Colorado car accident laws require you to stop after a crash, share your information, and report certain accidents to the police. Colorado follows a “modified comparative negligence” rule. This means you can recover money for your injuries only if you were less than 50% at fault. Any payment you receive will be reduced by your percentage of fault.
Colorado drivers must have at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $15,000 for property damage. In most cases, you have three years from the date of the accident to file an injury claim, but some exceptions may apply.
Below are the main steps to take after a crash, the evidence that can support your claim, insurance rules, and important deadlines.
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Key Takeaways
- Colorado follows a “modified comparative negligence” rule. You can usually recover money for your injuries only if you were less than 50% responsible for the crash.
- Your payment is reduced by your share of fault. For example, if your damages are $100,000 and you were 20% at fault, you could recover $80,000.
- Colorado drivers must have at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $15,000 for property damage.
- Most injury claims from Colorado car accidents must be filed within three years. Wrongful-death claims generally must be filed within two years.
- After a crash, report it as soon as possible, get medical attention, save photos and documents, and avoid saying the accident was your fault when speaking with insurance companies.
Colorado Car Accident Laws at a Glance
Colorado car accident laws explain who pays after a crash, what insurance is required, when you must report an accident, and how long you have to file a claim.
Colorado uses a modified comparative fault rule. This means you can recover money only if the other party was more at fault than you were. If you’re 50% or more at fault, you generally can’t recover damages from the other driver or other responsible parties.
Under Colorado’s modified comparative fault rule, you generally cannot recover damages if you are 50% or more at fault.
Colorado drivers must carry liability insurance. The policy must include minimum coverage for injuries and property damage caused to others.
In most cases, you have three years from the date of a car accident to file an injury claim. Property-damage-only claims often have a two-year deadline. These deadlines can vary based on the circumstances, so acting promptly is important.
Medical records, diagnoses, and evidence connecting your injuries to the crash can strongly affect whether your claim succeeds and how much it may be worth.
What to Do After a Colorado Car Accident
After a Colorado car accident, stop at the scene and check whether anyone is hurt. Call 911 if there are injuries, a dangerous situation, or significant vehicle damage.
Stay at the scene and exchange information with the other driver. Give and collect names, addresses, driver’s license details, vehicle registration, and insurance information. Don’t leave until it’s appropriate to do so.
Do not admit fault or sign anything you don’t understand. If it’s safe, take photos of the vehicles, damage, road conditions, traffic signs or signals, and any visible injuries. Get witness names and contact information.
See a doctor as soon as possible, even if you feel okay at first. Some injuries may not show symptoms right away. Keep copies of medical records, bills, repair estimates, and other accident-related documents.
Report the accident to your insurance company promptly. Your legal duties and your ability to protect an insurance claim should come before concerns about travel plans or road trip etiquette.
When to Call Police and Report a Crash
In Colorado, you must report a crash right away if someone is hurt or killed, or if there’s property damage. Contact the nearest police agency or call 911.
Call 911 if anyone needs medical care, a vehicle is blocking traffic, a driver may be drunk or impaired, or the crash creates another danger on the road.
You should also report crashes on public roads, even if the damage looks minor. Police can decide whether an official crash report is needed.
Do not leave the scene until law enforcement says you can, unless you need emergency medical care. Bad weather, poor visibility, or dangerous road conditions may have contributed to the crash, but they don’t remove your duty to report it.
Evidence for a Colorado Car Accident Claim
Strong evidence can help show how the crash happened, who was at fault, and how the accident affected you. Save photos of the vehicles, road conditions, injuries, debris, traffic lights or signs, and any other important details. Get a copy of the crash report and collect witness names, video footage, medical records, repair estimates, proof of missed work, and messages with the other driver.
Colorado uses a comparative negligence rule under C.R.S. § 13-21-111. This means your compensation may be reduced if you were partly at fault. Clear, accurate evidence can make a major difference.
Keep original documents and files whenever possible. Write down dates, save digital files without changing them, and request video or other evidence quickly before it’s deleted or witnesses forget what happened.
Colorado Auto Insurance Requirements
Colorado law requires drivers to have insurance before they drive. Under C.R.S. § 10-4-620, you must carry proof of insurance and maintain at least the following coverage:
Colorado drivers must carry proof of insurance and maintain minimum coverage required under C.R.S. § 10-4-620.
- $25,000 for injuries to one person
- $50,000 total for injuries in one accident
- $15,000 for property damage in one accident
- Uninsured/underinsured motorist coverage, unless you decline it in writing
- Medical payments coverage, unless you decline it in writing
Before driving, review your policy’s exclusions, deductible, and coverage limits. Buying higher limits can provide more protection for your assets, but it may also raise your premium. Keep your insurance information available in case a police officer or another person involved in an accident needs it.
How Fault Works in Colorado Car Accidents
Colorado uses a modified comparative negligence rule. This means you can recover damages only if you were less than 50% at fault for the crash. Your compensation is reduced by your share of the blame.
For example, if you were 20% at fault and your damages were $100,000, you could recover $80,000.
To show the other driver was at fault, helpful evidence may include the police crash report, witness statements, photos or video of the scene, vehicle damage, and proof that the driver broke a traffic law.
Comparative Negligence Rules
Comparative Negligence in Colorado Car Accident Claims
In Colorado, you can still recover compensation after a car accident if you were partly at fault. However, your share of the blame affects how much you can recover.
Under Colorado law, you may recover damages only if you’re less than 50% at fault for the accident.
- If you’re 49% or less at fault, you may still recover compensation.
- If you’re 50% or more at fault, you can’t recover damages.
- Your compensation is reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found 20% at fault, you’d receive $80,000.
- When more than one other person contributed to the crash, their combined fault may be considered.
This is called modified comparative negligence.
Proving Driver Fault
Your recovery may depend on how much fault each person had. To prove fault, you need to show how the crash happened and which driver broke a traffic law or failed to drive safely.
Useful evidence can include police reports, photos, vehicle data, witness statements, medical records, and traffic-camera footage. This evidence may show that a driver was speeding, texting, changing lanes unsafely, following too closely, or failing to yield.
Preserve evidence as soon as possible. Be careful about what you say to insurance companies, because they may use your statements against you. An attorney can review the facts, explain the traffic laws that apply, and respond when an insurer tries to blame the crash on something unrelated. Strong evidence can help protect your claim and support fair compensation.
Colorado Comparative Negligence Rules
Under Colorado’s modified comparative negligence rule, your compensation is reduced by your share of fault. If you’re less than 50% at fault, you may still recover damages. If you’re 50% or more at fault, you can’t recover.
For that reason, your evidence should show both how the other driver was negligent and why you weren’t primarily at fault.
Modified Comparative Negligence
Colorado uses a modified comparative negligence rule. You can recover money after a car accident only if you were less than 50% at fault.
Under Colorado law, your compensation is reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% at fault, you’d receive $80,000.
Evidence can help show what happened and protect your claim:
- Police reports may include early findings about fault.
- Photos can show vehicle damage, traffic conditions, and the crash scene.
- Witness statements can support your version of events.
- Medical records can link your injuries to the accident.
- Insurance companies may try to place blame on you, so avoid guessing or speculating about what happened.
An attorney can review the evidence, estimate how fault may affect your recovery, and seek compensation for the losses caused by the other driver.
The Fifty Percent Bar
Colorado’s 50% rule can prevent you from recovering compensation after a car accident if you’re found 50% or more at fault.
Under Colorado law, you must be less at fault than the person or people you’re suing. If you’re found exactly 50% responsible for the crash, you can’t recover damages.
Your lawyer should focus on evidence showing what the other driver did wrong. This may include traffic-law violations, witness statements, vehicle data, photos or video, and accident-reconstruction evidence.
Insurance companies may try to blame you or distract from the facts of the crash. Keep the focus on the evidence and on each driver’s role in causing the accident.
Damage Awards Reduced
How does comparative negligence affect your compensation? Under Colorado law, your damages are reduced by your share of fault. For example, if you’re found 20% at fault and your damages total $100,000, you could recover $80,000.
Evidence must relate to the crash to affect fault. Unrelated issues shouldn’t be used to blame you for the accident.
- Your percentage of fault reduces the amount you can recover.
- The jury decides how much fault each person shares.
- Your medical bills, lost income, and pain and suffering damages can all be reduced.
- You generally can’t recover damages if you’re 50% or more at fault.
- Strong evidence can help prevent unfair blame and protect your claim.
Your attorney can challenge claims that try to place unsupported fault on you.
How to Handle Insurance Adjusters
After a Colorado car accident, an insurance adjuster may contact you soon after the crash. They may ask for a recorded statement or offer a quick settlement. You don’t have to give a recorded statement to the other driver’s insurance company.
After a Colorado crash, you are not required to give the other driver’s insurer a recorded statement.
You should report the accident to your own insurance company promptly. When you do, share only the facts you know. Don’t guess about who caused the crash, how serious your injuries may be, or the full cost of vehicle damage.
Save all evidence related to the accident, including photos, medical records, repair estimates, bills, and messages with insurance companies. Colorado’s comparative negligence law can reduce your recovery if you’re found partly at fault, so accurate records matter.
Do not sign a release, accept a settlement payment, or give broad permission to access your medical records until you understand what it means. Careful communication with an adjuster can help protect your claim and support a fair settlement based on the evidence.
Damages Available After a Colorado Crash
The compensation you may recover after a Colorado car crash depends on your injuries, financial losses, and the evidence available. A claim may cover losses caused by the collision, including:
- Medical bills, physical therapy, rehabilitation, and future medical care
- Lost income and a reduced ability to earn money in the future
- Vehicle repairs, replacement costs, and other damaged property
- Physical pain, emotional distress, and loss of enjoyment of life
- Permanent injuries, scarring, and disfigurement
Colorado limits some types of pain-and-suffering damages under C.R.S. § 13-21-102.5, although the limit can change over time and exceptions may apply. If the at-fault driver acted with reckless disregard for others’ safety, punitive damages may also be available under C.R.S. § 13-21-102. Medical records, employment records, expert opinions, and witness testimony can help show the full value of your claim.
Deadlines for Colorado Car Accident Claims
In Colorado, you generally have three years from the date of a car crash to file a lawsuit for injuries or property damage.
However, some situations can change that deadline. For example, claims involving a government agency may have much shorter notice requirements.
If you wait too long, you could lose your right to seek compensation.
Colorado Filing Deadlines
Colorado Car Accident Filing Deadlines
The deadline to file a Colorado car accident claim depends on the type of claim. Missing the deadline can prevent you from recovering compensation.
- Injury claims: You generally have three years from the accident date to file a lawsuit for injuries caused by a motor vehicle accident. See C.R.S. § 13-80-101.
- Vehicle property damage claims: You generally have three years to seek payment for damage to your vehicle or other property.
- Wrongful death claims: You generally have two years to file a wrongful death lawsuit. See C.R.S. § 13-21-203.
- Claims against a government entity: You may need to give written notice of your claim within 182 days. Different rules and deadlines can apply to claims involving government agencies, cities, counties, or public employees.
Keep copies of medical records, bills, photos, police reports, insurance information, and repair estimates. Filing your lawsuit on time helps protect your right to seek compensation.
Exceptions to Time Limits
Colorado filing deadlines usually start on the date of the crash. However, some situations can pause, extend, or change the deadline.
For example, if you were under 18 or had a legal disability when the claim arose, the deadline may be paused until you turn 18 or the disability ends. Colorado law places limits on how long a deadline can be extended.
If the at-fault driver leaves Colorado, the time they’re out of state may not count toward the filing deadline.
Claims against government agencies have different and often much shorter requirements. Under the Colorado Governmental Immunity Act, you may need to give written notice within 182 days.
Because these rules can be complicated, it’s important to identify the correct defendant, filing deadline, and any facts that may pause or extend the deadline as soon as possible.
Colorado Hit-and-Run Accident Rules
Leaving the scene of an accident in Colorado can lead to serious criminal charges and may make it harder to resolve an injury claim. Colorado law generally requires drivers involved in a crash to stop right away, share identifying and insurance information, and provide reasonable help if someone is hurt. These duties are covered by Colorado Revised Statutes §§ 42-4-1601 through 42-4-1606.
Leaving an accident scene in Colorado may result in criminal charges and complicate any related injury claim.
After an accident, you should:
- Stop in a safe location near the crash scene.
- Call 911 if anyone is injured, the crash is serious, or a driver has left the scene.
- Exchange your name, contact information, driver’s license information, vehicle registration, and insurance details.
- Offer reasonable help to anyone who’s injured, such as calling for medical care.
- Report damage to property, including parked vehicles or other unattended property.
Do not chase a driver who leaves the scene. Instead, write down anything you can remember, including the vehicle’s make, model, color, license plate number, and direction of travel. If there are witnesses, ask for their names and contact information, then share that information with responding police officers.
Common Colorado Car Accident Claim Mistakes
Even when the other driver stays at the scene, mistakes after a Colorado car crash can hurt or delay your insurance claim. Report the accident as soon as you can. Take photos, get witness contact information, and save all medical bills, repair estimates, and other records.
Do not admit fault, guess about what caused the crash, or make inconsistent statements to insurance companies. Under Colorado’s comparative negligence law, C.R.S. § 13-21-111, your compensation may be reduced by the percentage of fault assigned to you. If you’re found 50% or more at fault, you may not recover compensation.
Follow your doctor’s treatment recommendations and keep records of missed work. Be careful about posting online, too. Insurance companies may review public social media posts when deciding whether your injuries, losses, and statements are credible.
When to Hire a Colorado Car Accident Lawyer
You may want to hire a Colorado car accident lawyer as soon as possible if the crash caused serious injuries, there’s disagreement about who caused it, the other driver has no insurance, or your losses are significant. Acting early can help protect evidence and keep you from missing important legal deadlines.
Consider speaking with a lawyer if:
- The insurance company denies or delays your claim.
- The other driver or insurer says you were partly at fault.
- Your injuries require ongoing treatment, surgery, or care from multiple medical providers.
- The insurance company offers a settlement that doesn’t cover your medical bills, lost income, or other losses.
- You need to file a lawsuit or resolve a dispute through mediation or another formal process.
A lawyer can gather evidence, estimate the full value of your claim, deal with insurance companies, address medical liens, and explain your rights under Colorado law. Before signing a release or giving a recorded statement to an insurer, make sure you understand how it could affect your claim.
Frequently Asked Questions
Can I Recover Damages if an Uninsured Driver Hits Me?
Yes. If an uninsured driver hits you, you may still be able to recover money for your losses.
Options may include:
- Uninsured motorist coverage: Your own auto insurance may cover medical bills, lost wages, vehicle damage, and pain and suffering.
- A lawsuit against the uninsured driver: You can sue the driver, though collecting money may be difficult if they have limited assets.
- Claims against other responsible parties: In some cases, another person or company may also be legally responsible.
You may be able to seek payment for medical expenses, lost income, car repairs, and pain and suffering. Deadlines and insurance policy limits can affect your claim, so it is important to act promptly.
Does Colorado’s “Move Over” Law Affect Accident Liability?
Yes. If you do not move over or slow down for a stopped emergency vehicle, it could affect who is at fault in an accident. Colorado law requires drivers to change lanes when it is safe to do so or slow down if they cannot move over. Breaking this law may be used as evidence that you were negligent.
Are Rideshare Companies Liable for Uber or Lyft Accidents?
Rideshare companies may be responsible for an accident caused by an Uber or Lyft driver, depending on what the driver was doing at the time of the crash. Coverage can vary if the driver was waiting for a ride request, driving to pick up a passenger, or carrying a passenger. You may be able to file a claim through the driver’s insurance, the rideshare company’s insurance, or both, depending on the circumstances and Colorado law.
Can a Car Accident Affect My Colorado Driver’s License?
Yes. A car accident can affect your Colorado driver’s license, especially if the crash involved DUI, leaving the scene, driving without insurance, or receiving too many traffic violation points. You may also face higher insurance rates if you were found at fault.
What Happens if a Defective Vehicle Part Caused the Crash?
If a defective vehicle part caused your crash, you may be able to seek compensation from the part’s manufacturer, seller, or others responsible for putting it on the market. To support a claim, you will need evidence showing that the defect caused the crash and your injuries.
Conclusion
Colorado’s car accident laws explain what to do after a crash. First, get medical help if anyone is hurt. Call the police when required, take photos, gather contact and insurance information, and save all records related to the accident.
Report the crash to your insurance company as soon as possible. Colorado uses fault-based insurance rules, meaning the driver who caused the crash may be responsible for damages. Deadlines can also affect your right to file a claim or lawsuit.
If the accident caused serious injuries, there is disagreement about who was at fault, or an insurance company is delaying or denying your claim, consider speaking with a Colorado car accident lawyer.
