
Understanding Insurance Tactics After an Accident: Protecting Yourself from Liability Traps

At Harding & Associates, P.C., we frequently handle cases involving bicycle and car accidents, which can be particularly complex. In a recent case, we represented a cyclist who was hit by a car, resulting in a broken femur and $70,000 in medical bills. This case highlighted several key legal concepts that are essential for anyone dealing with similar situations.
When a car hits a cyclist or pedestrian, determining who is responsible for paying the medical bills can be complicated. Even if the at-fault driver admits fault, they often only write one check at the end of the process, not as bills come in. This means you must rely on your health insurance initially. However, understanding how insurance works in these scenarios is crucial, particularly the concept of “stacking” insurance policies.
In our case, the driver was borrowing a friend’s car, which introduced two levels of insurance coverage: the owner’s insurance and the driver’s own insurance. On top of that, the cyclist’s own uninsured/underinsured motorist (UIM) coverage applied, even though they were on a bicycle at the time of the accident. This is an essential point—UIM coverage follows you whether you’re driving, cycling, or even walking, as long as a car is involved in the accident.
“Stacking” allows you to combine multiple insurance policies to cover the full extent of your damages. In our case, we stacked the insurance from the car owner, the driver, and the cyclist’s UIM coverage to maximize the settlement. This process can be complex, especially since you need to secure permission from your UIM provider before accepting policy limits from the at-fault party. Failing to do so can jeopardize your ability to collect the full amount of available insurance.
Another critical aspect is how health insurance interacts with settlements. Under Colorado’s “Make Whole” law, if you receive the full policy limits from the at-fault party, it’s presumed that you’ve been made whole, meaning you may not have to repay your health insurance for the medical expenses they covered. This can significantly impact the final amount you receive.
However, federal laws, particularly those involving Medicaid and Medicare, can complicate this process. These programs require proper notice and often have the right to reimbursement, making it crucial to navigate these rules carefully to maximize your recovery.
Given the complexity of these cases, from understanding insurance stacking to navigating the “Make Whole” law, having experienced legal representation is crucial. Without proper guidance, you might miss out on significant compensation. At Harding & Associates, P.C., we work closely with our clients to ensure they receive the full benefits of all available insurance coverage and are fully compensated for their injuries.
Bicycle and car accident cases require a deep understanding of both state and federal laws, as well as the intricacies of insurance policies. By stacking insurance and leveraging legal protections like Colorado’s “Make Whole” law, we ensure that our clients are fully compensated. If you’ve been involved in a similar accident, Harding & Associates, P.C. can guide you through the process to secure the compensation you deserve.
Service Areas: We proudly serve Denver and the surrounding areas, including Aurora, Lakewood, Littleton, and other nearby communities.
For expert legal advice and representation in bicycle and car accident cases, contact Harding & Associates, P.C.. Call us at 303-762-9500 or visit hlaw.com for a free consultation.
The Premises Liability Act is the legal framework in Colorado that determines the responsibilities of property owners toward people on their land. The law classifies individuals into three categories: trespassers, licensees, and invitees, each with different levels of protection.
The classification of your status on the property is crucial because it directly impacts the level of responsibility the property owner has toward you. For instance, if you’re injured as an invitee, the property owner has a duty to inspect their property regularly and address any potential hazards. This higher standard of care means you have a better chance of holding the property owner accountable for your injuries.
Determining liability in premises liability cases isn’t always straightforward. In one of our cases, a client was injured on a sidewalk. The situation was complicated because the sidewalk was owned by the city, but the adjacent property owner was responsible for its maintenance. We had to determine whether the city or the property owner was liable for our client’s injuries. These cases often involve multiple parties, and understanding who is responsible requires a thorough investigation.
In cases involving government property, like sidewalks, it’s essential to act quickly. Under the Governmental Immunity Act (GIA), you must file a notice of claim within 182 days of the incident. Missing this deadline can bar you from recovering any damages, no matter how strong your case is.
Another critical aspect of premises liability cases is how medical bills are handled. After an injury, your health insurance might negotiate down the amounts you owe, which can affect your settlement if not handled properly. Insurance companies might try to pay only the reduced amount, not the full bill.
At Harding & Associates, P.C., we understand how to navigate these tactics. We advise our clients to redact the reduced amounts from their medical bills when submitting them to the opposing party. This strategy is based on the “collateral source doctrine,” which prevents the at-fault party from benefiting from the discounts your insurance company has negotiated.
By sending only the full amounts of your medical bills, you ensure that your settlement reflects the true cost of your care, not the discounted amount. For example, if your hospital bill was initially $29,000, but your insurance reduced it to $8,500, presenting the full amount can result in a significantly higher settlement.
Premises liability cases are often complicated, involving intricate legal concepts like the PLA, GIA, and collateral source doctrine. Without the right legal guidance, you could easily overlook key details that affect your compensation. At Harding & Associates, P.C., we have extensive experience handling these cases, ensuring that our clients understand their rights and receive the full compensation they’re entitled to.
Our firm is committed to helping you navigate the legal process, from determining liability to ensuring that your medical expenses are fully covered. We work closely with you to build a strong case, utilizing our knowledge of Colorado law to maximize your recovery.
If you’ve been injured on someone else’s property, understanding the complexities of premises liability law is essential to securing the compensation you deserve. At Harding & Associates, P.C., we have the expertise to guide you through every step of the process, from identifying the responsible parties to ensuring that your medical bills are fully compensated.
Service Areas: We proudly serve Denver and the surrounding areas, including Aurora, Lakewood, Littleton, and other nearby communities.
For expert legal advice and representation in premises liability cases, contact Harding & Associates, P.C. Call us at 303-762-9500 or visit hlaw.com for a free consultation.
When you’re involved in a personal injury case, understanding the tactics used by insurance companies is crucial. Phil Harding of Harding & Associates, P.C., offers valuable advice on how to protect your rights and secure fair compensation.
Insurance companies often attempt to settle quickly after an accident, offering amounts that seem generous but are typically far below what you deserve. Their main goals are to protect their insured and minimize payouts. Accepting an initial settlement without consulting an attorney could leave you under-compensated for your injuries and damages.
In Colorado, it’s illegal for the opposing party to request a statement within 15 days of an accident if you’re injured. However, some may still try to obtain early statements to catch you off guard. Early statements can be risky because your injuries may not be fully apparent, and discrepancies in your accounts can be used against you later. For example, if you misjudge the speed of the other vehicle, the opposing party could use data from the car’s Event Data Recorder (EDR) to challenge your credibility.
Another key point Harding emphasizes is the importance of how you document and present your medical expenses. After an accident, your health insurance often negotiates and reduces medical bills, which is reflected in your Explanation of Benefits (EOB). The opposing insurance might try to settle based on these reduced amounts. However, you’re entitled to the full amount billed, not just the portion covered by your health insurance. Harding advises redacting the EOB before submitting it to the opposing insurance company to ensure you receive full compensation.
Expert witnesses and modern technology, such as Event Data Recorders, can provide critical support for your case. EDRs record data like speed, brake application, and seatbelt usage, which can be vital in reconstructing an accident and determining fault. Expert witnesses, whether medical professionals or accident reconstructionists, can offer authoritative opinions that strengthen your case.
Navigating a personal injury case involves more than just understanding the law; it requires being aware of the tactics insurance companies use to reduce their liability. Phil Harding’s insights highlight the importance of thorough documentation, careful timing, and professional guidance. With the right approach, you can protect your rights and secure the compensation you deserve.
If you’re involved in a personal injury case, having the right legal support can make all the difference. At Harding & Associates, P.C., we are committed to helping you navigate the complexities of dealing with insurance companies, ensuring that you’re not shortchanged by quick settlements or unfair tactics. Don’t face the challenge of securing fair compensation alone—reach out to our experienced team to get the guidance and representation you need. Whether it’s understanding insurance tactics, documenting medical expenses, or leveraging expert witnesses, we’ll help you build a strong case. Contact Harding & Associates, P.C. today to schedule a consultation and learn how we can assist you in protecting your rights and achieving the compensation you deserve.
Service Areas: We proudly serve Denver and the surrounding areas, including Aurora, Lakewood, Littleton, and other nearby communities.
At Harding & Associates, P.C., we understand that navigating complex legal battles, especially those involving technical or medical issues, often requires specialized knowledge. That’s where expert witnesses come into play. These professionals provide the insights and opinions necessary to clarify intricate details of a case, which can be the deciding factor in its outcome.
In legal proceedings, there are generally two types of witnesses: lay witnesses and expert witnesses. Lay witnesses testify about what they personally observed, such as an eyewitness to a car accident. In contrast, expert witnesses go beyond mere observation, offering opinions based on their specialized knowledge, skills, and experience. This distinction is crucial in cases involving complex issues that require detailed explanations beyond common knowledge.
At Harding & Associates, we have utilized expert witnesses across various disciplines. For example, in personal injury cases, we often bring in medical experts to testify about the extent of injuries and future treatment needs. In other scenarios, such as car accidents, we might enlist accident reconstruction experts or engineers to provide a detailed analysis of how an incident occurred.
In Colorado, the use of expert witnesses is governed by the Colorado Rules of Evidence (CRE) 702. This rule allows individuals qualified by their knowledge, skill, experience, training, or education to testify in court and provide opinions on matters within their field of expertise. This capability is what sets expert witnesses apart from lay witnesses and makes them invaluable in helping the jury or judge understand the technical aspects of a case.
One notable example we encountered involved a client with a brain injury. Traditional imaging techniques like CT scans and standard MRIs showed no significant findings, but by employing a neuroradiologist who used advanced imaging technology, known as a 3T MRI, we were able to detect subtle but critical injuries. This expert’s ability to explain the nuances of the injury significantly bolstered our client’s case.
At Harding & Associates, we distinguish between two categories of expert witnesses: retained and non-retained. Non-retained experts are typically professionals like treating doctors who are already involved in the case due to their existing relationship with the client. They testify based on their direct involvement in the client’s care and do not require as much formal preparation to establish their credibility in court.
Retained experts, on the other hand, are specifically hired to provide expert testimony in a case. These individuals, often referred to as “hired guns,” bring in their expertise to analyze case details and provide an opinion. Because retained experts are brought in solely for litigation purposes, they must undergo a more rigorous process to establish their qualifications, including presenting their curriculum vitae (CV) and detailing their experience, education, and previous court testimony.
Choosing the right expert witness is critical for a successful case outcome. Not all experts are created equal, and the effectiveness of an expert’s testimony often depends on their ability to clearly communicate complex information to a jury. We have seen firsthand how the right expert can make a significant impact on the outcome of a case.
In addition to expert witnesses, we at Harding & Associates also utilize modern technology to support our cases. Event Data Recorders (EDRs), often referred to as “black boxes” for cars, record crucial data such as speed, brake usage, and airbag deployment before, during, and after a crash. This data can be invaluable in reconstructing how an accident occurred and determining liability. By analyzing EDR data, our experts can provide detailed insights into the events leading up to a crash, often revealing critical information that may not be immediately apparent from witness testimony or physical evidence alone.
Expert witnesses play a crucial role in the legal process, particularly in cases involving complex technical or medical issues. Their ability to provide informed opinions based on specialized knowledge can greatly influence the outcome of a case. At Harding & Associates, P.C., we understand the importance of selecting the right expert and effectively utilizing technology like EDRs to uncover the truth. Our commitment to leveraging these resources ensures that our clients receive the best possible representation and achieve favorable outcomes.
Service Areas: We proudly serve Denver and the surrounding areas, including Aurora, Lakewood, Littleton, and other nearby communities.
If you’re facing a legal challenge that requires expert analysis, Harding & Associates, P.C. is here to provide the expertise and support you need. Contact us today to discuss how we can help you navigate your case with the right experts and strategies in place.