Car accidents in Colorado can leave victims with serious injuries and mounting expenses. Whether you’re navigating the streets of Denver or driving through snowy mountain passes, it’s important to understand how Colorado law handles fault, insurance, and claims. This guide outlines the key car accident laws in Colorado to help you protect your rights and secure fair compensation after a crash.
Colorado Is an At-Fault State
Colorado operates under a fault-based car insurance system. This means the driver who causes the accident is responsible for paying for the damages. After a crash, injured parties have three main options:
- File a claim with their own insurance company
- File a claim directly with the at-fault driver’s insurance provider
- File a personal injury lawsuit against the at-fault driver
Fault must be established before compensation can be awarded.
Modified Comparative Negligence Rule
Colorado uses a modified comparative negligence rule with a 50% threshold. You can recover compensation if you are less than 50% at fault. However, your compensation will be reduced by your percentage of fault. If you’re found 50% or more at fault, you won’t be eligible to recover damages.
Minimum Auto Insurance Requirements in Colorado
Colorado drivers are required to carry minimum liability insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
In addition to liability insurance, insurers must offer uninsured/underinsured motorist (UM/UIM) coverage and medical payments (MedPay) coverage, though both can be declined in writing. MedPay coverage pays for medical expenses regardless of fault.
Statute of Limitations
You have three years from the date of the car accident to file a lawsuit for injuries or property damage in Colorado. If the accident involved a government entity, you must file a formal notice of claim within 180 days of the incident. Missing these deadlines may permanently bar your claim.
When to Report an Accident
Colorado law requires you to report a car accident to law enforcement if:
- Someone is injured or killed
- There is property damage
- The vehicles cannot be moved safely
Most accidents should be reported immediately by calling 911. A written report may also be necessary for insurance purposes.
What If the At-Fault Driver Is Uninsured?
If you’re hit by an uninsured or underinsured driver, you can turn to your UM/UIM coverage if you have it. This insurance helps pay for medical bills and lost income when the other driver cannot cover your expenses. If you declined UM/UIM coverage, your options for recovery may be limited.
Recoverable Damages After a Crash
If you are injured in a Colorado car accident, you may be entitled to:
- Medical bills (including future treatment)
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages are rare but may be awarded if the at-fault driver acted with extreme recklessness.
Special Rules for Winter Driving Accidents
Colorado’s winter conditions frequently contribute to car accidents. While weather is a factor, drivers are still expected to adjust their behavior to road conditions. Failing to slow down, use proper tires, or clear windows can be considered negligent and result in liability.
Should You Hire a Car Accident Lawyer in Colorado?
If you’ve been seriously injured or are dealing with an uncooperative insurance company, hiring a car accident lawyer can help. An attorney can handle the legal process, preserve evidence, and fight for a fair settlement. Most lawyers offer free consultations and only charge if they win your case.