As a Colorado driver, getting into a car accident is most likely a question of when, not if. According to recent data from the Colorado Department of Transportation, the state records more than 260 motor vehicle collisions each day. That is roughly one crash every 5.5 minutes.
After a collision, questions come up quickly. How do you file a claim? Who pays for medical expenses and lost wages? What happens if the other driver disputes fault?
In this guide, our team of Denver car accident lawyers explains everything you should know about Colorado auto insurance claims laws. We cover how fault is determined, the immediate steps to take, and what to expect during the process.
Is Colorado a Fault or No-Fault State?
There are two primary auto insurance systems in the United States: fault and no-fault.
Colorado used to follow a no-fault system, but in 2003, the law changed. Colorado is now a fault state, which means the driver who causes the accident is financially responsible for the resulting injuries and property damage.
In a fault-based system like Colorado’s, the car accident victim typically files an automobile accident claim against the at-fault driver’s insurance company. In a no-fault system, drivers usually seek payment from their own insurer for medical bills, regardless of who caused the crash.
Advantages of a Fault System
- The ability to pursue a third-party auto accident claim against the at-fault driver
- The potential to recover a wider range of damages than in many no-fault states
Disadvantages of a Fault System
- The injured person must prove that the other driver was negligent or careless
- Insurance companies may dispute liability, which can delay financial compensation
Because fault must be established, evidence plays a major role in automobile claims in Colorado. Police reports, witness statements, photographs, and medical records can all affect liability determinations.
Colorado Auto Insurance Requirements
If you are injured or suffer property damage and the other driver is at fault, his or her car insurance policy is generally responsible for paying your losses. Colorado law requires all drivers to carry minimum liability coverage to pay for the harm they cause in a car accident.
The required minimum liability insurance in Colorado is:
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death to two or more people in a single accident
- $15,000 for property damage per accident
These coverages are designed to help pay for medical bills and vehicle repairs when someone files an insurance claim for a car accident against an at-fault driver. To receive compensation, the injured person must show that the other driver caused the car crash.
Many drivers also choose to purchase optional coverage, such as uninsured or underinsured motorist protection. This can be especially important if the at-fault driver does not have enough insurance to cover the full cost of your losses.
Steps to Take Before Filing a Colorado Car Accident Claim
Before you begin the car accident claim process, it helps to take certain preliminary steps. These actions can protect your health, strengthen your automobile accident claim, and meet Colorado legal requirements.
Step 1: Stop at The Accident Scene
Colorado law requires drivers to stop after a car crash. Move to a safe location, if possible, check for injuries, and remain at the scene until law enforcement allows you to leave.
Step 2: Report the Accident
Call 911 if anyone is injured or if there is significant property damage. In Colorado, crashes involving injuries or apparent damage of $1,000 or more must be reported to law enforcement. A police report will also become important evidence in your auto accident claim.
Step 3: Seek Medical Attention
Even if you feel fine, get a medical evaluation as soon as possible. Some symptoms, such as those of a traumatic brain injury, appear hours or days later. Medical records link your injuries to the crash and are essential in an insurance claim for a car accident.
Step 4: Do Not Admit Fault
Avoid saying anything that could be interpreted as accepting blame, even casually. Fault is determined after investigation, not at the scene. Simply exchange information and answer police questions honestly.
Step 5: Exchange Information with the Other Driver(s)
Collect the other driver’s name, contact information, driver’s license number, license plate number, and insurance details. Also, ask for the names and contact information of any witnesses.
Step 6: Document the Accident Scene
If it is safe to do so, take photos or videos of vehicle positions, skid marks, traffic signals, visible injuries, and weather or road conditions. This evidence can be significant in later automobile claims.
Step 7: Request Copies of Key Records
Obtain a copy of the police accident report and your medical records related to the crash. These documents are commonly requested during the automobile accident claim process.
Be Careful When Speaking to Insurance Companies
Before you contact an insurance company to begin a claim, gather the essential facts about the crash. An insurance claims adjuster will likely ask detailed questions. You have the right to speak with a car accident attorney before giving a recorded statement.
How to File a Car Insurance Claim in Colorado
Once you have received any needed medical care and gathered basic information about the crash, you can begin the auto accident claim process.
1. Contact the At-Fault Driver’s Insurance Company
Use the insurance details you collected at the scene to contact the negligent driver’s insurance carrier. Most companies require prompt reporting after a car collision. Tell the representative that a crash occurred, provide the basic facts, and ask how to submit an insurance claim for a car accident.
2. Be Cautious About Recorded Statements
You are not required to give a recorded statement right away. Avoid speculating about fault or injuries, and do not discuss medical issues until you have been examined by a doctor. You may choose to speak to a car accident attorney before agreeing to any recorded interview.
3. The Insurance Company Will Investigate
After the claim is opened, the insurer will assign a claims adjuster to investigate the accident. The insurance adjuster will review police reports, photographs, witness statements, and medical records to determine whether the policyholder is legally responsible and what compensation may be owed.
During this process, keep copies of all documents and avoid signing any settlement agreement until you fully understand your rights and losses. A Colorado auto accident lawyer can communicate with the insurance company on your behalf and help you avoid common mistakes in the claims process
Your Next Steps After a Colorado Car Accident
The attorneys at Manning Herington Law Firm help car accident victims understand their rights, deal with insurance companies, and pursue fair compensation available under Colorado law. Our team can review your automobile accident claim, gather evidence, and guide you through each stage of the process.
Call 720-679-8134 or contact us online to schedule a free car accident case evaluation.
FAQs: Colorado Car Accident Claims
1. How do car accident claims work in Colorado?
Colorado follows a fault-based system. This means the person who caused the crash is generally responsible for paying for injuries and property damage. An injured person typically files an automobile accident claim against the at-fault driver’s insurance company.
2. Can accident reimbursement be claimed from the other driver’s insurance?
Yes, if the other driver is legally at fault. You may be able to seek reimbursement for medical bills, lost wages, and vehicle repairs through an automobile claim. The amount available depends on the facts of the crash and the limits of the insurance policy involved.
3. How long do I have to file an auto accident claim in Colorado?
Most car accident lawsuits in Colorado must be filed within three years of the date of the collision, although certain situations may have different deadlines. Insurance companies often require much earlier notice, so it is best to start the claims process as soon as possible after the crash.
4. What if the at-fault driver does not have insurance?
If the at-fault driver is uninsured or underinsured, you may still have options. You may be able to use your own uninsured or underinsured motorist coverage if you purchased it as part of your policy. A Denver car accident lawyer can review your policy and explain potential next steps.
5. Do I need a lawyer for an auto accident claim?
You are not required to hire an accident attorney. However, many people find the process easier when a lawyer handles communication with the insurance company, evaluates settlement offers, and helps gather evidence. This can be particularly important when liability is disputed or injuries are significant.
