James Todd Tenge’s Answers

James Todd Tenge

Boulder Car / Auto Accident Lawyer.

Contributor Level 10
  1. My question , I was in an auto accident 4/19/13 and have no health insurance. I did go to ER after the accident....

    Answered 11 months ago.

    1. Christopher Daniel Leroi
    2. C. Donald Briggs III
    3. James Todd Tenge
    4. Shoshana Kunin-Leavitt
    5. David Ian Schoen
    6. ···
    10 lawyer answers

    It sounds like you have some serious injuries, which are still bothering you and impacting your life. You really need to consult with a qualified injury lawyer. The good lawyers will help you get the medical care you need (and get it paid for), get you reimbursed for any wage loss (past and future), medical expenses (past and future) and any other consequences of the accident. A good PI lawyer will also be sure you are compensated for pain and suffering and any permanent impairment or...

    21 lawyers agreed with this answer

  2. Can i sue the train company, the driver and the family of the car that my daughter was in???

    Answered about 1 year ago.

    1. James Todd Tenge
    2. Daniel Nelson Deasy
    3. Joseph Jonathan Brophy
    4. Christian K. Lassen II
    4 lawyer answers

    I am very sorry to hear of this tragedy. It sounds like there could be multiple liable parties, as well as multiple insurance policies that may offer coverage for your terrible loss. I can't really answer this in more detail without more information. However, it is quite clear you should get a high level personal injury attorney to help you with all this. I would suggest retaining a Colorado attorney, and that attorney can obtain qualified co-counsel in Kansas, if necessary. My condolences...

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  3. I have a pre existing neck problem and was rear ended, making it worse. I am self employed and had to close my business.

    Answered about 1 year ago.

    1. Christopher Daniel Leroi
    2. Robert Samuel Hoover
    3. James Todd Tenge
    4. Richard Waldron Bryans Jr.
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    Without knowing the policy limits and more about your injuries and business losses it is simply impossible to answer your question as posed. However, you should be aware that if you believe your damages exceed the policy limits of the at fault driver's insurance, be sure to check your own auto policy to determine if you have "underinsured" motorist coverage. If you do, this coverage can supplement your recovery over and above the policy limits amount of the at fault driver's insurance. There...

    8 lawyers agreed with this answer

  4. 13 year old daughter was injured in a major car accident in December, they were t-boned by a semi-truck.

    Answered about 1 year ago.

    1. Chad William Johnson
    2. Chris G. Hoffman
    3. Evan Singer Lipstein
    4. Christian K. Lassen II
    5. Jeffrey Mark Adams
    6. ···
    12 lawyer answers

    I am very sorry to hear about your daughter's accident and the death of her friend. If I am reading this correctly, the truck driver was NOT at fault, and the at fault driver (driver of the car your daughter was a passenger in) was uninsured?? If this is the case, you need to look at the family car doctrine as a source of insurance from the parents of the at fault driver, or what is called Uninsured Motorist coverage of your own auto policy. This is coverage you have on your own policy for...

    8 lawyers agreed with this answer

  5. Is there a limit for insurance companies on how long it should take to determine liability?

    Answered over 3 years ago.

    1. James Todd Tenge
    2. Christian K. Lassen II
    3. Louisa Tzu-I Chen
    4. Paul Y. Lee
    5. Garrett David May
    5 lawyer answers

    The insurance company has a duty to act reasonably and with due diligence. So no, there is not an actual time limit set by statute. Three weeks is a bit long, but completely unusual. Generally, we document what they claim they need (assuming it is reasonable), and once we've provided it to them, we expect an answer quickly. Of course, you need to document this in writing. If it gets too long, then you simply indicate you will need to file suit against their insured to have a judge or jury...

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  6. Colorado Auto Accident - Attorney's actions -correct or incorrect? Has our attorney screwed up royally or not?

    Answered over 1 year ago.

    1. Stephen Clark Harkess
    2. Daniel Nelson Deasy
    3. Jeffrey Larkin Wertz
    4. Jeffrey Mark Adams
    5. Richard Waldron Bryans Jr.
    6. ···
    9 lawyer answers

    In addition to what the other attorneys have indicated, what may be the bigger issue is missing possible source(s) of insurance coverage. Since the husband was driving, any insured cars he owns may offer additional insurance coverage on top of wife's coverage on the involved auto. Further, he may have a business policy which could also provide additional insurance coverage. Finally, make sure your attorney has determined whether or not they have an umbrella policy, which would be associated...

    3 lawyers agreed with this answer

  7. Is there a benefit to getting a medical lien released to my law firm if the bill was already discounted?

    Answered over 3 years ago.

    1. James Todd Tenge
    2. James C Underhill Jr.
    3. Jeffrey Lee Weinstein
    3 lawyer answers

    You ought to familiarize yourself with CRS 10-1-135, as well as the general law on health carrier subrogation/reimburseement, ERISA, made whole, common fund, etc. If you need help, please call. This is what we do every day. I believe i have an AVVO legal guide on subrogation.

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  8. Can my Med Pay insurer subrogate on a settlement with the at fault party's insurance company?

    Answered about 3 years ago.

    1. James Todd Tenge
    2. Christian K. Lassen II
    3. Joseph Jonathan Brophy
    4. Lars A. Lundeen
    4 lawyer answers

    No. The medpay carrier cannot subrogate against your settlement with the at fault driver, or if applicable, any underinsured motorist coverage you may recover either. Colorado Revised Statute 10-1-135.

    Selected as best answer

  9. How much should I pursue with this case?

    Answered almost 3 years ago.

    1. Evan Singer Lipstein
    2. Boris Zinovjevic Gorbis
    3. James Todd Tenge
    4. Raymond Scott Costantino
    5. Joseph Jonathan Brophy
    5 lawyer answers

    I would concur with the other responding attorneys concerning the medical negligence aspect of your situation. However, if the original motorcycle accident was the result of someone else's negligence, you may be better off pursuing the motorcycle accident claim against the at fault driver. The law considers that bad medical outcomes from accident related treatment does happen. Thus, you would be able to collect the full extent of your injuries, damages and losses from the original at fault...

    2 lawyers agreed with this answer

  10. What happens when the drunk driver that hit me, totaled my car, and sent me to the ER doesn't have......

    Answered over 3 years ago.

    1. Christian K. Lassen II
    2. James Todd Tenge
    3. Kelly W. Case
    3 lawyer answers

    There are a number of issues here. You would be wise to hire a personal injury attorney to look into all this for you. Briefly, you will need to verify he didn't have coverage. Just because he failed to have proof doesn't necessarily mean he was not covered. Keep in mind, you always have the option to file a lawsuit against him personally and seek a recovery from his assets. Thus, you would want to perform a basic asset check on him (they run around $200-$250 and your lawyer would do it...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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