He can but if he had uninsured motorist coverage that will be the best place to get this resolved
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
Did you brother have insurance? If your brother was not at fault he can have a cause of action against the at fault driver. Contact a local personal injury attorney so they can determine who is at fault.
Your brother need to make an appointment with a personal injury attorney and end his guessing and wondering phase. Many incidents with clear liability resolve without a lawsuit ever being filed. He will in my opinion fare better from a final dollar in his pocket after all is said and done perspective with the assistance of experienced counsel than if he tries to dink around with insurance adjusters on his own.
He can submit claim to driver's insurance carrier. If he was injured, he should retain a local Colorado Springs personal injury lawyer. Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent, so you don't get hurt twice. Good luck.
A consult with an experienced CO personal injury attorney should answer his questions.
In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Yes. Colorado is an at-fault State, meaning the person at fault for the crash is responsible for the damages he or she causes. However, it is very important to have uninsured/underinsured coverage on your own auto policy in case the other driver isn't financially responsible.
Yes, it seems likely in this case, however, you should contact an experienced Colorado personal injury lawyer to examine the details. The person who caused the accident, if they have insurance, should be liable for any and all injuries. If you brother has his own insurance, he may have an underinsured/uninsured motorist claim with his own.