What is Uninsured/Underinsured Motorist Coverage? Many times when I am meeting with client they do not understand what uninsured/underinsured motorist coverage (UM/UIM) is and they do not know if they have this coverage. In more than half of those cases the clients waived UM/UIM coverage when they initially purchased their automobile insurance.
Colorado law requires that all drivers in the state have a minimum of $25,000.00 in bodily injury automobile insurance coverage. The law also requires that drivers have automobile insurance coverage for collision or property damage. These are the only automobile insurance requirements for the majority of drivers in the State of Colorado. There are exceptions to this general rule, such as in the circumstance of the operators of commercial trucks.
Following an automobile collision an injured party is entitled to receive compensation from the at-fault driver. This compensation is typically in the form of compensation for medical bills, lost wages, future medical needs, future wage loss and pain and suffering or emotional distress. In general, regardless of the extent of the injuries sustained an injured party is only able to recover the amount of the bodily injury insurance limits of the at-fault driver.
Uninsured/Underinsured motorist coverage protects you and your family if you or a family member is injured by an uninsured driver or, if you or a family member sustains injuries in excess of the at-fault driver’s automobile insurance coverage limits.
The following scenario is used as an example: A person is injured in an automobile collision. The injured party requires medical treatment and incurs medical bills in the amount of $100,000.00. At the time of the collision the at-fault driver has the minimum automobile insurance limits required by Colorado law, $25,000.00. Also, at the time of the automobile collision the injured party does not have UM/UIM insurance coverage. Despite the fact that the injured party has incurred medical bills in the amount of $100,000.00, in most cases the injured party will only be able to recover the limits of the at-fault driver’s automobile bodily injury limits of $25,000.00.
Using the same scenario as above, if the injured party had UM/UIM motorist coverage available the injured party would be able to access their UM/UIM motorist coverage to obtain compensation for the remaining $75,000.00 in medical expenses incurred.
It is important to understand what UM/UIM motorist coverage is when making important decisions such as selecting the appropriate automobile insurance coverage for your family. Be sure to fully discuss these important issues with your insurance agent when you are purchasing automobile insurance coverage for you and your family.
Please contact the law offices of Buxton & Luther, P.C.. We can assist you and provide you with representation if you are injured in an automobile collision.
Tuesday, May 11, 2010
Wednesday, June 20, 2007
Premise Liability
A premise liability case is a case where a person is injured on the land or property of another. In Colorado, premise liability cases are governed by Colorado's Premise Liability Act. Under the Premise Liability Act the duty of the landowner varies depending on the status of the person on the land. The statute sets forth three classifications - invitees, licensees and trespassers.
Landowners owe the highest duty of care to invitees, or, persons who are invited onto the land by the landowner as a member of the public or persons who are invited onto the land for the purpose of business dealings with the landowner. In those instances the law requires that the landowner protect persons against dangers which the landowner either knows or should know about.
Landowners owe the second highest duty of care to licensees, or, persons who are on the premise, which is not normally open to the public, but has been invited to enter by the landowner. In those instances the licensees may recover damages for (a) the landowner's unreasonable failure to exercise reasonable care with respect to dangers created by the landowners of which the landowner actually knew; or (b) the landowner's unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew.
Trespassers may only recover for damages willfully or deliberately caused by the landowner.
If you have been injured on someone's land or property it is important that you contact an attorney as soon as possible. In some cases it may be important for an attorney to collect information, including statements from witnesses, a soon as possible after an injury.
Landowners owe the highest duty of care to invitees, or, persons who are invited onto the land by the landowner as a member of the public or persons who are invited onto the land for the purpose of business dealings with the landowner. In those instances the law requires that the landowner protect persons against dangers which the landowner either knows or should know about.
Landowners owe the second highest duty of care to licensees, or, persons who are on the premise, which is not normally open to the public, but has been invited to enter by the landowner. In those instances the licensees may recover damages for (a) the landowner's unreasonable failure to exercise reasonable care with respect to dangers created by the landowners of which the landowner actually knew; or (b) the landowner's unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew.
Trespassers may only recover for damages willfully or deliberately caused by the landowner.
If you have been injured on someone's land or property it is important that you contact an attorney as soon as possible. In some cases it may be important for an attorney to collect information, including statements from witnesses, a soon as possible after an injury.
Sunday, May 27, 2007
Jury Orders Qwest to Pay Man $39.5 Million
Written by Dan Boniface, 9News, May 25, 2007
DENVER – A jury awarded what just may be the largest personal injury award in Colorado history on Thursday.
DENVER – A jury awarded what just may be the largest personal injury award in Colorado history on Thursday.
A Denver district court jury awarded former Xcel lineman Andrew Blood $39.5 million in a verdict against Qwest. Blood was paralyzed back in 2004 when a utility pole collapsed beneath him at the intersection of 58th and Pecos. Qwest owned the pole that collapsed.As part of a joint-use agreement with Xcel Energy, Qwest was obligated to inspect, maintain and repair utility poles. Qwest had apparently not inspected any of their 150,000 poles in more than 40 years. Blood says Thursday's verdict sends a clear message. "There's tons of people out there," said Blood. "There's not only their employees, Xcel Energy employees, but the public; the safety of all of us. You know they need to look out for everyone and do their job."
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Saturday, May 19, 2007
Colorado Governmental Immunity Act
The Colorado Governmental Immunity Act (CGIA) provides immunity from suit to the State of Colorado, subsidiaries of the state, such as universities and colleges, special districts and municipalities. However, immunity has been waived in certain instances. As a result, an injured party may bring an action against the State of Colorado for injuries occurring as result of these specific instances, which include: operation of motor vehicles, operation of public hospitals, correctional facilities and jails and the existence of some dangerous conditions.
In circumstances where a person sustains an injury as a result of the negligence of the state, or the employees of the state, there are very specific steps an injured person must take to satisfy the CGIA. Failure to comply with the requirements of the CGIA will result in the claim being barred forever.
In order to satisfy the CGIA an injured party must put the appropriate governmental entities on notice within 180 days of the date of the incident. The appropriate governmental entities depend on the specific governmental body involved in the incident. The CGIA also sets forth specific requirements for the content of the governmental notice.
If you believe you have been injured by an entity of the State of Colorado it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the CGIA are satisfied. There are many other important elements of the CGIA, including limitations on damages, that are not discussed here.
In circumstances where a person sustains an injury as a result of the negligence of the state, or the employees of the state, there are very specific steps an injured person must take to satisfy the CGIA. Failure to comply with the requirements of the CGIA will result in the claim being barred forever.
In order to satisfy the CGIA an injured party must put the appropriate governmental entities on notice within 180 days of the date of the incident. The appropriate governmental entities depend on the specific governmental body involved in the incident. The CGIA also sets forth specific requirements for the content of the governmental notice.
If you believe you have been injured by an entity of the State of Colorado it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the CGIA are satisfied. There are many other important elements of the CGIA, including limitations on damages, that are not discussed here.
Monday, May 14, 2007
Colorado Citizens for Accountability
Colorado Citizens for Accountability is a grass roots non-profit organization dedicated to providing education to healthcare consumers, advocating for necessary changes in the healthcare system and protecting the right to equal access to the justice system for those who have suffered personal injuries. CCA was founded in 2004 by Patricia and David Skolnik after they lost their only son to a medical error. Since its inception CCA has worked tirelessly to represent consumers and educate the public on a variety of consumer issues.
Visit CCA at http://www.coloradocitizensforaccountability.org
Visit CCA at http://www.coloradocitizensforaccountability.org
Michael Skolnik Medical Transparency Act
House Bill 1331 – The Michael Skolnik Medical Transparency Act. During the 2006-2007 Colorado Legislative Session Representative Morgan Carroll and Senator Lois Tochtrop sponsored HB 1331 – The Michael Skolnik Medical Transparency Act. This bill requires the Board of Medical Examiners post important information on their website about all physicians in Colorado. Beginning January 1, 2008, consumers will be able to go to the Board of Medical Examiners website and locate important information about physicians, such as, medical malpractice judgments, medical malpractice settlements and all disciplinary actions in any of the 50 states. HB 1331 passed through the State Legislature and is expected to be signed by Governor Ritter in the next 30 days. HB 1331 is named in memory of Michael Skolnik, the son of Patricia and David Skolnik, founders of Colorado Citizens for Accountability.
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