Insurance Claims After a Crash
- MedPay coverage from your own policy pays your medical bills after a crash, regardless of who caused the accident.
- The at-fault driver's liability policy covers both property damage to your vehicle and bodily injury from your medical care.
- If the at-fault driver had no insurance or not enough insurance, your own UIM coverage can make up the difference.
When you are in a car crash, there can be a lot of consequences. You may have to miss work, seek regular medical care, figure out how to get your car repaired or replaced, arrange temporary transportation, and deal with different insurance policies and claims. Below, we outline four types of insurance claims you might face after a car crash.
Medical Payments Claim
Medical payments (MedPay) coverage is a part of your own car insurance policy. It provides coverage for the medical expenses you have from a car crash. Importantly, these payments are made to you regardless of who is at fault in your accident. And, again, they are part of your insurance policy. So if a third party crashes into you and hurts you, you can make a claim with your own insurance company under your MedPay policy. Then, once the claim is opened, your insurance company will step in and pay for your medical care under that policy. MedPay is just one of several insurance claims that you may need to make after a crash.
If you are unsure whether you have MedPay coverage, review your declarations page or ask your insurer directly. It is a coverage that many Colorado drivers carry without fully understanding when it applies.
At-Fault Liability Property Damage Claim
You will need to get your vehicle repaired. To do that, you will need to open a claim under the at-fault driver's liability policy. The at-fault driver's liability policy covers both property damage and bodily injury. For the property damage of your vehicle, the claim will be valued based on estimates for repair or, if your car is totaled, the value of your vehicle. Because estimates and appraisals are fairly objective and can be verified, it is typically less difficult to reach agreement on a fair settlement for property damage than it is for bodily injury.
If you believe the repair estimate or total-loss valuation is too low, you have the right to dispute it. An experienced car accident attorney can help you challenge a lowball property damage offer before you sign a release.
At-Fault Liability Bodily Injury Claim
You may need medical care and treatment. As mentioned, the at-fault driver's liability policy covers bodily injury as well as property damage. What that means is that you will open an insurance claim under the driver's policy, and the bodily injury coverage will be used to pay for your care. Once the claim is opened, you will continue to receive the medical treatment or care that you need until you physically recover as much as you are going to. At that point, you can accurately estimate what your medical costs have been and will be, and you can settle your bodily injury claim.
In addition to at-fault claims there may be other insurance claims you can make after a car accident. Settling a bodily injury claim too early, before your treatment is complete, can result in a settlement that does not cover your full losses. A Denver car accident lawyer can help you decide when the time is right to settle and how to value the claim accurately.
Uninsured/Underinsured Motorist (UIM) Claim
If the at-fault driver either does not have insurance or does not have enough insurance, you may also deal with a UIM claim. UIM coverage, like MedPay, is part of your own insurance policy. It is only implicated once you try to make a claim or settle with the at-fault driver's insurance policy. So if a person crashes into you and hurts you, you would first try to open up the claims we discussed above (claims under that person's at-fault property damage coverage and bodily injury coverage). If the person does not have insurance, or if the total amount of the person's policy is less than what you need to compensate you or make you whole, you then can make a claim under your own UIM coverage, if you have that coverage as part of your policy.
Because many people do not have much insurance coverage, it is important to make sure you have UIM coverage in your policy. The UIM coverage will be used to pay the difference between your damage and what the at-fault policy covered. For more detail on how UIM claims work in Colorado, see CGH's guide on car accidents with uninsured drivers in Colorado.
Why the Claims Process Is Complicated
These brief descriptions of these claims are meant only to give you some basic ideas about what insurance claims you might expect after a crash. But, ultimately, insurance policies and the entire claims procedure can be complicated and confusing. Claims adjusters will not make it easier for you, and getting it wrong can mean that you are never made whole.
Experienced legal counsel will help you navigate the claims process and ensure a fair settlement. If you are managing multiple open claims at the same time, each with its own adjuster and timeline, it is especially easy to miss a deadline or accept a settlement offer that does not reflect your actual losses. Read CGH's overview of the Colorado car accident statute of limitations to understand the lawsuit deadline that runs alongside the insurance process.
If you have been in a car crash, call a personal injury attorney at Cheney Galluzzi & Howard today.
Frequently Asked Questions
What is MedPay and do I have to use it after a crash?
MedPay is medical payments coverage included in your own auto insurance policy. It pays your medical bills after a crash regardless of fault. You are not required to use it, but it can provide fast coverage while an at-fault claim is still being sorted out.
Can I make a bodily injury claim and a property damage claim at the same time?
Yes. Both claims fall under the at-fault driver's liability policy, but they are handled separately. Property damage claims are often resolved faster because repair estimates are more objective. Bodily injury claims typically stay open until your treatment is substantially complete so the full extent of your losses can be calculated.
What happens if the at-fault driver has no insurance?
If the at-fault driver is uninsured or underinsured, you may be able to make a UIM claim under your own policy. The UIM coverage steps in to cover the difference between your losses and what the at-fault driver's policy paid, up to your own policy limits.
Should I settle my property damage claim before my bodily injury claim?
You can settle them on different timelines, but be careful about signing any release. Some releases for property damage may also release bodily injury claims. Read everything carefully before signing, and consult an attorney if you are unsure what a release covers.
Do I need a lawyer to make an insurance claim after a crash?
You are not required to have a lawyer, but claims adjusters work for the insurance company, not for you. An experienced personal injury attorney can help you avoid mistakes, meet deadlines, and make sure any settlement covers your actual losses, including future medical needs.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any insurance coverage, claim process, or outcome applies to your situation. Insurance policy questions, claims procedures, and settlement decisions require case-specific legal review.
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