Colorado Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Colorado operates under a fault-based system, meaning the driver responsible for the accident is liable for the resulting damages.

Minimum coverage: Drivers must carry liability insurance with at least:

• $25,000 for bodily injury or death per person
• $50,000 for total bodily injury or death per accident
• $15,000 for property damage per accident

Penalties for non-compliance: Driving without the required insurance in Colorado can result in fines, license suspension, and community service. For a first offense, fines start at $500, and your license is suspended until proof of insurance is provided. Repeat offenses lead to higher fines and longer suspension periods.

Med-Pay coverage: Medical Payments (MedPay) coverage is mandatory unless explicitly waived in writing. MedPay covers medical expenses for you and your passengers, regardless of fault. Policy limits typically range from $5,000 to $25,000 and can help cover immediate medical costs.

Rideshare drivers: Drivers for companies like Uber or Lyft in Colorado must have additional insurance coverage, which varies depending on the stage of rideshare activity:

• Logged into the app, but no ride accepted: This coverage is typically provided by the rideshare company during this phase. However, drivers should confirm that their personal auto insurance policy covers this period as well
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $30,000 property damage per accident
• Ride accepted or passenger on board: Rideshare companies typically provide liability coverage of $1 million for accidents that occur while a driver is actively engaged with a passenger. However, drivers must ensure their personal auto insurance policies do not have gaps, especially when logged into the app

Optional coverages:

• Uninsured/underinsured motorist (UM/UIM) coverage: Insurers must offer UM/UIM coverage, which you can choose to accept or decline. The minimum UM/UIM coverage is $25,000 per person and $50,000 per accident for bodily injury claims. UM/UIM coverage protects you if the at-fault driver has insufficient or no insurance
• Personal injury protection (PIP): This coverage is not available in Colorado, as the state does not operate under a no-fault insurance system

Fault Laws

Colorado operates under an at-fault system, meaning the driver who causes the accident is responsible for the resulting damages. Establishing fault involves reviewing evidence such as police reports, witness statements, vehicle damage, and other relevant information.

Modified comparative negligence in Colorado

Colorado follows a modified comparative negligence rule, allowing injured parties to recover damages only if they are found to be less than 50% at fault. Compensation is reduced by the percentage of fault assigned to the injured party. For example, if you’re determined to be 30% at fault for an accident with total damages of $100,000, you can recover $70,000. However, if you are 50% or more at fault, you are barred from recovering any compensation.

Multi-vehicle collisions

In accidents involving multiple vehicles, fault is assigned to each party based on their role in the crash. Compensation is reduced according to the degree of fault for each individual. Colorado’s modified comparative negligence rule applies in these situations.

Special considerations for guest passengers

Passengers injured in a vehicle can file claims against the at-fault driver. Colorado’s comparative negligence system also applies to passengers, meaning their compensation may be reduced if their own actions contributed to their injuries (e.g., not wearing a seatbelt).

Statute of Limitations

Filing deadlines: In Colorado, you have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can forfeit your right to seek compensation.

Discovery rule: If injuries aren’t immediately apparent, the statute of limitations may begin when you discover, or reasonably should have discovered, your injury.

Claims involving minors or individuals with disabilities: For minors or those legally incapacitated, the statute of limitations may be tolled (delayed). The filing period typically begins once the individual turns 18 or the disability is lifted.

Government claims: Claims against government entities have a shorter notice period, typically requiring a formal claim within 180 days of the accident.

Accident Reporting Requirements

In Colorado, reporting a car accident is mandatory under specific circumstances outlined in state law. Compliance with these requirements is essential to avoid penalties and facilitate insurance claims.

When to report an accident

• Injury or death: You must report a motor vehicle accident if any person involved in the accident sustains injuries or fatalities
• Property damage: Accidents causing property damage exceeding $1,000 must be reported
• Immediate notification: Accidents should be reported immediately to the nearest law enforcement agency. This includes local police, sheriff’s offices, or the Colorado State Patrol
• Timing: If law enforcement does not respond to the scene, you must self-report the accident within 60 days to the Colorado Department of Revenue

Filing accident reports

If a police officer does not investigate or file a report at the scene, it becomes the driver’s responsibility to submit a written report:

Online reporting: Drivers can file a report through the Colorado DMV’s online crash reporting portal. Reports filed online are for documentation purposes only and are not investigated by law enforcement.

Manual reporting: If online reporting is not suitable, you can download and complete a DR3447 traffic accident report form and submit it as instructed to the Colorado Department of Revenue.

Failing to report a required accident can result in a Class 2 misdemeanor traffic offense, punishable by fines up to $300 and/or 90 days in jail. License suspension or additional consequences may apply if the accident involves injuries or fatalities.

How to access accident reports

Obtaining a copy of an accident report is often necessary for legal or insurance purposes. You can request copies through the following methods:

Online: Submit a request through the Colorado State Patrol’s Crash Records Portal or the law enforcement agency that filed the report. Information about all that’s required to make such a request may be found on the Colorado State Patrol website.

By mail: Complete the Requestor Release and Affidavit of Intended Use (Form DR 2489) and send it with the required fee to the Driver Control Section’s mailing address.

In-person: Visit the local police department or Colorado State Patrol office that investigated the accident.

Note that accident reports may take up to 90 days to be processed and entered into the system. Colorado maintains crash records for seven years.

Compensation Limits

Economic damages: There is no cap on economic damages in Colorado. Victims can seek full compensation for quantifiable losses, including medical bills, lost wages, and property damage.

Non-economic damages: In Colorado, the cap on non-economic damages for incidences that occurred by the end of 2024, including for pain and suffering, is $613,760 and can increase to a maximum of $1,227,530 if clear and convincing evidence justifies the higher award. However, after January 1, 2025, the cap for incidences increased to $1.5 million for personal injury cases. These adjustments ensure that compensation for non-economic losses reflects evolving legal standards and inflation.

Punitive damages: Punitive damages may be awarded in cases involving fraud, malice, or willful and wanton conduct. These damages are generally capped at an amount equal to the actual damages awarded, but the court may increase this to three times the actual damages under certain circumstances.

Medical Coverage Considerations

In Colorado, managing medical expenses after a car accident involves understanding fault-based insurance, optional coverages, and the role of health insurance.

Liability insurance: Colorado mandates that all drivers carry liability insurance with minimum coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 per accident for property damage. This insurance covers medical expenses for injuries the policyholder causes to others in an accident.

Establishing fault: As an at-fault state, Colorado requires determining who caused the accident to assign financial responsibility. This process involves reviewing police reports, witness statements, and other evidence. The at-fault party’s insurance is typically responsible for covering the medical expenses of others involved.

Medical Payments (MedPay) coverage: In Colorado, insurers are required to offer Medical Payments Coverage (MedPay) with a minimum of $5,000, though policyholders can opt out in writing. MedPay covers reasonable medical expenses for you and your passengers, regardless of fault. Coverage limits can be increased beyond the minimum, providing additional financial protection. MedPay can assist with immediate medical costs such as hospital visits, surgeries, and rehabilitation, serving as a valuable supplement to health insurance. It’s important to note that MedPay is a no-fault coverage, meaning it applies regardless of who caused the accident. When selecting a MedPay limit, consider factors like your health insurance deductible and potential out-of-pocket expenses to ensure adequate coverage for unforeseen medical costs.

Health insurance: Your health insurance can cover medical expenses after an accident, but it may require reimbursement if you receive a settlement from the at-fault party’s insurer. Understanding your policy’s terms is essential to navigate potential reimbursements.
Uninsured/underinsured motorist coverage: This optional coverage protects you if the at-fault driver has insufficient or no insurance. It can cover medical expenses exceeding the at-fault driver’s policy limits, offering additional financial protection.

Maximum Medical Improvement (MMI): MMI refers to the point where your condition has stabilized, and further recovery is not anticipated. Reaching MMI is significant in personal injury claims, as settling before this point may result in inadequate compensation for ongoing medical needs.

Medical liens: If you lack health insurance, healthcare providers may agree to treat you with the understanding that they will be paid from any future settlement or judgment. This arrangement allows you to receive necessary treatment, with payments deferred until your claim is resolved.

Workers’ compensation: If the accident occurred during work-related activities, you might be eligible for workers’ compensation benefits, which cover medical expenses and a portion of lost wages.

Unique Local Factors

Weather and road conditions: Colorado’s diverse climate often creates hazardous road conditions, including snow, ice, and heavy rain. Drivers should exercise caution and prepare for rapid changes in weather.

Tourism impact: Colorado’s high volume of tourists and outdoor enthusiasts increases traffic congestion and the risk of accidents, particularly in mountainous regions and popular destinations.

Local Resources & Contacts

State agencies:

• Colorado Division of Motor Vehicles: https://dmv.colorado.gov/
  • Phone: (303) 205-5600
• Colorado Department of Transportation: https://www.codot.gov/
  • Traffic and Safety Information: (303) 757-9011

Colorado State Patrol:

• Phone: (303) 239-4500
• Website: https://www.colorado.gov/csp

Legal assistance: Consulting with a personal injury attorney can help you navigate the complexities of MVA claims and ensure your rights are protected.