13 Things To Do If You Were in a Drunk Driving Accident in Fort Collins
I have handled thousands of drunk driving cases across Colorado, and no two clients walk in with the same story. Some come to us days after the crash, still sorting through insurance paperwork and police reports. Others show up months later, once an injury that seemed minor at first has turned into something that won’t go away and a settlement offer that doesn’t come close to covering it. Whatever your timeline looks like, the legal reality stays the same. A drunk or impaired driver who chose to drive impaired s responsible for what happened next, and Colorado law gives you definite ways to make that driver and their insurer pay and pay big. Drunk driving cases are worth more money than a regular negligent driver who is not impaired.
Here’s what I walk every client through, whether the crash happened three days ago or three months ago.
1. Get a Medical Evaluation and Establish Causation Now
Colorado courts and insurance adjusters both look for one thing above all else in a personal injury claim: a clear causal link between the crash and your injuries. Whiplash, concussions, and soft tissue damage frequently don’t show symptoms for days or weeks, and that delay creates an opening for a defense attorney or adjuster to argue the injury came from something else.
If you haven’t seen a doctor since the crash, get evaluated now and tell the provider explicitly when and how the injury happened. I build cases on documentation, and a medical record that blames the cause of your injuries directly to the collision is one of the strongest pieces of evidence we can put in front of an insurance company adjuster. It is my job to convince the adjuster that you are seriously and permanently injured.
2. Track Down the Police Report That Was Likely Already Filed
If you knew the other driver was intoxicated, police were most likely already involved, since that determination usually comes from an officer administering a field sobriety test or breathalyzer at the scene or from an arrest that followed shortly after. If you don’t already have a copy, request it from Fort Collins Police Services, since it will typically include the officer’s observations of impairment, any citations issued, and the driver’s identifying and insurance information. If for some reason no report exists, I can file a delayed collision report on your behalf and document what you personally witnessed. Either way, this report becomes one of the most valuable pieces of evidence for your claim, so this needs attention right away.
3. Let Us Identify the At-Fault Driver’s Insurance Coverage
Missing insurance information doesn’t close out a claim. When a police report exists, it usually includes a license plate and other identifying details that we can use to trace the driver’s policy. When no report exists, I have ways to identify the driver and their coverage without waiting on their cooperation, including subpoenas and access to DMV and traffic camera records. If their insurance policy turns out to be too small to cover what your case is worth, we can make a Underinsured Motorist claim with your own insurance company. r
4. Understand Your Uninsured and Underinsured Motorist Rights
If the driver fled the scene or turns out to have no insurance at all, most Colorado auto policies include uninsured motorist (UM) and underinsured motorist (UIM) coverage, and that coverage exists precisely for cases like yours.
I file a claim directly against your own policy in these situations, and Colorado law prohibits your insurer from treating that claim any differently than they would treat a claim against a negligent driver. Report a hit and run to Fort Collins Police to get a case number, then notify your insurer promptly, since most policies require timely reporting to preserve UM and UIM benefits.
Adjusters count on policyholders not knowing this coverage exists. I don’t let that happen to our clients who experienced a drunk driving accident. I will find all available UM and UIM insurance coverage.
5. Preserve Every Piece of Evidence Still Available
Vehicle damage photos, repair invoices, witness contact information, and any texts or messages sent around the time of the crash all strengthen a claim, and much of this evidence still exists weeks or months later if it’s gathered now rather than later. If your vehicle has already been repaired, we request the repair shop’s estimate and invoice directly, since that documentation preserves the extent of the damage even after the car itself no longer shows it. Reach out to any witnesses while their memory is still sharp, since testimony erodes fast and we’d rather lock in a statement today than try to track someone down a year from now.
6. Know That the Criminal Case and Your Civil Claim Are Separate Tracks
A drunk driver may face DUI charges brought by the state, prosecuted on a timeline controlled by the district attorney and aimed at punishment, not compensation. Your personal injury claim is a distinct civil action, and Colorado law does not require you to wait for the criminal case to resolve before pursuing a civil case. A civil claim also carries a lower burden of proof than a criminal conviction, meaning a dismissal or plea deal in criminal court has no bearing on your ability to recover compensation civilly.
In cases involving egregious conduct like drunk driving, Colorado law also permits us to pursue punitive or punishment damages under C.R.S. § 13-21-102 in addition to compensatory damages, a remedy specifically intended to punish reckless conduct beyond simple negligence.
7. Document Every Cost the Crash Has Created
Medical bills, prescriptions, mileage to appointments, physical therapy copays, and missed income all belong on a running list, and I build settlement demands around exactly this kind of documentation. People consistently underestimate what a crash costs once every category gets totaled, and a strong record of expenses is far more persuasive to an insurance company than a general recollection months after the fact.
This includes costs that are easy to overlook, like childcare you had to pay for because you couldn’t drive kids to school, household help you needed while recovering, or vacation and sick days you burned through instead of taking it or yourself. Insurance adjusters won’t volunteer to compensate you for any of this. I will submit all your expenses related to the crash to the insurance adjuster.
8. Do Not Give a Recorded Statement Without Us Present
Insurance adjusters are trained to elicit statements that minimize payouts, and something as simple as “I’m fine” can be used later to undercut a claim that your medical records otherwise support. This applies to the at-fault driver’s insurer and can apply to your own, since some policies require cooperation that adjusters interpret as permission to record everything you say.
Adjusters often call within days of a crash, before you’ve had a chance to see a doctor, and frame the call as a routine formality rather than what it actually is, which is an opportunity to gather statements they can use against you later. They may ask leading questions about how the crash happened, how you’re feeling, or whether you’re at fault, and any wrong answer can diminish the damages that you can recover from the insurance company. Before you answer questions or sign anything from any insurance company, call me first. I handle all communications so nothing you say gets used against you.
9. Watch for Delayed Injuries and Report Them Promptly
New symptoms, whether a headache pointing to a concussion, worsening back pain pointing to a disc injury, or anxiety and flashbacks that point to post-traumatic stress disorder, need to be evaluated and documented as soon as they appear. Psychological trauma is common after a drunk driving crash and just as real as a physical injury, but it’s also one of the easiest for an insurance company to dismiss if it isn’t documented by a professional. Gaps in treatment history are one of the first things an adjuster looks for when trying to argue an injury isn’t related to the crash, so closing that gap quickly protects the value of your case. So it is important to make all your doctor appointments.
I have seen clients wait months to mention a symptom to me because they assumed it was unrelated or would resolve on its own, only to find out later it was a lasting and permanent injury that never got documented at the time it started. If something feels different since the crash, even if it seems minor or unconnected, tell your doctor and tell us. We’d rather rule something out early than fight to prove it later without the paper trail to back it up. Tell your doctors every single symptom you are having and leave nothing to chance.
10. Understand Colorado’s Comparative Negligence Rule Before You Talk to Anyone
Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111, meaning your compensation can be reduced by your percentage of fault, and you’re barred from recovery entirely if you’re found 50 percent or more at fault. Insurance companies routinely try to shift blame onto drunk driving accident victims to trigger this rule, especially when the facts of a case are incomplete or disputed. This is exactly why anything you say before speaking with an attorney matters, and exactly why we push back hard against any attempt to pin partial fault on our clients where it doesn’t belong.
11. Recognize the Tactics Insurance Companies Use Against You
Insurance companies know that drunk driving cases often carry higher settlement value than a typical accident, since liability is usually clear and Colorado law allows for punitive damages on top of standard money compensation. That’s exactly why adjusters move fast, often reaching out with a settlement offer before you’ve had time to understand the full extent of your injuries or what your future medical care will actually cost. I have seen many people settle their cases the day after their accident for $2,000 or so. Big mistake.
Some adjusters will try to downplay how much alcohol had to do with the crash, or push the idea that you share part of the blame, specifically because Colorado’s comparative negligence rule lets them use even a small percentage of fault to diminish what they pay. Without an attorney making the settlement offer and fighting against the adjuster, you have no real leverage in that conversation, and a quick settlement almost always turns out to be a fraction of what the case is actually worth. Do not settle your case without an attorney as an attorney can normally get you 4-10 times more money than you could get on your own.
12. Know Who Else May Be Liable Beyond the Drunk Driver
Drunk driving cases frequently involve more than one liable party, and we investigate every possible at fault party before assuming the driver is the only one who owes you compensation. If a bar, restaurant, or social host continued serving the driver after they were visibly intoxicated, Colorado’s dram shop laws may allow a separate claim against that establishment. If the crash happened while the driver was working or operating a company vehicle, their employer can share liability as well. So in that case we also make a claim against the at fault driver’s employer.
Dangerous road conditions or inadequate signage can also bring a government entity into the picture, though claims against a government entity come with a much shorter notice deadline than a typical injury claim, which is one more reason not to wait before getting an attorney involved.
13. Call Us Before the Statute of Limitations Runs
Colorado law gives accident victims a limited window, generally three years for motor vehicle claims under C.R.S. § 13-80-101, to file a personal injury lawsuit. That clock starts the day of the crash, not the day you decided to pursue a claim, and missing it bars you from recovery entirely regardless of how strong your case is. That deadline can also shift depending on who’s ultimately liable, since claims against a bar under dram shop laws or against a government entity for road conditions can carry different and sometimes much shorter timelines than a standard claim against the driver. I can go over with you all the different statute of limitations that may apply in your case.
Doug Allen has spent 36 years handling car accident cases across Colorado and personally settled more than 20,000 of them, recovering over $15 million for clients along the way, including cases involving missing insurance information, unreported accidents, and hit and run drivers. He spent years representing insurance companies like State Farm and GEICO before switching sides, and he uses that insider knowledge to counter every tactic an adjuster tries to use against his clients. Doug settles 99% of his cases without needing to go to trial, but he prepares every case as though it’s headed there, which is exactly why insurance companies take his cases seriously. Insurance companies respect Doug Allen due to his reputation for filing lawsuits when small offers are made to his clients.
You didn’t ask for your injuries. A drunk driver caused you to suffer and Colorado law gives you real leverage to make them and their insurer pay for your injuries and damages.
Call Doug Allen at Allen Accident Law at (970) 232-0774 to get his opinion on your car accident or any other type of accident.
