Colorado Car Accidents Questions & Answers
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.
Peter N. Munsing's answer
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 100,000 and a new engine you should get more value than just the value of a car with 100k. The brakes are iffy. Generally that's a "routine maintenance" item. Best bet--cut your best deal with the...
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 100,000 and a new engine you should get more value than just the value of a car with 100k. The brakes are iffy. Generally that's a "routine maintenance" item. Best bet--cut your best deal with the...
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
1 Answer
| Asked
in
Personal Injury, Car Accidents, Estate Planning and Family Law
for
Colorado
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Robert D. Kreisman's answer
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 decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
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 decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
Q: While hiking with my dog at Palmer Park last weekend, a woman ran into my dog with her car in the parking lot.
Peter N. Munsing's answer
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.
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.
Q: Can I be cited for accident when parked, opening Dr along a street. after a visual both over shoulder and by mirror?
Peter N. Munsing's answer
If there's an intersection or other video that shows it maybe. As things stand no--because the fact it happened almost instantaneously means that in all liklihood you didn't take that last look in the mirror--otherwise you would have seen the car. It's one of those "objects in the mirror are closer than they appear" moments.
If there's an intersection or other video that shows it maybe. As things stand no--because the fact it happened almost instantaneously means that in all liklihood you didn't take that last look in the mirror--otherwise you would have seen the car. It's one of those "objects in the mirror are closer than they appear" moments.
Q: I hit a cow on hwy281north at nighttime my car was totalled what is the animals owners liability?
1 Answer
| Asked
in
Personal Injury, Agricultural Law and Car Accidents
for
Colorado
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
Peter N. Munsing's answer
I've been successful in getting compensation from the owner's insurance. If you have collision let your company handle it and go after the owner. If you were injured, then contact a member of the Colo. Assn for Justice. They give free consults.
I've been successful in getting compensation from the owner's insurance. If you have collision let your company handle it and go after the owner. If you were injured, then contact a member of the Colo. Assn for Justice. They give free consults.
Q: If I sell my granddaughter My vehicle on payments. And the title remains in my name.
1 Answer
| Asked
in
Car Accidents, Personal Injury and Small Claims
for
Colorado
on
Answered on Sep 4, 2018
Answered on Sep 4, 2018
Peter N. Munsing's answer
possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.
possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.
Q: In Colorado, can someone who loses a civil lawsuit related to a car crash lose their home and retirement savings?
Peter N. Munsing's answer
First, talk to your agent. Generally, in a wreck, only the driver can be sued. In some states jointly held property can't be gotten if someone were to win. Unless the person is totaled, the plaintiff will settle for less than $500,000 unless they are a 30 year old skilled laborer and have multiple fractures. If you can afford the umbrella, then sounds like that may be worth the peace of mind you wish.
First, talk to your agent. Generally, in a wreck, only the driver can be sued. In some states jointly held property can't be gotten if someone were to win. Unless the person is totaled, the plaintiff will settle for less than $500,000 unless they are a 30 year old skilled laborer and have multiple fractures. If you can afford the umbrella, then sounds like that may be worth the peace of mind you wish.
Q: Me and my coworkers were having a discussion about what to do in this situation, we all work as concrete truck drivers.
Peter N. Munsing's answer
Find a nearby area where you can pulloff and wait. It'd be ok to wait with flashers on if you were going to offload in a couple of minutes--if you are sitting there longer the law would say, couldn't you sit somewhere else?
Find a nearby area where you can pulloff and wait. It'd be ok to wait with flashers on if you were going to offload in a couple of minutes--if you are sitting there longer the law would say, couldn't you sit somewhere else?
Q: Getting into a car accident with no insurance.
Peter N. Munsing's answer
Worth your getting at least a consult from an attorney who handles tickets in the county where this happened.
Generally, no jail time.
But, get a license suspension as long as you don't pay. Other person can sue you. Not just for their car but for their injuries.
Your state may have penalties but generally, a lot depends on what happens. If you can pay for the damage to the other person's car, fine, but if you can't things get sticky.
Worth your getting at least a consult from an attorney who handles tickets in the county where this happened.
Generally, no jail time.
But, get a license suspension as long as you don't pay. Other person can sue you. Not just for their car but for their injuries.
Your state may have penalties but generally, a lot depends on what happens. If you can pay for the damage to the other person's car, fine, but if you can't things get sticky.
Q: What does it mean if I received letter for failure to comply with financial responsibility act?
Peter N. Munsing's answer
Means someone thinks you don't have insurance so you need to provide proof of coverage.
Means someone thinks you don't have insurance so you need to provide proof of coverage.
Q: I am disabled, how to apply for pro bono attorney with free of charge?
Peter N. Munsing's answer
If you were hurt in a wreck contact a member of the Colorado Justice Assn--they give free consults, will represent you on the basis they only get paid when they get money for you.
If you were hurt in a wreck contact a member of the Colorado Justice Assn--they give free consults, will represent you on the basis they only get paid when they get money for you.
Q: I was in a sideswipe crash. I merged from an on ramp into center ln. I was in center ln for abt 5+ seconds
Peter N. Munsing's answer
Plead not guilty if you haven't done that. Get pictures of your car if relevant. Get a copy of the police report. figure out where you entered, approximately when you were sidesiped, how far you traveled once you were in the lane (when you say center do you mean it was 3 travel lanes? If not, you call it the right travel lane.
Plead not guilty if you haven't done that. Get pictures of your car if relevant. Get a copy of the police report. figure out where you entered, approximately when you were sidesiped, how far you traveled once you were in the lane (when you say center do you mean it was 3 travel lanes? If not, you call it the right travel lane.
Q: Mtn car accident. Icy, slid off road. Not speeding. $100 ticket for “drove vehicle improperly on mtn hwy” contest??
Peter N. Munsing's answer
Why not? Worst that happens is judge tell you to pay it. You were slowed down--any slower you wouldn't have control on the vehicle.
Why not? Worst that happens is judge tell you to pay it. You were slowed down--any slower you wouldn't have control on the vehicle.
Q: What happens if I turn over the vehicle title to the impound lot if the vehicle was involved in an accident?
Peter N. Munsing's answer
Not sure what your question is. Presumably you did that to cover cost of the tow. Has no affect on your insurance.
Not sure what your question is. Presumably you did that to cover cost of the tow. Has no affect on your insurance.
Q: I was the victim of an auto accident where my car was struck by another driver. Question involves careless driving.
Peter N. Munsing's answer
Penalty is usually points, fine. If you were hurt you need to contact a member of the Colo. Assn for Justice--they give free consults.
As far as your claim, the fact the officer felt the other driver was careless (which in citation language means more than inadvertent) will be significant whether or not a ticket issued.
Penalty is usually points, fine. If you were hurt you need to contact a member of the Colo. Assn for Justice--they give free consults.
As far as your claim, the fact the officer felt the other driver was careless (which in citation language means more than inadvertent) will be significant whether or not a ticket issued.
Q: If I have to drive my personal car for a work purpose and I get in an accident is my employer liable for the damages?
Peter N. Munsing's answer
They are correct, though morally as you were using your car they should at least pay for the deductible. If you were hurt it is a workers compensation injury.
They are correct, though morally as you were using your car they should at least pay for the deductible. If you were hurt it is a workers compensation injury.
Q: Can I get a car manufacturer to immediately repurchase a vehicle for a critical safety defect?
1 Answer
| Asked
in
Consumer Law, Car Accidents and Wrongful Death
for
Colorado
on
Answered on Jan 4, 2018
Answered on Jan 4, 2018
Peter N. Munsing's answer
Generally, no. Contact the center for auto safety to see if there have been similar complaints on that model.
Generally, no. Contact the center for auto safety to see if there have been similar complaints on that model.
Q: My car had flat-tire. i parked vehicle to the closest parking lot. If it’s towed during the overnight can i file a claim
Peter N. Munsing's answer
Seems it would make sense to go back, put a note on the windshield or at least change the tire now. If they have a sign warning you not to park, you'd better believe it can be towed.
Seems it would make sense to go back, put a note on the windshield or at least change the tire now. If they have a sign warning you not to park, you'd better believe it can be towed.
Q: if you have an accident and no police are called and both parties exchange information can a ticket be issued?
Peter N. Munsing's answer
As long as your insurance doesn't require you notify police--but one or the other or both may.
As long as your insurance doesn't require you notify police--but one or the other or both may.
Q: If I was cited at the crash, if I go to court can I win the case or will it cost me more to fight the ticket?
Peter N. Munsing's answer
Plead not guilty and fight it. If you were hurt you may have a cliam--contact a member of the Colorado Assn for Justice--they give free consults.
Plead not guilty and fight it. If you were hurt you may have a cliam--contact a member of the Colorado Assn for Justice--they give free consults.
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