Kit Carson, CO Personal Injury Law Firms & Lawyers

You might be able to get the first insurance company to pay for the whole bill, but you would probably have better luck getting the insurance companies to split the bill. It is important to realize the insurance companies may have a valid argument that this was an unavoidable accident that was not the responsibility of either of their insureds, in which case you will recover nothing. I recommend taking what settlement you can get.

I can't tell from your email what condition you were in before you were in the recent collision. If your doctors think that the recent collision significantly worsened your condition, then you may have a good claim against the driver who just hit you. I'd suggest that you talk to another lawyer.

The injury that you describe is a significant one for which you are likely to experience some degree of permanent impairment or disfigurement.  Before you sign any document provided by the HOA and before you accept any money, you absolutely should speak with an attorney.  You should not rely upon the HOA representative for your legal advice, the HOA is obviously better off if you accept the offer and agree not to sue.  The value of your claim depends upon your HOA agreement, the facts of the actual accident and your condition once you reach maximum medical improvement.  Typically orthopedic injuries tend to require at least one year for a determination of any possible permanent problems.  If liability can be established, an injury such as yours would probably settle well into six figures.