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Colorado Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Colorado on
Q: Son was in a single-car accident. Should he plead guilty or go to trial? Charges: careless driving with bodily harm

My son is 18 and rolled his car after he fell asleep at the wheel. No impairment. His friend, a minor, was in the passenger seat and received very minor injuries. He was transported to the hospital (protocol for a minor) and released within hours.

My son initially pled not-guilty, and now... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 25, 2020

Only a Colorado attorney is qualified to answer your question, but it remains open for two weeks and time is of the essence. I hope both kids are okay. Don't lose further time awaiting a reply here - the Car Accidents category is more about the civil side of things in terms of injury claims -... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: I need to know which county I need to File a small claims in.

My car was hit in Brighton CO by a truck from a trucking company in Milfor NE. Their Insurance will not pay for damages even though the driver was found guilty in a Brighton court. So do I file in Adams county or in Seward County?

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

First, if you were hurt contact a member of the Colorado Assn for Justice for the county where it happened--they give free consults.

Technically, you can file either where it happened or where they do business. I'd go for the county where it happened.

1 Answer | Asked in Car Accidents for Colorado on
Q: So I was in a walmart parking lot the lady in front of me said I hit her rear end so she called the police

Can a officer issue a ticket on private property?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Depends on the state. If you didn't hit her rear end see if there is a security cam image of the event. Do this ASAP as they will usually get rid of all images after a certain period.

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Hi i was in a car accident in Feb. 2018, n I am getting mail that I have to pay $40,000 worth of damages, do I negociate

I was really badly hurt, but officer gave me ticket I slid in ice and went to court, but was not in right state of mind when going to courts

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

It sounds like you were sued and served with papers? You really need to get your insurance involved. If you received suit papers and you don't have insurance you need to make sure you don't get a default by filing an Answer and entering your appearance "pro se." Check with the... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: what form I need to file a claim against city of Erie, I was in accident caused by the snowplow. Something 109a crs?
Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

First if you have collision you can run it through that and let them go after the city.

What you have to do is send the city a Tort Claims Act notice. Depending on your situations--property damage only, injuries, liability may be made against you but they are at fault--different things...
Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: If the other party was at fault in a vehicle accident , will they pay me directly or will they pay the loan holder?

I owe 5k on an auto loan and the car was worth 15k

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Get the payoff figure. From your example, if the value is 15, the loan company gets paid, releases the title, then you get paid is the normal sequence. If you were hurt in the wreck, contact a member of the Colo. Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury and Car Accidents for Colorado on
Q: How to find third contigency fee attorney after being fired from previous attorney? Urgently
Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

You could search for one on this site (under Find-a-Lawyer above), conduct your own independent searches, or contact the Colorado Bar Association. In terms of your urgency, the more information you are able to readily provide about the disposition of the case when you call prospective attorneys,... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Colorado on
Q: I was in an accident and received a citation for careless driving. What are my chances of pleading for a reduced charge?

I was riding my motorcycle and crashed into pickup truck in an intersection. I was given a mandatory court date at El Paso Combined Court for careless driving. I have a clean driving record up until this accident and was respectful and polite with the officer who issued the citation. I was the only... Read more »

Brian K. McHugh
Brian K. McHugh answered on Nov 10, 2019

Most prosecutors will offer a point reduction based on the facts you describe - clean driving record, no injuries (I assume), your respectful attitude to the officer, etc. While there is no requirement that the prosecutor offer a traffic infraction plea bargain, that is commonly what happens.... Read more »

2 Answers | Asked in Car Accidents for Colorado on
Q: What do I do if I know I’m not at fault and have witnesses involved in accident?

I was t-boned on driver side I did have my child behind me and 2 other people in the vehicle with me I was coming out of a private drive making a left hand turn now I know most likely they say the person at fault is the one making that left hand turn but In this case it wasn’t my fault I yielded... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

see my response to your double post.

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1 Answer | Asked in Car Accidents for Colorado on
Q: What can I do if I was not at fault and have witnesses involved ?

I was coming out of private drive onto 1-70 frontage road, I did yield for about 5 minutes before proceeding no cars were coming so I went for the left hand turn a car was coming but was back enough to have seen and did not break the speed limit was 35 and he was not going that speed the impact was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Plead not guilty on the ticket. Contact a member of the Colorado Trial Lawyers Assn who handles injury cases. The problem you have is that you 1) pulled out 2) decided to make a left rather than go right and then execute a turn so that you can come out on a light. She will doubtless say you puilled... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: Incorrect vehicle information

My friend recently got a ticket for going 4 over the posted speed limit, when the officer put her vehicle information in he put in the wrong make, color and year will this dismiss the ticket?

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

First question is was it for 4 or did the officer say "I clocked you at 15 over, I'll make it 4 so you don't get points?' If that was the case don't rock the boat--the judge will see someone who got a break being ungrateful--and penalize them.

As long as the plates...
Read more »

2 Answers | Asked in Car Accidents for Colorado on
Q: Daughter in car accident. Insurance company dragging feet on liability and being very ridiculous.

Insurance has taken statements from both drivers, has police report and witness statements. Other driver cited for illegal left turn / failing to yield (daughter going straight thru intersection). Insurance has twice stated that other driver at fault/liable. Yet 4 weeks after accident they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

In most states the law says car damage has to be settled promptly and fairly. Most give 30 days. At 30, file a complaint with the insurance commissioner. If your daughter was hurt she should get treatment and see a member of the Colorado Assn for Justice--they give free consults.

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1 Answer | Asked in Car Accidents for Colorado on
Q: Suing for personal injury (rear ended)

My attorney sent a demand and the insurance company responded with a counter off totaling less than my medical. My lawyer advises that if they don’t comply with my demand to file a suit. My lawyer isn’t sure why they’re not honoring this demand as I had lost wages as well. Should I be... Read more »

Tim Akpinar
Tim Akpinar answered on May 6, 2019

I wouldn't be alarmed. But this is something you should really discuss further with your attorney because the basis for you and the carrier reaching a common ground depends on the specific damages and liabilities in your case. Rather than applying formulas based on multiplying medical expenses... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: Hi, I am charged with MTC 1402(1) for causing a minor damage to parked vehicle in a parking lot & leaving the spot.

Issued a Citation with 4 points added & Court hearing at LONE TREE CIVIC CENTER @ LONE TREE, COLORADO.

How do deal with this situation at court. And how do I get away with less fine & no traffic points with less impact to my driving & insurance history.

I am an... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

you should get a lawyer, report the claim to your insurance or take care of it. You can't argue about the other person's estimate as you did it. However the leaving the scene charge can be very important, so you need to talk to an attorney about that.

2 Answers | Asked in Car Accidents for Colorado on
Q: I am currently 19 years old I was in a car accident in Craig Colorado due to the weather and I got a ticket for driving

.

Peter N. Munsing
Peter N. Munsing answered on Apr 6, 2019

not sure what you want to know about that ticket. If it's weather, you have a duty to drive according to the weather conditions. You can drive at 25 in a 50 zone and still be driving too fast for conditions if there's a whiteout and you rearend someone, or you skid out whenyou would not... Read more »

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1 Answer | Asked in Car Accidents for Colorado on
Q: I got hit in a parking lot intersection back right tire area by another driver my insurance is saying it’s my fault?

There was ice and snow she slid instead of stopping, I was almost through the intersection when she hit me am I still 70% responsible because of sec 701 CO law. I feel we did not approach “approximately” at the same time.

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2019

Tell your company you expect them to stick up for you. That's why you have insurance. But if they want to say it's your fault, you may have to go with their finding because at the end of the day, your goal is to avoid being sued and if you are to have the insurance cover it. You can... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: What is reasonable to ask for on a wrecked car in addition to what it's worth, i.e. cost of recent (10 days) repairs.

Our daughter's boyfriend wrecked and totaled our car. He did not have permission from us but was given permission to drive it by our daughter who although is not an owner is on the insurance policy. Our insurance company has given us a fair valuation of the vehicle, but I feel like the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

You might, but generally the courts say that the person is only liable for the damage they caused --i.e. the value of the vehicle.

In this case if it had a new engine you can argue to your insurance that they should increase the offer because your car has been improved. You buy a car with...
Read more »

1 Answer | Asked in Personal Injury, Car Accidents, Estate Planning and Family Law for Colorado on
Q: Can a relative be given Power of Attorney, to help another relative in a different state.

This is because of a car-pedestrian accident. The injured party needs to hire a PI lawyer, and he isn't well versed in claims and because of the injury, a family member needs to be able to be the contact to assist the lawyer and make medical decisions. Is the dual state a problem?

Robert D. Kreisman
Robert D. Kreisman answered on Jan 3, 2019

The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: While hiking with my dog at Palmer Park last weekend, a woman ran into my dog with her car in the parking lot.

In my opinion she was driving too fast. I incurred substantial vet bills and she refuses to accept any liability. What are my rights? Thank you.

Peter N. Munsing
Peter N. Munsing answered on Dec 14, 2018

A lot depends on where the car was, where you and your dog were, if the dog was on a leash was that visible? Did police respond? You may want to file a report.

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