Legal Question in Personal Injury in Colorado

My wife was in an accident that was not her fault. Everything was submitted to both insurance companies, along with an accident report with the Aurora Police Department. My wife is telling me that this insurance company will not pay for anything until they can reach their policy holder whom refuses to return their calls. Along with my wife's car being damaged she also sustained whiplash. This company is telling us that even the health portion will have to go through our auto insurance. Is this right, or do we have right to go after her legally?


Asked on 3/28/11, 1:42 pm

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

Make sure your wife keeps treating and following the doctor's recommendations (failure to do so may reduce your award). The insurance company may have a policy not to negotiate until they hear from their insured, but that is not a law. If they do not take care of her, you should get a lawyer to help.

Stats show that people with lawyers get more $$ than those without. I can help if you want.

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Answered on 3/28/11, 3:39 pm
Gary C. Johnson Attorney Gary C. Johnson

Injured people often use their own auto and health insurance to cover medical costs until such time as a reasonable prediction can be made of the need for future medical treatments. In fact, it is in your best interest to delay negotiating a settlement. As Mr. Savela pointed out, it is not the law that the insurance company has to wait until they can contact their insured.

You should retain an attorney if you want to achieve the best result.

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Answered on 3/30/11, 3:18 pm


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