Fdazar > Can I Make Claims under My Own Auto Insurance Policy?
Can I Make a Claim Against My Insurance Company?
The initial reaction a lot of people have after an accident is that the at-fault driver and his or her insurance company should pay for all the damages and losses due to the accident. However, there are several instances when a Denver auto accident attorney will recommend that our clients use their own auto insurance coverage.
Colorado law requires that insurance companies offer medical payments coverage of at least $5,000 to everyone taking out an automobile insurance policy in this State, although such coverage can be rejected. This coverage, also known as “med pay,” pays medical bills incurred by anyone in the insured motor vehicle at the time of an accident. Priority is given under Colorado law to the bills incurred to ambulances and the initial trauma care providers. Unlike with payments made health insurance, Medicare or Medicaid, the injured person does not have to pay back the payments made under med pay.
Colorado law also requires that insurance companies offer uninsured motorist (“UM”) coverage of at least $25,000 per person, $50,000 per accident to everyone taking out an automobile insurance policy in this State, although such coverage also can be rejected. This coverage provides compensation in the event the person or persons at fault in an accident are not insured. UM coverage must also act as under-insured motorist coverage to provide additional compensation when the at-fault person or persons are insured but the amount of the liability insurance is not sufficient to compensate the injured person in full.
Victims of automobile accidents should not hesitate to take advantage of either med pay or UM coverage if available to them, as they or whoever took out the insurance policy has paid a premium for the coverage in the event of an accident. One of our personal injury attorneys can assist with obtaining these coverage’s, especially where the issues become complex, including when an at-fault party is considered uninsured or under-insured, or whether multiple insurance policies may apply to provide med pay or UM benefits.
If the injured person and the insurance company cannot agree on what compensation is owed to the injured person in UM benefits, we can determine whether the insurance policy allows for arbitration or requires litigation to resolve the dispute and whether the uninsured party or parties must be included in the lawsuit. If the insurance company unreasonably denies or delays the payment of UM benefits, we may be able to hold it liable for damages beyond just the benefits it should have paid when the claim was first presented.
If you feel you have been disregarded by an insurance company after injuries from an auto accident, contact Franklin D. Azar & Associates today to speak directly with a Denver auto accident lawyer.