What to Do After a Car Accident in Castle Rock
A step-by-step timeline from the crash scene to your first attorney consultation.
Rampart Injury Lawyers handles all types of car, truck, and motorcycle accidents throughout Colorado. One of the most common questions we get when we intake a case, or even after client representation is concluded, is “what should I have done after the car accident?” After a crash you are thinking a hundred things at once, and none of them are about building a legal case. However, that is also the critical moment to preserve, retain, and obtain evidence, so knowing what to do before it happens may help you in the unfortunate situation that you are ever involved in a car crash.
It is normal not to know what to do in the moment. Nobody prepares for this moment, but what you do in the 30 minutes, 24 hours, and 30 days after a car crash might determine whether you have a strong case or a case full of holes the insurance company will drive through. This guide walks you through every step, in order, with the Colorado-specific rules that apply to your situation.
The simple answer is this. After a car accident in Colorado, and when it is safe to do so: call 911 and document the scene with photographs, exchange insurance information, get a medical evaluation within 24 hours if you have any indication of injuries at all, report the crash if it caused injury, death, or property damage over $1,000 (C.R.S. § 42-4-1606), do not give a recorded statement to the other driver’s insurer, and consult a personal injury attorney before accepting any settlement offer. Colorado has a three-year statute of limitations (C.R.S. § 13-80-101), but evidence disappears in days, not years.
At the Scene: The First 60 Minutes
1. Check for Injuries and Call 911
Safety always comes first, so check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Even if the crash seems minor, calling law enforcement creates an official record. Under C.R.S. § 42-4-1601, every driver involved in a crash resulting in injury or death must stop, remain at the scene, and render reasonable assistance. Leaving the scene of an injury accident is a Class 1 misdemeanor or felony depending on the severity of the injuries.
2. Move to Safety If Possible
If the vehicles are drivable and in a dangerous position, blocking a highway lane or sitting in an intersection, Colorado law allows you to move them to the shoulder or a safe area. Do not leave the immediate vicinity. If the vehicles cannot be moved, turn on hazard lights and stay inside your vehicle with your seatbelt on until first responders arrive. Secondary crashes are a real risk, especially on high-speed corridors like I-25 and Highway 83.
3. Document Everything with Your Phone
Your phone is one of the most important evidence-gathering tools you have. Even before vehicles are moved, before tow trucks arrive, and before the scene changes in any way, take photographs of all vehicles from every angle, the intersection or road, signals, signs, lane markings, road conditions, skid marks and debris, your visible injuries, the other driver’s license plate, insurance card, and driver’s license, along with the weather and lighting conditions.
If you can, take a video too. The video could be something as simple as a 30-second walk-around of the scene, but it could capture details the photographs miss such as the incline of the road, visibility, and distances. Videos can be slowed down or replayed to find additional evidence that you might not have otherwise photographed.
4. Exchange Information, but Limit What You Say
Get the other driver’s name, phone number, insurance company, policy number, and license plate. Then give yours in return. Be polite and cooperative, but do not discuss fault. Unless you were really at fault, do not say “I’m sorry” or “I didn’t see you.” If you were at fault, own up to it and it is okay to say those things, but if you really were not at fault it does not help the situation to apologize for someone else’s actions. It will not improve the situation and it might be used against you. Remember, everything you say at the scene can end up in the insurance file and be used to assign you a percentage of fault under Colorado’s comparative negligence law (C.R.S. § 13-21-111).
5. Get Witness Contact Information
If anyone witnessed the crash, get their name and phone number before they leave. Witnesses disappear. People who watched the crash from the car behind you, the parking lot across the street, or the sidewalk are the most valuable neutral evidence you can collect. This is in part because their statements are not influenced by whose insurance company they work for, and jurors will know that.
6. Get a Medical Evaluation If You Need It
This is not optional if you have any pain at all. Even if you walked away from the crash feeling okay, you should get a medical evaluation within 24 hours if you experience any pain or issues after a car crash. The reason is both medical and legal.
Medically, adrenaline and endorphins mask pain for hours after a crash. Concussion symptoms can take 24 to 72 hours to manifest. Disc herniations may not produce radiating pain for days or weeks. Internal bleeding can develop slowly. In some cases, soft tissue injuries like whiplash can feel like a stiff neck on day one and become debilitating by day seven.
On the legal side, the insurance adjuster will scrutinize the gap between the crash and your first medical visit. If you wait three days, the adjuster argues the crash did not cause your injuries, or that they are not serious. To the best you can, a same-day or next-day evaluation helps close that argument. Go to the ER if your symptoms are severe. Otherwise, go see your primary care doctor or an urgent care clinic. Tell them everything. Every symptom, every pain, even the ones that seem minor. If you do not report it, the defense will say you did not have it.
7. Report the Crash to Law Enforcement
Under C.R.S. § 42-4-1606, any crash resulting in injury, death, or property damage exceeding the reporting threshold must be reported. If law enforcement responded to the scene, the officer will file a crash report. Even if no officer responded, which is common in minor crashes on private property or in parking lots, you should file a report with the police department. You can obtain a copy of the crash report from police department records or sometimes the Colorado DOR. The report typically takes 5 to 10 business days to become available. It is best to request a copy as soon as possible.
8. Notify Your Own Insurance Company
Most auto insurance policies require prompt notification of any crash, regardless of fault. Notify your own insurer that the crash occurred. They will ask for details and it is okay to give the basic facts: date, time, location, and the other driver’s information. However, it is usually best to keep it factual and brief. Under almost every insurance policy issued in Colorado, you have a contractual obligation to cooperate with your own insurer, but you also have the right to consult an attorney before providing detailed statements.
CRITICAL DISTINCTION:
You generally must cooperate with YOUR OWN insurance company under the terms of your policy. You are NOT required to give a recorded statement to the OTHER driver’s insurance company. That adjuster will call. Politely decline until you have spoken with a lawyer.
9. Do Not Give a Recorded Statement to the Other Driver’s Insurer
The opposing insurance company’s representative will contact you after 24 to 72 hours. They will seem concerned. They will tell you they just need some additional information to finalize processing your claim. They will request a taped interview or recorded statement. This is not an objective inquiry into the facts. Each question is designed to obtain responses that either lower the value of your claim or raise the amount of fault assigned to you.
Some common pitfalls include “How are you doing today?” hoping you say fine so later they can claim you admitted you were fine, “Were you in a hurry?” to imply negligence, and “Had you seen the other vehicle prior to the collision?” so they can argue you failed to take appropriate evasive action. You have no legal obligation to provide the other party’s insurance carrier with a taped or recorded statement. Politely decline their request. All communication with the opposing insurance carrier should be made through your attorney.
10. Preserve Evidence Before It Disappears
Evidence has an expiration date. Dash cam footage on a loop camera overwrites within 24 to 72 hours. EDR, or black box, data in modern vehicles can be overwritten by a single subsequent trip. Cell phone carrier tower records are purged on rolling schedules. Traffic camera footage from CDOT and municipal systems is retained for limited periods, sometimes as short as 72 hours. Business surveillance cameras near the crash site record over old footage regularly.
An attorney can send spoliation letters to the other driver’s insurer demanding preservation of all electronic evidence within hours of being retained. This is one of the most time-sensitive steps in any car accident case. Evidence that exists on day two may be gone by day ten.
11. Start a Pain and Symptom Journal
Every day, write down what hurts, what you cannot do, how you slept, and how the injury is affecting your daily life. This is not dramatic. It is documentary evidence. For some clients this looks like a journal entry from day three that says “Could not pick up my daughter because of sharp pain in lower back. Woke up twice from pain. Could not drive to work.” These are specific, time-stamped pieces of evidence showing how the injury affected your life. It is also evidence that is difficult to fabricate after the fact, because the detail and progression are practically impossible to reconstruct months later.
12. Follow Your Doctor’s Treatment Plan
Your doctor has provided you with a plan of care. Consistently follow through on this plan. If your doctor ordered you to see a specialist, make the appointment. If your doctor prescribed physical therapy two times per week, then make those visits two times per week. If your doctor prescribed an MRI, get the MRI. An insurance adjuster is going to review your medical history. All missed appointments, delayed referrals, and missed therapy sessions become proof that your injuries were less severe than you claimed. Be consistent with your follow-through. Most importantly, it also helps you recover.
13. Consult a Personal Injury Attorney
Most personal injury attorneys, including Rampart Injury Lawyers, offer free consultations. You do not need to have a big case to call. The consultation answers three questions: do you have a viable claim, what evidence is necessary to obtain or organize, and what steps need to happen next. If you decide to hire an attorney, most work on contingency, meaning no upfront cost and no attorney’s fee unless they recover money for you.
The earlier you consult, the more evidence your attorney can preserve. Waiting three months could mean the dash cam footage is gone or the EDR data is overwritten. It could also mean witnesses cannot remember what exactly happened and will not be as helpful as they might have otherwise been.
14. Do Not Accept the First Settlement Offer
The opposing insurer may make a settlement offer within the first few weeks. It will sound reasonable. It might cover your current medical bills with a small amount added for pain and suffering. What it will not cover is the MRI your doctor has not ordered yet, the surgery the orthopedist will recommend next month, the six months of physical therapy after that, or the chronic pain that will still be there in a year. The real trouble is that if you accept, you sign a full and final release meaning your case is closed forever. There is no reopening it, even if your injuries turn out to be far worse than expected.
15. Track Every Expense
Keep a file, digital or physical, of every cost related to the crash. This includes medical bills, pharmacy receipts, copays, mileage to medical appointments, parking fees at the hospital, lost wages documentation from your employer, rental car costs, tow bills, property damage estimates, diminished vehicle value, and household services you had to hire out such as cleaning, yard work, or childcare because of your injuries. Every dollar you spend because of this crash is a recoverable economic damage in Colorado, and there is no cap on economic damages.
16. Understand Colorado’s Key Deadlines
Deadline Timeframe Authority Personal injury statute of limitations 3 years from date of crash C.R.S. § 13-80-101 Wrongful death statute of limitations 2 years from date of death C.R.S. § 13-21-204 Government vehicle (CGIA notice) 182 days from incident C.R.S. § 24-10-109 Crash report File promptly; available 5-10 business days C.R.S. § 42-4-1606 UM/UIM claim Usually concurrent with personal injury SOL but consult with an attorney C.R.S. § 13-80-107.5 Evidence preservation (practical) Can be as little as 24-72 hours for dash cam, EDR, cameras N/A (practical deadline) GOVERNMENT VEHICLE WARNING: This is important. If your crash involved a CDOT snowplow, municipal vehicle, police cruiser, school bus, or any government-owned vehicle, you must file a notice of claim within 182 days under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). Missing this deadline is fatal to your claim and there is no cure. Contact an attorney immediately if this applies to your situation.
Do I Have to Call the Police After a Car Accident in Colorado?
You are not required to call police for every fender-bender, but you should. If the crash involved any injury, death, or property damage above the reporting threshold, you must report it under C.R.S. § 42-4-1606. A police report creates an official record that strengthens your case and helps provide evidence of what happened.
Should I Go to the Emergency Room If I Feel Okay?
If you have any symptoms at all, which can include headache, neck stiffness, dizziness, nausea, or confusion, you should go to the ER. If you feel fine at first but then experience any pain or issues, see your primary care doctor or an urgent care clinic within 24 hours. For severe issues, go to the ER. Again, adrenaline masks pain. Injuries like concussions, disc herniations, and internal injuries can take hours or days to present symptoms. A prompt medical evaluation protects both your health and your case.
What Should I Say to the Insurance Adjuster Who Calls Me?
If it is your own insurance company calling you, you must cooperate under the terms of the contract, which means providing basic facts such as the date, time, location, and other driver’s information. If it is the other driver’s insurance company, you are not required to speak with them at all. Decline the recorded statement. It is best to have your attorney handle communications with the other side’s insurance company.
How Do I Get a Copy of the Police Report?
You can request the crash report from the Colorado Department of Revenue or the law enforcement agency that responded. Reports typically become available 5 to 10 business days after the crash. You can request them online through the Colorado DOR crash records portal.
Can I Still File a Claim If I Did Not Call the Police?
Yes. The absence of a police report does not bar a claim. It does mean you will need other evidence to establish what happened, such as photographs, witness statements, dash cam footage, medical records, and your own documentation. The bottom line is a police report helps, but it is not required to file a personal injury claim.
What If the Other Driver Does Not Have Insurance?
If the at-fault driver is uninsured, you may file a claim under your own uninsured motorist coverage. Colorado law requires insurers to offer UM coverage under C.R.S. § 10-4-609. Check your declarations page to see if you have it.
How Long Do I Have to File a Lawsuit After a Car Accident in Colorado?
Three years from the date of the crash for personal injury under C.R.S. § 13-80-101. Two years from the date of death for wrongful death under C.R.S. § 13-21-204. But evidence disappears in days, not years. Do not wait until the deadline approaches.
Should I Post About My Accident on Social Media?
No. Do not post about your accident on social media, but if you have already done so, do not delete, alter, or modify anything either. Insurance adjusters and defense investigators actively monitor claimants’ social media accounts. What may seem like a simple photo, check-in, or even a positive status update can be taken out of context and used to argue your injuries are exaggerated. It is best to avoid posting anything related to the crash, your injuries, or your daily activities until your case is resolved.
Do I Need a Lawyer for a Minor Car Accident?
It depends on the injury. If you were truly uninjured and only have property damage, you may be able to handle the claim yourself. If you have any medical treatment at all, consulting a lawyer is worth the time. The consultation is free at most firms, including Rampart. A lawyer can spot issues you would miss, such as stacking opportunities, underinsured motorist coverage, diminished vehicle value, and fault arguments that reduce your recovery.
What If I Was Partially at Fault for the Crash?
You can still recover in Colorado as long as you were less than 50% at fault under C.R.S. § 13-21-111. Your recovery is reduced by your fault percentage. At 50% or more, you recover nothing. This is why protecting your fault percentage from the moment of the crash matters.
DO NOT DO THESE THINGS AT THE SCENE:
• Do not admit fault or apologize unless you were at fault. Saying “I’m sorry” is a recorded admission that might be used against you even if you were not at fault.
• Do not discuss the crash in detail with the other driver. It is better to stick to exchanging information.
• To the best you can, do not post about the crash on social media. Not a photo, not a status update, not a story. Nothing, because the insurance company is watching and waiting to use it against you.
• Do not tell the officer you are “fine” if you have not been medically evaluated. Remember, adrenaline masks pain.
The First 24 Hours
The First Week
The First 30 Days
Evidence That Disappears: A Countdown
The clock starts ticking the moment of impact. Here is how fast critical evidence can vanish:
| Evidence Type | Common Retention Windows | Why It Matters |
|---|---|---|
| Dash cam footage (loop) | 24-72 hours | Captures pre-impact speed, positions, and signals |
| EDR / black box data | Overwritten on next trip | Pre-crash speed, braking, throttle, steering |
| Cell tower records | Carrier-dependent (weeks to months) | Proves phone use at time of crash |
| Traffic camera footage (CDOT) | 72 hours to 30 days | Captures intersection approaches and crashes |
| Business surveillance cameras | 3-30 days | Exterior cameras at gas stations, stores, banks |
| Uber/Lyft app status logs | Must be demanded promptly | Proves rideshare period, coverage tier |
| Witness memory | Degrades within days | Details fade fast; get contact info at the scene |
A spoliation letter from an attorney can legally require the opposing party and their insurer to preserve this evidence. Without that letter, they have no obligation to keep it, and they will not volunteer to do so.
Frequently Asked Questions: What to Do After a Car Accident in Colorado
Just Been in a Colorado Car Accident? Call Rampart.
You are reading this because something just happened. Maybe it was an hour ago. It could have been yesterday or months ago. The goal is the same. You are trying to figure out what to do next. That is the right instinct.
Rampart Injury Lawyers handles car accident cases across the I-25 corridor from Denver to Colorado Springs. The consultation is free. There is no attorney’s fee unless we recover money for you. And the earlier you call, the more evidence we can preserve. One conversation. That is where every case starts.
