Yes, you can sue someone for a car accident in Colorado when their negligence caused your injuries. A lawsuit may become necessary when the at-fault driver’s insurance company denies the claim or refuses to make a fair offer. In some situations, it may also make sense to sue when the liable driver doesn’t have insurance.
A successful lawsuit requires medical records that document your injuries, pay stubs or tax records that show lost income, and evidence that proves the other driver caused the crash. An attorney who handles personal injury claims can file your claim and manage your case when you are recovering.
Heuser & Heuser, LLP, has recovered hundreds of millions of dollars on behalf of injured Coloradans. Our car accident lawyers in Colorado Springs are your hometown attorneys who are ready to stand up for you. Call today to schedule your free consultation.
Should You File an Insurance Claim or a Lawsuit First?
In Colorado, most car accident cases start with a claim with the insurer of the at-fault driver. This process is usually faster than going to court and doesn’t require a judge. If the insurance company denies the claim, delays payment, or offers less money than you need, the next step is to file a lawsuit.
Insurance adjusters may attempt to reduce the amount they pay out; they might claim that you caused the accident or urge you to settle the claim before treatment is finished. When you bring a lawsuit, the other party is required to provide evidence as part of a procedure known as discovery.
Settling is often better for everyone involved. However, if negotiations do not succeed, a court will have to make the final decision. Heuser & Heuser, LLP, interacts with insurance adjusters to reach a fair conclusion whenever possible. Our goal is to provide clear advice to every client.
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How to Prove Fault in a Car Accident Lawsuit
Crashes along Interstate 25 between Colorado Springs and Pueblo and other roadways often involve disputes over who caused the collision, especially in multi-car pileups. A car accident lawsuit in Colorado rests on four elements:
- The other driver owed you a duty to drive safely. This is true of every driver in Colorado.
- The driver breached their duty through careless or reckless conduct.
- Your accident was a direct result of their negligence.
- The crash caused damages.
Heuser & Heuser, LLP, led in part by attorney Brennan Heuser, gathers accident scene evidence and works with Southern Colorado law enforcement records to establish fault for clients driving this corridor. We can help you seek justice for a car accident that’s not your fault.
What Compensation Can a Car Accident Lawsuit Recover?
A car accident claim or lawsuit in Colorado may help you recover your medical costs and lost income. Beyond that, you may recover compensation for reduced earning capacity if your injuries affect your ability to work going forward and for the physical pain tied to your recovery.
In addition to your compensatory damages, Colorado allows punitive damages in cases involving fraud, malice, or willful and wanton conduct, though these require proof beyond ordinary negligence and are decided by a court.
Heuser & Heuser, LLP, has secured results for Southern Colorado auto accident clients ranging from tens of thousands of dollars to settlements of more than a million dollars, calculating each claim from documented medical costs and lost income.
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Can You Sue a Driver Who Has No Insurance or Not Enough Coverage?
You can file a lawsuit against an uninsured driver directly, though collecting on a judgment depends on what that driver actually owns. That doesn’t mean you are out of options for recovering your losses, though.
Optional automobile insurance coverage may be available in your claim. For example, Uninsured Motorist and Underinsured Motorist (UM/UIM) coverage can pay for damages when the insurance of a careless driver doesn’t cover them. According to Colorado law, insurers are required to provide this coverage unless you expressly refuse it.
Medical payments coverage may also help cover your medical bills after a crash if you have this type of coverage.
Compensation in a lawsuit against an uninsured driver is often difficult to recover, even if you win. Heuser & Heuser, LLP will review your policy for UM/UIM or medical payments coverage before deciding whether to pursue the at-fault driver, your own insurer, or both for compensation.
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Get Legal Help If You Have Been Hurt in a Car Accident
You can sue someone for a car accident when their negligence caused your injuries, though most cases start with a claim against the at-fault driver’s insurance company before a lawsuit becomes necessary.
Colorado generally gives you three years from the date of the crash to file a car accident lawsuit for injuries. There can be exceptions to how long after a car accident you can sue in Colorado in some circumstances, but if you miss your deadline, you will lose your right to pursue legal action.
Heuser & Heuser, LLP works on a no fee unless you win basis, so you pay nothing unless we recover compensation for you. Contact us today to schedule your free consultation and tell us about your car accident case.
Reviewed by Brennan Heuser | October 2026
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