Colorado uses a fault-based (or “ tort”) auto insurance system — not a no-fault system. In an at-fault system, the driver responsible for causing a car accident is liable for the resulting damages, and injured parties must prove the other driver was at fault for the collision to receive compensation.
Historically, Colorado did operate under a no-fault insurance system. However, in 2003, the state repealed its no-fault laws and adopted a fault-based system, which required drivers to carry liability insurance. This change allowed accident victims to seek compensation directly from the at-fault party, rather than first seeking compensation through their own insurance.
Overview of Fault vs. No-Fault Systems
In a no-fault insurance system, each driver’s insurance covers their own medical expenses and lost wages after an accident, regardless of who caused the crash. This approach is designed to reduce litigation and expedite victims injury claims. However, no-fault insurance often only covers a portion of a victim’s medical bills and lost income and does not provide money for non-economic damages like pain and suffering.
Conversely, in Colorado’s at-fault system, the at-fault driver’s insurance company is responsible for covering the damages of any parties they injure in a crash. This at-fault law applies to car accidents, truck accidents, motorcycle accidents, and other motor vehicle collisions.
Victims can file a claim against the at-fault driver’s insurance or pursue a personal injury lawsuit with the help of a Centennial injury lawyer to recover full compensation for their medical bills, lost income, property damage, pain and suffering, and other losses.
Insurance Requirements in Colorado
Under Colorado law, all drivers must carry minimum liability insurance coverage to cover damages in the event of a crash.
The required minimums are:
- $25,000 for bodily injury or death to any one person in an accident
- $50,000 for bodily injury or death to all persons in any one accident
- $15,000 for property damage in any one accident
Drivers can purchase higher coverage limits and additional types of insurance for greater financial protection. Additional policies include uninsured/underinsured motorist, collision, and comprehensive coverages.
Is Colorado a No-Fault State?
Modified Comparative Negligence in Colorado
Colorado follows a modified comparative negligence rule when determining fault in car accidents. This means that any party who contributes to a crash can be held responsible for their percentage of fault.
Under this law, if you are partially at fault for an accident, your compensation will be reduced by your percentage of blame. For example, if you are 30% at fault for the collision, your damages will be reduced by 30%. However, if you are found to be 50% or more at fault, you will be barred from recovering any compensation from the other party.
Steps to Take After an Accident in Colorado
If you’re involved in a car accident in Colorado, consider the following steps:
- Prioritize safety. Check yourself for injuries and move to a safe location if possible.
- Call 911. Report the accident to law enforcement and request medical assistance if needed. Cooperate with police officers as they complete an accident report but avoid admitting fault.
- Exchange Information. You should gather contact and insurance details from all parties involved in the crashes as well as any witnesses to the accident.
- Document the Scene. Take photos of the vehicles, damages, and any relevant road conditions.
You should also report the accident to your insurer; this may be required by your policy.
Contact an Experienced Car Accident Lawyer in Colorado
Colorado’s fault-based insurance system allows accident victims to pursue damages from the party who caused their car accident. However, injury claims can be complex and mistakes could hurt your chances at recovering compensation. That’s why you should consult a Centennial car accident lawyer as soon as possible after a crash.
An experienced lawyer can help you understand your rights, advise you of the steps to take after an accident, and work to maximize the value of your injury claim. Contact Legal Help in Colorado to schedule a free consultation to discuss your legal options with our experienced team after a motor vehicle accident.