How Settlement Negotiations Work After a Colorado Accident Claim
After a car accident, work injury, or other harmful event in western Colorado, many people find themselves negotiating with an insurance company for the first time. Understanding the general shape of that process can help you know what to expect, even though every claim is different.
Filing the Initial Claim
Settlement negotiations typically begin after a claim is filed with the at-fault party’s insurance carrier or, in some cases, your own insurer. The insurance company assigns an adjuster to investigate the incident, review medical records, and assess property damage. Adjusters often request a recorded statement early in the process, along with documentation supporting the claim.
Insurance companies are businesses, and their adjusters are trained to resolve claims for as little as possible while still appearing cooperative. An initial settlement offer, if one comes quickly, is often lower than the eventual value of the claim.
How Claims Are Evaluated
Before serious negotiation can happen, both sides typically need a clear picture of the losses involved. This includes medical bills, lost wages, property damage, and the extent of any lasting impairment. Because some injuries take weeks or months to fully resolve, negotiations often do not begin in earnest until treatment has stabilized or a physician can speak to long-term prognosis.
Time matters in another respect as well. Colorado law generally requires most personal injury lawsuits to be filed within two years of the date of injury, under C.R.S. Section 13-80-102, though certain claims, including many motor vehicle cases, fall under a three-year period instead. Knowing which deadline applies can affect how negotiations are paced, since a claim that is not resolved before a lawsuit needs to be filed generally must proceed to litigation.
Factors That Shape the Back and Forth
Once both sides have exchanged information, negotiation becomes a process of offers and counteroffers. Several factors typically influence how that process unfolds:
- The strength of the evidence establishing fault
- The completeness of medical documentation and billing records
- Whether the injured person had any pre-existing conditions
- The applicable insurance policy limits
- Whether the case would likely need to go to trial if a settlement is not reached
Each of these variables can shift a negotiation in either direction, and insurance companies frequently reassess their position as new information comes in.
Contact Us Today for Guidance
Settlement negotiations can move slowly, and insurance companies do not always volunteer information that would increase the value of a claim. If you are working through a settlement negotiation after an accident in Grand Junction, Montrose, or Mesa County, Colorado, Killian, Davis & Richter, P.C. is ready to help. Our Grand Junction personal injury lawyers can review your claim, communicate with the insurance company on your behalf, and help you understand the offers you receive. Call us at 970-241-0707 to discuss your situation.