Colorado · Comparative fault · Updated Oct 2026

Comparative fault in Colorado: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Colorado, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
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)
Insurance system
Fault (tort)

Insurance and small claims in Colorado

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.

Small claims limit for car damage in Colorado: $7,500. Colorado small claims guide on Small Claims Map

How fast an insurer must handle a claim in Colorado

  • 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).

If the insurer says you were partly at fault

  1. Get the police report. For a crash Colorado State Patrol investigated, request the report through the CSP Central Records Unit (Records Request Portal). Reporting a crash in Colorado and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Colorado Division of Insurance.
  4. Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in Colorado, with the calculator

Who pays in Colorado: fault and payout explainer

Modified comparative fault (50% bar)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).

Free help in Colorado

Questions about comparative fault in Colorado

Is Colorado a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. 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)

Where can I complain if an insurer blames me unfairly in Colorado?

Colorado Division of Insurance: https://doi.colorado.gov/for-consumers/file-a-complaint · 303-894-7490 (Consumer Services Team; toll-free outside Denver metro 800-930-3745)

How fast must an insurer handle a car insurance claim in Colorado?

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)).

How do I get 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

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Sources

Last checked: Oct 24, 2026.