, and a lawsuit does not need to wait until every settlement discussion has ended.
A claim may move toward litigation for several reasons:
Filing a personal injury lawsuit preserves a method of pursuing the claim through court, but it does not guarantee that the injured person will recover compensation or require the case to proceed all the way to trial.
A personal injury lawsuit generally involves preparing a complaint identifying the parties, describing the events that gave rise to the claim, stating the legal basis for liability, and requesting appropriate relief.
The person bringing the lawsuit is the plaintiff, and the other party being sued is a defendant.
Depending on the crash, the defendant might be the at-fault driver, an employer, or another person or business legally responsible for the loss.
The complaint sets out the plaintiff’s allegations and requested relief, but filing it does not establish that the defendant caused the accident.
In Colorado district court, Rule 3 of the Colorado Rules of Civil Procedure permits a civil action to begin either by filing the complaint or by first serving a summons and complaint, subject to the rule’s filing requirements.
The defendant must be formally served with the summons and complaint under the applicable rules and must receive an opportunity to respond.
Colorado Rule of Civil Procedure 4 governs service of process in district court cases, including the delivery of a summons and complaint to a defendant.
The Colorado Judicial Branch’s Rule 4 amendments provide updated information about these requirements, while county court cases follow separate procedural rules.
Colorado Springs is in El Paso County, which is part of Colorado’s Fourth Judicial District along with Teller County.
The correct court depends on jurisdiction, the amount and type of damages sought, and the applicable venue rules.
A qualifying civil claim seeking $25,000 or less may be heard in county court, while larger personal injury lawsuits are generally brought in district court.
The Colorado Judicial Branch’s county civil case guidance explains the county court process for smaller claims.
The proper court and procedures should be determined for the particular case rather than assuming that every Colorado Springs car accident lawsuit belongs in district court.
Filing a complaint begins the formal dispute, but many important steps still occur before a trial becomes necessary.
The sequence varies depending on the court, claims, defenses, and whether the parties reach a settlement.
A lawsuit may involve the following stages:
Filing a lawsuit does not end the opportunity to settle.
Negotiations can continue during discovery, mediation, or trial preparation, and many cases resolve before a verdict.
The court process can nevertheless take longer than a straightforward insurance claim, particularly when injuries are serious or several defendants are involved.
A car accident attorney may assist with preparing filings and managing deadlines, although the amount of work needed and the procedures followed vary among personal injury cases.
A person injured through another party’s negligence may seek compensation for legally recoverable losses caused by the crash.
The amount depends on the evidence, the available insurance coverage, applicable legal limits, and whether the injured person shares fault.
Recoverable damages may include:
Some permanent physical impairments and disfigurement claims receive distinct treatment under Colorado law.
If an accident causes a death, surviving family members may have a separate wrongful death claim governed by additional rules.
Our discussion of car accident damages and common injuries explains these losses in more detail.
Under Colorado Revised Statutes Section 13-21-111, an injured claimant’s negligence may reduce the damages available in a car accident lawsuit.
In an ordinary two-driver negligence case, a claimant found 50% or more responsible generally cannot recover from the other driver.
For example, $100,000 in proven damages would generally be reduced to $80,000 if the claimant was found 20% responsible.
Cases involving multiple defendants or designated nonparties can require additional fault-allocation analysis.
See our Colorado Springs comparative negligence guide for a fuller explanation.
Under Colorado Revised Statutes Section 13-80-101(1)(n), many lawsuits involving bodily injury or property damage arising from the use or operation of a motor vehicle must be commenced within three years after the claim accrues.
For many crashes, the deadline is measured from the accident date, although the facts and applicable accrual rules can change that calculation.
Filing an insurance claim or continuing settlement negotiations does not ordinarily suspend the lawsuit deadline.
Different limitations periods may apply to wrongful death, certain product liability claims, and other claims arising from the same accident.
If a government entity is involved, claims subject to the Colorado Governmental Immunity Act can require written notice within 182 days after discovery of the injury under C.R.S. Section 24-10-109.
Uninsured and underinsured motorist benefits may involve separate deadlines and policy conditions.
Our Colorado car accident statute of limitations guide provides further information about these exceptions.
The decision to file a car accident lawsuit should reflect the evidence, available insurance coverage, extent of the injuries, and legal deadlines, rather than the size of an insurer’s first offer alone.
Springs Law Group represents people injured in Colorado Springs motor vehicle collisions and offers free consultations to discuss possible claims and next steps.
Our attorneys handle car accident matters involving disputed liability, injury-related losses, insurance negotiations, and litigation where appropriate.
A personal injury attorney can help explain differences between a claim against the driver’s insurance company and a lawsuit against an at-fault driver or another responsible party.
If you have questions about starting an insurance claim or filing a lawsuit, contact Springs Law Group for a free consultation or use the chat feature on this page.
Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
