- Don’t expect an insurer to suggest it. The adjuster on your claim works for the insurer, and nothing in Colorado’s statutory list of unfair claim practices requires an insurer to suggest a lawyer or addresses what an adjuster says about lawyers (C.R.S. 10-3-1104).
- The other driver’s insurer isn’t your insurer. Colorado’s law against unreasonable delay or denial protects first-party claimants, and it excludes a person making a claim against someone else’s liability policy (C.R.S. 10-3-1115).
- Colorado does define unfair claim practices. They include, when done willfully or as a general business practice, misrepresenting facts or policy terms and not attempting in good faith a prompt, fair settlement when liability is reasonably clear (C.R.S. 10-3-1104).
- Your insurer has additional duties to you. If it unreasonably delays or denies a benefit it owes you, you may be able to sue for two times the covered benefit plus reasonable attorney fees and court costs (C.R.S. 10-3-1116).
- Some claims don’t need a lawyer. A property-damage-only claim with no injury and no dispute about fault is one you may be able to handle yourself.
- Deadlines keep running while you negotiate. You generally have to start a Colorado lawsuit over a motor vehicle crash within three years (C.R.S. 13-80-101).
If you’re wondering, “do insurance companies want you to get a lawyer?” we can’t speak for every insurer, but none of the Colorado statutes we cite on this page require one to recommend it. The adjuster handling your claim works for the insurance company, and what that company pays on your claim is a cost to it.
You don’t have to assume bad intent to see that your interests and the insurer’s point are in different directions.
That doesn’t mean every claim needs a lawyer, and we’ll clearly explain below which claims may not. If you’d like a second opinion on yours, CGH Injury Lawyers in Denver offers a free consultation, and there’s no fee unless we win. Send a note through the contact form for our Denver office or call (303) 209-9395.
This page provides general information only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.
Who the Insurance Adjuster Works For
After a crash you may deal with two insurance companies, and they owe you different things.
| Insurer | Its relationship to you | What Colorado law says |
|---|---|---|
| The other driver’s liability insurer | You’re a claimant against its policyholder. You have no contract with it. | You aren’t a “first-party claimant” under the unreasonable delay or denial statute (C.R.S. 10-3-1115). |
| Your insurer (MedPay, collision, uninsured, or underinsured motorist coverage) | You’re the policyholder. It owes you the benefits in your policy. | It can’t unreasonably delay or deny a benefit owed to you (the same statute). |
An insurance adjuster for the other driver’s company is doing a job for that company. The adjuster may be polite and helpful but may also be evaluating how little the company can resolve the claim for.
You may have read that insurance companies don’t want you to hire a lawyer. We can’t speak for every company or every adjuster. What we can tell you is how the relationship works and what we’ve seen in our cases.
What We’ve Seen in Our Cases
Our firm publishes its verdicts and settlements. On that page we note that many of those results “followed insurance offers we rejected as too low.” You can read the list on our page of case results from Denver and across Colorado.
Past results do not guarantee a similar outcome. Every case turns on its facts, injuries, and available insurance coverage.
We share that because it’s what our opinion rests on. The page doesn’t list the offers, and it doesn’t predict what any other claim will resolve for. We explain how insurers build offers in our post on why a first settlement offer is so low in Colorado.
What You May Hear From an Adjuster, and What to Do
None of the statements below is improper on its face. Pause on each one before you answer.
| What you may hear | What to do |
|---|---|
| “You don’t need a lawyer for this.” | Thank them and decide for yourself. An adjuster who says you don’t need a lawyer isn’t acting as your legal advisor. |
| “We just need a quick recorded statement.” | Ask what it will be used for. You can say you’d like to talk with a lawyer before you agree. |
| “Sign this form so we can get your medical records.” | Read what the form covers before you sign. Our post on blanket medical authorizations in Colorado explains the risk. |
| “This proposal is our final offer.” | Ask for the explanation in writing. Ask what the policy limit is. |
| “You were partly at fault, so we’re reducing the offer.” | Ask what investigation supports that. See the next section. |
| “If you hire a lawyer, they’ll just take a third.” | Ask a lawyer what the fee would be and what they think the claim is worth. Then compare. |
Our post on the insurance adjuster trap in Colorado claims goes deeper into how insurers use recorded calls.
What Colorado Requires of Insurance Companies
Colorado law lists unfair claim settlement practices. An insurer commits one when it does any of the listed acts willfully or often enough to show a general business practice (C.R.S. 10-3-1104). The list includes:
- Misrepresenting pertinent facts or insurance policy provisions relating to the coverages at issue
- Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear
- Failing to promptly provide a reasonable explanation, based on the policy and the facts or law, for denying a claim or for offering a compromise settlement
One item speaks directly to people making a claim against another driver. It’s an unfair practice to raise comparative negligence as a defense or partial offset in a third-party claim “without conducting a reasonable investigation and developing substantial evidence in support thereof” (C.R.S. 10-3-1104).
That matters because a fault argument can reduce an offer. Under Colorado’s comparative negligence law, your damages are reduced in proportion to your share of negligence, and you generally recover nothing if your share is equal to or greater than the other person’s (C.R.S. 13-21-111).
Three limits on this statute are worth knowing:
- It applies to willful conduct or a general business practice.
- Its list doesn’t mention an insurer telling you that you don’t need a lawyer (C.R.S. 10-3-1104).
- It defines unfair practices. It doesn’t by itself tell you whether you can sue over one.
If you believe an insurer is treating you unfairly, the Colorado Division of Insurance takes complaints from consumers through its online Consumer Portal or by mailed form.
When You Don’t Need a Lawyer to Deal With the Insurance Company
You may not need a lawyer for a claim that only involves property damage, where nobody was hurt and fault isn’t disputed.
You may be able to handle the claim yourself when all of these are true:
- Nobody was hurt, and nobody has developed symptoms since
- The claim is only for repairs, a rental car, or a totaled vehicle
- The other driver’s insurer has accepted fault
- The offer covers the repair estimate or the vehicle’s value
A contingent fee comes out of the recovery. On a small property claim, hiring one may not leave you with more money, and a lawyer should tell you that.
Two cautions go with this arrangement. First, wait until you’re sure about your health before signing an injury release, because you may not know the full extent of an injury in the first days.
Second, the deadline to file a lawsuit over a motor vehicle crash, generally three years, keeps running while you negotiate (C.R.S. 13-80-101). Other deadlines can be shorter, including for claims against a government body.
Signs It’s Time to Call a Denver Car Accident Lawyer
It may be time to call a lawyer when you were hurt, fault is disputed, or the insurer’s offer came before your treatment ended.
Consider calling a lawyer if any of these apply:
- You were hurt, especially if you’re still treating
- The insurer says you were partly or mostly at fault
- The offer arrived before you finished medical care
- The at-fault driver has minimum limits or no insurance
- More than one vehicle, or a commercial vehicle, was involved
- The adjuster has asked for a recorded statement or a broad records release
- A health plan, Medicaid, or Medicare paid your bills and may ask for repayment
- Your insurer is slow to pay or has denied a benefit
On the third point, our post on when not to accept a settlement offer in Denver explains why an early offer asks you to price care you haven’t had yet.
If you’d like to know what a lawyer would have to prove, see our post on what it takes to win a car accident lawsuit in Denver.
What Changes When You Have a Lawyer
Hiring a lawyer can change how the claim is presented and who does the work:
- One point of contact. You can ask the adjuster to send questions to your lawyer.
- Your lawyer gathers the evidence. That includes records, bills, photos, witness statements, and proof of lost income.
- Your lawyer tests the fault argument. Colorado lists it as an unfair claim practice to raise comparative negligence in a third-party claim without a reasonable investigation and substantial evidence when it’s done willfully or as a general business practice (C.R.S. 10-3-1104).
- Your lawyer checks the coverage. That includes the at-fault driver’s limit and the uninsured or underinsured motorist coverage on your policy.
- A lawsuit becomes an option. If the offer isn’t fair, your lawyer may be able to file suit before the deadline.
There’s a cost, and you should weigh it. A contingent fee is a share of the recovery, so ask what the percentage is and how expenses are handled before you sign anything.
“No fee unless we win” describes the attorney’s fee. Expenses are separate.
If the Problem Is Your Insurance Company
Sometimes the company that is slow to act is the one you pay premiums to. That’s a different legal situation, and Colorado law may give you more protection in it.
Colorado law says an insurer “shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant” (C.R.S. 10-3-1115). A delay or denial is unreasonable when the insurer had no reasonable basis for it. If that happens, you may be able to bring an action to recover reasonable attorney fees, court costs, and two times the covered benefit (C.R.S. 10-3-1116).
Such situations can come up with MedPay, collision coverage, and uninsured or underinsured motorist claims. Our Denver bad faith insurance lawyers page explains how these claims work.
Talk to a Denver Car Accident Lawyer Before You Decide
You don’t have to hire anyone to find out where you stand. Bring the adjuster’s letters and your questions, and we’ll tell you whether we think you need a lawyer. Sometimes the answer is that you don’t.
Our car accident lawyers in Colorado work from our Denver office. The consultation is free, and there’s no fee unless we win. Call (303) 209-9395 or use our Denver contact page.
How any of these rules applies to you depends on the facts of your claim and your policy, so ask a Colorado attorney whether it fits your situation.
Frequently Asked Questions
Do insurance companies want you to get a lawyer?
Don’t expect one to suggest it. An adjuster works for the insurance company, and Colorado’s statutory list of unfair claim settlement practices doesn’t require an insurer to recommend a lawyer or address what an adjuster says about hiring one (C.R.S. 10-3-1104). Whether you need one depends on your injuries, the dispute over fault, and the coverage involved.
Do I need a lawyer to work with the insurance company after a car accident?
Not always. If nobody was hurt, fault isn’t disputed, and the offer covers your vehicle, you may be able to handle the claim yourself. If you were injured, fault is contested, or the offer came before you finished treatment, consider speaking with a lawyer first.
What should I do if the other driver’s insurance company asks for a recorded statement?
Ask how the recording will be used, and tell the adjuster you want to talk to a lawyer before deciding. A request from your insurer is a separate matter, so read your policy or have a lawyer read it.
What can I do if an insurance company is treating me unfairly in Colorado?
You can file a complaint with the Colorado Division of Insurance, which regulates insurers in the state. If your insurer unreasonably delayed or denied a benefit it owes you, Colorado law may allow an action for two times the covered benefit plus reasonable attorney fees and court costs (C.R.S. 10-3-1116).
Written by CGH Injury Lawyers.
Attorney Advertising. CGH Injury Lawyers.
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 deadline, rule, or outcome applies to your case. Statute-of-limitations, comparative negligence, insurance, and compensation questions require case-specific legal review.
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