By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed August 08, 2024
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Colorado car accident laws help victims recover from property damage and bodily injuries after a vehicle accident. Colorado's insurance laws determine who pays for vehicle damage, car accident injuries, and other costs.
This article will discuss Colorado car accident compensation laws.
Colorado is an at-fault state for auto insurance claims. Car accident victims must file claims with the other driver's insurance company. The at-fault driver's insurance pays the damages if the plaintiff proves their claim.
Colorado does not require drivers to have uninsured/underinsured motorist coverage (UM/UIM), but insurance companies must offer it. It's a good idea to have it in case the at-fault driver doesn't have car insurance.
Colorado courts use a modified comparative negligence rule for awards in car accident claims. Under Colorado Revised Statutes §13-21-111, a victim may recover damages even if they are partially responsible for the accident.
In most car accidents, both drivers share some responsibility for the collision. For instance, one driver may have been speeding and run a red light, but the other could have avoided injury by wearing a seatbelt. Colorado law recognizes this and lets the driver recover if they are 50% or less at fault.
In a tort case, "damages" means the monetary payment for an injury claim. Economic damages, such as medical bills, have a set monetary value. Non-economic damages are less easy to calculate. You may request both types of payments in an accident claim.
Courts may award punitive damages if the at-fault party acted with "fraud, malice, or wanton and willful conduct." If the defendant continues to act maliciously during the trial, punitive damages can be up to three times actual damages.
In most cases, the insurance policy amount limits your recovery. The insurer makes a settlement offer based on your claim and the evidence. If it is reasonable, your attorney may tell you to accept it. You need to file a lawsuit only when the insurance company denies the claim or there is a question of fault.
In Colorado, you have limited time to file legal action after a car crash. The statute of limitations is three years from the date of the accident. Some insurance policies require a claimant to exhaust their "administrative remedies," meaning you must go through the company's denial and appeal process before filing a lawsuit. Discuss this with a car accident attorney.
The laws limit the amount a plaintiff can receive for non-economic damages. The court uses a complex set of calculations to set the cap and adjust it for inflation. It is now between $250,000 and $1.5 million. This is another area to discuss with a personal injury attorney.
Car accident cases can leave you in need of medical care. Before you file a personal injury claim, get advice from a qualified Colorado car accident lawyer to protect your settlement rights.
Contact a qualified attorney.
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