Auto Accidents Where Both Drivers Carry the Same Insurance
Our Denver car accident attorneys have extensive experience handling injury cases. It doesn’t matter if you have a minor scrape or a major collision, we are here for you.
In a perfect world, the fact that an auto accident occurred between two drivers insured by the same company would make no difference whatsoever. We don’t live in a perfect world, though, and the fact is that sharing a car insurance company with the person with whom you’ve had an auto accident can change the situation a bit – for good or ill.
Colorado Auto Accident Law Primer
Colorado is an “at fault” state. What this means is that whichever driver was determined to have caused the accident will be responsible for compensation, which will generally come from his or her car insurance company.
Without the assistance of a Colorado auto accident attorney, the driver who was not found to be at fault can usually expect to receive a check for the amount of physical property damage incurred. If the car in question was totaled during the auto accident, the check will be for the blue book value the car had before it was totaled, meaning if you drive an older car that is only worth $1,000, you will only be reimbursed for $1,000, regardless of the fact that it will be difficult for you to find a new, workable form of transportation for that amount of money.
If the limited reimbursement creates a hardship that affects your ability to earn wages, or if you have injuries from the wreck that create medical bills, consider contacting a Colorado auto accident attorney, as your case may need to be pursued more aggressively than the standard car wreck.
The claims should be handled by different adjustors
Ideally, the car insurance company will assign one adjustor to handle your claim and another to deal with the other driver. Doing otherwise could constitute an obvious conflict of interest. This practice displays such blatant bad faith that most car insurance companies won’t even attempt it, but if they do, you should absolutely call a Colorado auto accident attorney.
Having the same car insurance company may help . . .
If you are not the driver at fault, your car insurance company may actually be more likely to pay a reasonable amount on your claim and less likely to engage in bad faith practices because they want to keep you as a customer. Don’t go so far as threatening to leave the company if you aren’t satisfied, though. That will only unnecessarily complicate the situation.
. . . but it could also cause problems
On the flip side of wanting to keep you as a customer is the possibility that having both drivers within the same insurance company may give that company the opportunity to protect their own bottom line at the expense of you, their customer.
Car insurance bad faith practices can take the form of delays, unfair denials, or behaviors as simple as failing to return your phone calls.
Keep complete records of every contact you have with your car insurance company, including both discussions with your personal claims adjustor and the other party’s claims adjustor. If you contact an auto accident attorney or the case otherwise gets escalated, these records can help you prove wrongdoing on the part of the insurance company and protect your right to compensation.
When to Contact a Colorado Auto Accident Attorney
If you sustained minimal property damage and injuries during the auto accident, you may be fine proceeding through the usual channels. Car accident victims who suffer serious injury or property damage that creates a financial hardship, though, frequently find it necessary to seek the assistance of an experienced, qualified Colorado auto accident attorney.
Continue reading these related articles for more information….
- What to Do After a Car Accident
- Dealing with Insurance Company after a Car Accident
- Colorado Car Insurance Guide: Everything You Need to Know about State Requirements
- 3 Reasons to Hire a Personal Injury Attorney
**NOTE – this article and all content at Injurylawcolorado.com is for informational purposes only and does not constitute legal advice