How Insurance Companies Handle Colorado Car Accidents Involving Out-of-State Drivers

Getting into a car accident in Colorado with an out-of-state driver can pose a variety of issues for your auto accident claim. In these types of cases, insurance companies may handle your claim a bit differently, which could impact your settlement and the overall claims process. At The Law Offices of Edward Smith LLC, our collective years of experience handling car accident cases in Colorado have equipped us with the experience and knowledge needed to help our clients get the compensation they deserve. So, keep reading to find out how insurance companies handle and investigate out-of-state driver car accidents and how this affects your claim.

Which State’s Laws Typically Apply?

If an out-of-state driver causes a car accident in Colorado, this often creates a more complex claim process. Generally speaking, the state where the accident occurred usually governs how these types of cases are handled. And because Colorado follows an at-fault insurance system, this means that the at-fault driver is usually responsible for damages. Keep in mind that this may not always be completely straightforward if the at-fault driver’s insurance company operates under a different type of system than an at-fault system. There can also be some complications regarding policy limits since other states may have different insurance policy limits than Colorado. So, if the out-of-state driver doesn’t have enough coverage to cover your damages, your UM/UIM coverage will usually have to fill this gap. Having legal representation is especially critical for these types of accidents so that you aren’t pushed around or confused by insurance carriers.

How Insurance Companies Investigate These Claims

Even if a Colorado car accident is caused by an out-of-state driver, the insurance companies will still usually investigate in much the same way. The insurance companies for both drivers will perform their own investigations to determine who is at-fault for the accident and how extensive the damages are. These investigations often include:

• Reviewing police reports.
• Reviewing witness statements.
• Evaluating liability according to Colorado law.
• Working with adjusters.
• Assessing vehicle damage.
• Reviewing medical evidence.

You should expect these investigations to take a bit longer, especially on the side of the out-of-state insurance. Communication may also be slower, and there is more risk of disputes, depending on what type of system the out-of-state insurance follows.

Common Challenges in Out-of-State Driver Claims

Although Colorado law will govern car accidents that happen within the state, even if they involve out-of-state drivers, these cases can become complicated. Here are some examples of common challenges you may run into when you file an out-of-state driver claim in Colorado:

• Minimum liability limits: One of the main issues with out-of-state driver claims is dealing with the different insurance companies and policy limits. According to Ed Smith, a former insurance attorney, the top issue with these types of claims is convincing the out-of-state insurer that they must comply with Colorado minimum liability limits.
• Communication delays: Communication with insurance companies, even during a standard auto accident claim, can be tricky. But this becomes even more difficult with out-of-state insurance, which can result in additional delays throughout the claims process.
• Fault disputes: If the at-fault driver is used to a different type of legal system, they may not understand why they are at-fault for the accident. This can result in disputes over fault, which may make it necessary to pursue a lawsuit.

You should never try to handle an out-of-state driver claim on your own without the help of a Colorado auto accident attorney. An attorney will represent you and protect your rights, handling all negotiation and communication with the other involved parties. Also, once your attorney gets involved, you won’t need to communicate with any insurance companies. By having your attorney handle this line of communication, you can avoid accidentally saying something that could damage your case.

Types of Compensation That May Be Available

Even if your damages come from an out-of-state driver, this doesn’t remove your right to receive compensation. You will just need to be able to provide proof of your damages so that you can get a fair settlement. Here are some examples of damages that you can receive compensation for in many Colorado car accident cases:

• Medical expenses
• Lost wages
• Future treatment costs
• Property damage
• Pain and suffering

Your out-of-state driver auto accident attorney can help you determine what types of compensation you should seek. They can also help you build a strong claim with supporting evidence that proves the extent of your damages and establishes that the other driver was at-fault.

FAQ Section

Does it matter if the driver who hit me lives in another state?

This can affect your claim in some ways, but accidents that occur in Colorado generally follow Colorado law, which uses an at-fault system.

Will I have to file a claim in another state?

Not necessarily. The auto accident claim process is ultimately determined by the details of the accident and the insurance policy of the out-of-state driver. In most cases, you will need to file your car accident claim in Colorado for any accidents that occur within the state.

Can an out-of-state insurance company deny my claim because I live in Colorado?

No, your claim can’t be denied outright simply because you live in Colorado, as you still have the right to seek compensation for your damages. If a fair settlement cannot be reached, you and your attorney can begin the process of formal litigation.

Get Legal Representation From a Colorado Car Accident Attorney Today

Because Colorado has such a high number of tourists and business travelers, it isn’t out of the ordinary for this to result in car accidents involving out-of-state drivers. And when this happens, you should get the help of a Colorado car accident attorney who can protect your right to receive compensation and negotiate with the out-of-state insurance companies on your behalf. At The Law Offices of Edward Smith LLC, our personal injury attorneys in Colorado can help you understand how insurance carriers handle out-of-state driver car accidents and how this can impact your claim. To work with an experienced car accident lawyer, contact us today at 303-682-2944 for a free consultation.