Car accidents in Colorado: what to do and who pays

At the scene and reporting a crash in Colorado

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

After you stop and exchange information, call the nearest police agency right away for any crash that hurts or kills someone or damages any property. If police tell you to, go back to the scene and wait for them. Police do not have to investigate a car crash with no injuries where no one person's damage is over $1,000, but they must if a driver asks or if someone cannot show proof of insurance.

Report to the state

If police do not come (for example during 'Accident Alert' in bad weather), you can file your own report through the Online Crash Reporting System; it goes to the Colorado Department of Revenue (303-205-5600). If you did not show the trooper current insurance, you must fill out a financial responsibility form within 10 days.

Law

C.R.S. § 42-4-1606(1), (4)(b); Colorado State Patrol crash information page

Official text

Read the official text

First 24 hours after a crash in Colorado

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Colorado

Colorado is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP. Colorado is a fault (tort) state: the driver who caused the crash, and their liability insurer, pays for other people's injuries and damage. Your policy includes $5,000 of medical payments coverage unless you reject it in writing; it pays regardless of fault.

Law

C.R.S. § 10-4-620; § 10-4-635; Colorado Division of Insurance auto page

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Colorado

Rule

Modified (50% bar)

What it means

In Colorado, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Law

C.R.S. § 13-21-111 (you can recover only if your share of fault is less than the other side's; damages are cut by your share)

Compare every state's rule in the comparative negligence table.

Who pays in Colorado: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Colorado

Liability minimum

25/50/15

Uninsured / underinsured motorist (UM/UIM)

Uninsured/underinsured motorist coverage is included in your policy unless you reject it in writing. Uninsured motorist property damage coverage is optional. (C.R.S. § 10-4-609)

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Colorado

For a crash Colorado State Patrol investigated, request the report through the CSP Central Records Unit (Records Request Portal). Have the driver's name, crash date, case report number and location. Reports can take up to 10 working days. CSP does not post a fixed fee; contact Central Records for the cost. For city or county police crashes, ask that agency. Reports you filed online yourself are held by the Department of Revenue (303-205-5600). https://csp.colorado.gov/crash-information

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Colorado

How fast insurers must act

No fixed claim deadlines: the Division of Insurance says Colorado laws set no timeframes for insurer responses. The law bans failing to acknowledge and act reasonably promptly on claims and failing to affirm or deny coverage in a reasonable time (C.R.S. § 10-3-1104(1)(h)). If your own insurer unreasonably delays or denies a covered benefit, you can sue for two times the covered benefit plus attorney fees (C.R.S. §§ 10-3-1115, 10-3-1116).

Diminished value

The Colorado Division of Insurance says no Colorado insurance law addresses diminished value claims (case law may exist), so the Division cannot make an insurer pay one.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Colorado

Driving without insurance is a class 1 misdemeanor traffic offense with a mandatory minimum fine of $500 ($1,000 for a repeat within 5 years) (C.R.S. § 42-4-1409). If the other driver has no insurance, your uninsured motorist coverage (if you did not reject it) pays for your injuries; uninsured motorist property damage or collision coverage pays for your car if you bought it. You can also sue the driver.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Colorado

Property damage (your car)

3 years

Injury

3 years

Notes, including claims against a government

Before suing a Colorado government body (city, county, state agency) for injury or damage, you must file written notice within 182 days after you discover the injury (C.R.S. § 24-10-109(1)).

Law

C.R.S. § 13-80-101(1)(n) (all tort actions for bodily injury or property damage from use of a motor vehicle: 3 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Colorado

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Colorado

Small claims limit

$7,500.

Colorado small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Colorado

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Colorado Division of Insurance · 303-894-7490 (Consumer Services Team; toll-free outside Denver metro 800-930-3745)

Free help in Colorado

• Colorado Division of Insurance – consumer services · 303-894-7490
• Colorado State Patrol – crash information · 303-239-4500

Good to know in Colorado

• You can choose any repair shop; the insurer cannot require its preferred shop (C.R.S. § 10-4-120, per the Division of Insurance).
• Police may skip investigating a no-injury car crash with no one's damage over $1,000 unless a driver asks or someone can't show proof of insurance (C.R.S. § 42-4-1606(4)(b)).
• Medical payments coverage of $5,000 is included unless you reject it, and it pays before your health insurance (Division of Insurance).

Changes in 2024–2026

No change to minimum limits, fault rules or deadlines found. HB 24-1472 raised the general cap on noneconomic (pain and suffering) damages in injury lawsuits to $1.5 million for civil actions filed, or claims arising, on or after January 1, 2025 (C.R.S. § 13-21-102.5(3)(a)(II)); the cap is set to be adjusted for inflation from 2028.

Free letters

Questions about car accidents in Colorado

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