Overview

Start with the big idea

A serious crash triggers many systems at once: emergency response, police reporting, medical treatment, billing, insurance, criminal or traffic proceedings, restitution, vehicle damage, towing, storage, and evidence preservation. The safest approach is not to react to each system separately. It is to use one disciplined workflow and one master file.

Protect others

Secure children, older adults, disabled passengers, pedestrians, cyclists, and anyone exposed to traffic, fire, leaking fuel, broken glass, or roadside danger.

Protect yourself

Get medically evaluated, tell providers exactly what hurts, and begin a same-day record of symptoms, observations, and decisions.

Protect the file

Preserve the scene, identify all possible insurers and policies, request the right records early, and calendar deadlines that begin running immediately.

Reader warning: Do not treat the insurance claim, medical-billing problem, vehicle-damage problem, and criminal or traffic case as separate worlds. They overlap. The file should be built once, carefully, and updated continuously.

First 72 Hours

The first 72 hours matter

The first three days after a serious crash often decide whether the victim controls the file or spends the next year trying to reconstruct what should have been preserved at the start.

Do immediately

Call 911 when anyone may be hurt or when the crash blocks traffic or creates danger.
Accept medical evaluation when symptoms, shock, breathing problems, head injury, chest pain, dizziness, numbness, or serious impact are present.
Photograph vehicles, plates, damage, scene layout, signs, signals, skid marks, debris, weather, cargo, and business markings.
Get witness names, phone numbers, and what each witness saw.
Write down same-day symptoms before memory fades.

Do not rush

Do not give a recorded statement before understanding which insurer is calling and why.
Do not assume the first policy identified is the only policy that matters.
Do not sign a release while injuries, bills, liens, policy disclosures, and UM/UIM issues remain unresolved.
Do not rely on phone calls when written records are needed.
Do not let a tow yard, hospital, insurer, or adjuster become the only source of the record.

Workflow

The crash-victim workflow

The most important move is sequence. Work from safety to evidence, then treatment, coverage, records, deadlines, and written requests.

Stage	What to do	Main purpose	Key output
1. Safety	Call 911. Protect children, passengers, and anyone at risk from traffic, fire, smoke, leaking fuel, or roadside danger. Move only if it is safe.	Protect life and prevent secondary injury.	Scene safety, EMS response, law-enforcement dispatch.
2. Scene evidence	Capture the scene before it changes: vehicles, final-rest positions, damage, traffic controls, debris, skid marks, weather, plates, cargo, business logos, ladder racks, tools, and witnesses.	Preserve facts before they disappear.	Photo/video set, witness list, scene notes.
3. Medical record	Get evaluated and create a clean medical record. Tell providers where you hurt, what symptoms began that day, and how the crash happened.	Protect health and document injury.	EMS record, ER record, discharge papers, symptom baseline.
4. Insurance disclosure	Request the crash report, identify every insurer and possible policy, and send the policy-disclosure demand to the insurer's registered agent when appropriate.	Force transparency before settlement pressure begins.	Crash-report request, disclosure demand, deadline calendar.
5. Criminal or traffic case	If there is a citation, traffic case, misdemeanor, or criminal case, track the docket, prosecutor, victim advocate, court dates, and restitution path.	Protect the victim's position in the public case.	Case number, prosecutor contact, restitution packet.
6. Medical billing	Request complete records and itemized billing from every hospital, trauma center, ambulance service, radiology group, and treating provider.	Separate treatment, billing, liens, collections, and insurance payments.	Medical-record set, itemized bills, billing ledger, lien notices.
7. Master file	Build one master file: timeline, evidence log, communications log, bills log, wage-loss log, deadline log, and document index.	Control the case instead of reacting to it.	A working case file ready for complaint, negotiation, settlement, or litigation review.

Evidence

Evidence to preserve early

The crash scene is often the last neutral moment before insurance handling, medical billing, and litigation positioning begin reshaping the record. Preserve more than feels necessary.

Scene evidence

Wide shots, intersection layout, lane markings, traffic signals, signs, debris, skid marks, weather, roadway defects, close-up damage, plates, VINs, tow tags, and business markings.

Witness evidence

Names, phone numbers, emails, where each witness stood, what they said they saw, and whether they took photos or video.

Electronic evidence

Dash-cam footage, surveillance requests, body-cam requests, telematics or EDR hold issues, phone records, texts, or messages with the driver, employer, passengers, or witnesses.

Physical evidence

Helmets, phones, eyeglasses, torn or bloody clothing, damaged car seats, prescription bottles, mobility aids, child restraints, and anything else that shows force or injury.

Medical baseline

Same-day symptom notes, pain areas, dizziness, breathing issues, numbness, confusion, mobility problems, and what changed by the hour, overnight, and the next morning.

Original-file rule

Keep originals untouched. Work only from duplicates when you label, crop, highlight, redact, compress, or annotate images and PDFs.

Working rule: If an item, image, or record may matter later, keep the original, create a duplicate, and log both.

Questions

Questions to ask early

Your working file should answer five classes of questions: identity, coverage, injury, money, and criminal or traffic-case posture.

Identity Who was driving? Who owns the vehicle? Was the trip personal, work-related, delivery-related, site-related, or employer-related? Who employs the driver? What police agency has the report number?

Coverage What liability policy covers the at-fault driver? What other policies may be relevant: owner, employer, umbrella, commercial auto, hired/non-owned auto, household, UM/UIM, or MedPay?

Injury What symptoms started at the scene? What changed by the hour, day, and week? What providers saw the patient? What diagnoses, imaging, restrictions, prescriptions, and referrals were recorded?

Money What bills exist? Which were paid by MedPay, health insurance, or another payer? Were liens asserted? Was discounted-care screening performed? What wage loss, mileage, pharmacy, equipment, and out-of-pocket expense has occurred?

Public case Is there a citation, complaint, summons, or criminal case number? Which court has the case? Who is the prosecutor or victim advocate? Has restitution paperwork been requested?

Records

Records to prepare

A crash file becomes manageable when every record category has a place. Build the file by category, not by whatever arrives first.

Crash and identity records Crash-report request, witness sheet, scene photographs, VIN and plate photographs, business-card or employer notes, tow information, citation information, and incident number.

Coverage records Policy-disclosure demand, proof of delivery to the registered agent, claim-number log, insurer contact list, declarations pages, tender letters, coverage letters, reservation-of-rights letters, and release drafts.

Medical records EMS records, ER records, trauma records, hospital chart, imaging reports, operative reports, discharge instructions, follow-up records, prescription records, PT records, and referral notes.

Billing and lien records Itemized bills, EOBs, payment logs, discounted-care screening records, lien notices, assignment notices, collection letters, payment-plan terms, and provider billing ledgers.

Loss records Wage-loss spreadsheet, PTO use, employer verification, mileage, pharmacy costs, equipment costs, replacement-property costs, service costs, transportation costs, and out-of-pocket receipts.

Criminal, traffic, and restitution records Docket printout, charging document, citation, court-date notices, prosecutor or victim-advocate contact, restitution statement, victim-impact materials, and restitution updates.

Master control documents Timeline, evidence index, communications log, deadline calendar, document index, bills ledger, issues list, and a running settlement-readiness checklist.

Letters

Core written requests to send

These are the first formal requests many crash victims will need. Each one should be factual, dated, and preserved with proof of delivery.

1. Crash-report request Request the crash report or crash information from the DMV or investigating agency, using the proper form, fee, and identifiers.

2. Policy-disclosure demand under C.R.S. § 10-3-1117 Send a written demand to the insurer's registered agent asking for each known policy that is or may be relevant, including umbrella, excess, commercial, owner, employer, or other potentially relevant coverage.

3. Criminal-case or traffic-case request Request or confirm the case number, charges or citation, court dates, prosecutor, victim advocate, and process for submitting restitution and victim-impact materials.

4. Restitution submission letter Submit current losses with supporting records and confirm how and when restitution can be updated before plea, sentencing, or other court action.

5. Hospital or trauma-center records and billing request Request the complete medical record, full itemized billing, discounted-care screening materials, lien notices, and outside billing or collection contacts.

6. Preservation request When appropriate, send a preservation request for dash-cam, surveillance, telematics, EDR, dispatch, employment, maintenance, vehicle-use, delivery, or ride-share records.

Letter-writing rule: Replace bracketed text carefully, keep all names and dates exact, and save proof of delivery for every formal request.

Public Cautions

Public-facing cautions for crash victims

Do not do this casually

Do not give a recorded statement just because the caller sounds friendly.
Do not assume the first policy identified is the only policy that matters.
Do not ignore MedPay, Hospital Discounted Care, health insurance, lien notices, or collection letters while waiting for the liability claim to mature.
Do not assume the hospital, insurer, or collections vendor is protecting your financial interest.
Do not post about the crash, injuries, or claim strategy on social media.

Do not finalize too early

Do not sign a release before the medical picture is mature enough.
Do not sign a broad release before policy disclosures, UM/UIM issues, liens, and non-settling parties are understood.
Do not assume the criminal case is handling the financial case for you.
Do not assume a policy-limits offer proves there is no other insurance.
Do not let later truth be your plan if the file is about to become final.

Medical Billing

Medical bills, liens, and discounted-care screening

Medical care and medical billing are different systems. A crash victim may receive high-quality care and still face confusing invoices, outsourced billing, liens, collection letters, reimbursement demands, or pressure to use settlement money before all coverage is known.

What to request

Complete medical records, not just discharge papers.
Full itemized bills from each provider.
Billing ledgers showing payments, adjustments, write-offs, and balances.
Hospital Discounted Care screening records and application materials.
All lien notices, assignment notices, collection letters, and third-party billing contacts.

What to watch

Separate ambulance, ER, physician, radiology, trauma, surgery, and facility bills.
Medical liens that try to intercept liability or UM/UIM settlement funds.
Collections activity while insurance or discounted-care rights remain unresolved.
Charges routed to out-of-state billing or lien vendors.
Pressure to resolve billing before all coverage sources are identified.

Restitution

Criminal or traffic-case restitution

If the crash results in a citation, traffic case, misdemeanor, or criminal charge, the victim should not assume that restitution will be handled automatically. Track the case, identify the prosecutor or victim advocate, and submit a documented loss packet.

Get the case number Ask the investigating agency, court, prosecutor, or victim advocate for the docket number, court, charge, citation, and upcoming dates.

Identify the prosecutor and victim advocate Find the person responsible for receiving restitution documents and victim-impact materials.

Build a restitution packet Include medical bills, out-of-pocket expenses, wage loss, property damage, mileage, pharmacy costs, equipment costs, and any other documented losses that fit the restitution process.

Update before sentencing Ask how and when updated restitution can be submitted before plea, sentencing, or final restitution orders.

Important: Restitution and civil recovery are not the same thing. Track both, and do not assume one system fully protects rights in the other.

FAQ

Common questions

Should I call my own insurance company? Usually yes, but be careful and factual. Your own policy may include MedPay, UM/UIM, collision, rental, or roadside coverage. Keep a written log of what you reported and what the insurer requested.

Should I talk to the at-fault driver's insurer? You may need to communicate, but do not give recorded statements, accept settlement, or sign releases casually. Ask for written requests and identify the purpose of each communication.

What if the at-fault driver was working? Document employer, vehicle owner, job site, vehicle markings, cargo, tools, dispatch records, delivery app use, and work purpose. Work use may affect coverage, liability, and additional policy sources.

What if hospital bills arrive before the claim is settled? Request itemized bills, billing ledgers, discounted-care screening materials, and lien notices. Do not assume the liability insurer will protect you from hospital billing or collections.

When is the claim ready to settle? A claim is usually not ready to settle until injuries, bills, liens, wage loss, policy disclosures, UM/UIM issues, MedPay, and release language have been reviewed together.

Authorities

Colorado legal authorities and official links

This section gives readers a direct authority library for the workflow above. These links can also be used in a downloadable white paper or a separate resource page.

Crash reports and crash-record access Colorado DMV resource for reporting a crash and obtaining crash records. Colorado DMV — Report a Crash and Obtain a Crash Record

Online crash report filing Colorado.gov page for filing an online crash report when a police officer was not called to the scene. Colorado.gov — File an Online Crash Report

Policy disclosures C.R.S. § 10-3-1117 governs required automobile liability-policy disclosures, including known excess or umbrella insurance that is or may be relevant to the claim. Read C.R.S. § 10-3-1117

Bohanan — “is or may be relevant” disclosure scope Colorado Court of Appeals decision addressing the breadth of the § 10-3-1117 disclosure obligation. Bohanan v. Esurance Property and Casualty Insurance Co., 2026 COA 6

Weatherill — limitations issue for § 10-3-1117 claims Colorado Court of Appeals decision addressing the limitations period for required-disclosure claims. Weatherill v. State Farm Mutual Automobile Insurance Co., 2026 COA 11

Insurance complaints DORA and DOI complaint pathways for insurance-consumer issues. DORA — File a Complaint DORA — Insurance Consumer Protection

Restitution support Colorado Judicial Branch Office of Restitution Services supports victims owed court-ordered restitution. Colorado Judicial Branch — Office of Restitution Services

Victim rights Colorado Division of Criminal Justice resources on the Victim Rights Act and crime-victim protections. Colorado Division of Criminal Justice — Victim Rights Act

Crime victim compensation Colorado resource for crime-victim compensation information. Colorado Division of Criminal Justice — Crime Victim Compensation

Hospital Discounted Care Colorado HCPF resource for hospital financial-assistance screening, discounted-care materials, and patient-facing information. Colorado HCPF — Colorado Hospital Discounted Care Colorado HCPF — Hospital Discounted Care Resources

Hospital liens Colorado hospital-lien statute for hospital care after injury. C.R.S. § 38-27-101 — Lien for Hospital Care

Health-care provider liens Colorado health-care provider lien statute and provider-lien limitations. C.R.S. Title 38, Article 27.5 — Health-care Provider Liens C.R.S. § 38-27.5-105 — Health-care Provider Lien Limitations

HIPAA right of access Federal right-of-access regulation for obtaining protected health information. 45 C.F.R. § 164.524 — Right of Access to Protected Health Information

Glossary

Short glossary

Policy disclosure: The process of requesting relevant automobile liability policy information before settlement or litigation decisions are made.
MedPay: Medical payments coverage under an auto policy for qualifying accident-related medical expenses.
UM/UIM: Uninsured or underinsured motorist coverage that may apply when the at-fault driver has no insurance, denied coverage, or too little coverage.
Restitution: Court-ordered repayment in a criminal or traffic case for losses caused by the defendant's conduct.
Lien: A claimed legal interest in settlement or recovery funds, often asserted by a hospital, provider, or reimbursement claimant.
Master file: The organized case record containing the timeline, evidence, records, bills, correspondence, deadlines, and issues list.

Appendices

Optional appendices for a longer reference version

Appendix A. Master file folder structure

Use this folder structure: 1. Crash report and scene evidence. 2. Driver, owner, employer, and vehicle identity. 3. Insurance and policy disclosures. 4. Medical records. 5. Medical bills, liens, and collections. 6. MedPay and health-insurance payments. 7. UM/UIM materials. 8. Vehicle damage, towing, and storage. 9. Wage loss and out-of-pocket expenses. 10. Criminal, traffic, restitution, and victim-rights materials. 11. Correspondence and phone logs. 12. Deadlines, issues, and settlement readiness.

Appendix B. First request packet

A first request packet may include: 1. Crash-report request. 2. Policy-disclosure demand. 3. Preservation request for video, telematics, EDR, employment, and dispatch records. 4. Medical-record and itemized-billing requests. 5. Hospital Discounted Care screening request. 6. Criminal or traffic-case docket request. 7. Restitution contact request. 8. MedPay claim notice. 9. UM/UIM notice, if liability coverage may be inadequate.

Appendix C. Settlement-readiness screen

Before settlement, ask: - Are injuries medically stable enough to evaluate? - Are all medical bills and liens known? - Have all relevant policies been disclosed? - Are MedPay and health-insurance payment issues resolved? - Is UM/UIM preserved? - Does the release identify exactly who is released? - Does the release preserve non-settling parties? - Are restitution and criminal-case issues separate and understood? - Are hospital liens, provider liens, collections, and reimbursements addressed? - Is the settlement net recovery understood after all deductions?

Bottom line

No one else will assemble the whole file for you. The safest path is to move in sequence, preserve more than you think you need, request records early, and build one master file strong enough for insurance, restitution, complaint, negotiation, settlement, or litigation review.

About

About this page

This page is written as a Colorado-focused citizen's guide for crash victims and the people helping them. It is meant to help readers protect life, preserve evidence, organize records, and move deliberately through insurance, medical, billing, restitution, and public-case systems after a collision.

Important notice

This page provides public-interest educational information and commentary. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for advice from a qualified attorney. Every crash depends on its own facts, policies, deadlines, injuries, records, bills, liens, and governing law.