Attorneys reviewing Colorado car accident cases
On this page
- Key Colorado rules
- Who pays for your injuries after a Colorado car crash?
- Is three years always enough time for a Colorado crash claim?
- How does the 50% bar play out at a Colorado intersection?
- What makes winter and mountain crashes different in Colorado?
- What if an Uber, Lyft or delivery driver hit you?
- What should you do in the first week after a Colorado crash?
- Common car accident cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Colorado rules for car accident claims
- Personal injury filing deadline
- 2 yearsClaims arising from motor vehicle accidents generally have a 3-year deadline.
- Fault rule
- Modified comparative fault (50% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found 50% or more at fault.
- Damages caps
- Applies to injury claimsColorado caps noneconomic damages; 2024 legislation raises the limits in stages, including for medical malpractice.
- Claims against a government entity
- Shorter notice deadlineClaims against public entities generally require written notice within 182 days.
Who pays for your injuries after a Colorado car crash?
The driver who caused the crash, through their liability insurance, is responsible for your losses. Colorado is an at-fault state, so there is no injury threshold to meet before you can claim pain and suffering.
In practice, several policies often work together. Your own medical payments coverage can pay early treatment bills no matter who was at fault. The at-fault driver's liability policy covers medical costs, lost income and noneconomic harm up to its limits. When those limits are too low, your uninsured and underinsured motorist coverage can fill the gap. Colorado insurers must offer both MedPay and UM/UIM, and a policyholder generally has to reject them in writing. If you cannot find a signed rejection, the coverage may be there.
Colorado treats underinsured coverage as added on top of the other driver's limits rather than reduced by them, which can make a large difference after a serious crash. Our team asks for the full policy, not just the declarations page, before advising you on value.
Is three years always enough time for a Colorado crash claim?
Not always. Most claims arising from motor vehicle accidents have three years, but a crash involving a public vehicle or a dangerous public road generally needs written notice within 182 days.
That shorter clock applies to many everyday situations along the Front Range: a transit bus pulling away from a stop, a city plow truck backing through an intersection, a county road with a washed-out shoulder, or a traffic signal left dark after a storm. The Colorado Governmental Immunity Act waives immunity for the negligent operation of public vehicles and for certain dangerous road conditions, but only if the notice is served correctly and on time. Learn more about claims involving public bodies.
Even when no government entity is involved, waiting is risky. Dashcam footage, store cameras and the electronic data stored in modern vehicles can be overwritten within days or weeks.
How does the 50% bar play out at a Colorado intersection?
Your recovery is cut by your share of fault, and it drops to zero once a jury finds you 50% or more responsible. Intersection crashes are where this rule bites hardest, because both drivers usually claim the right of way.
Consider a left-turn crash on a busy Aurora arterial. You were turning on a flashing yellow arrow, and the other driver entered the intersection as the light changed. A jury values your damages at $120,000.
- Found 20% at fault for misjudging the gap: you recover $96,000.
- Found 45% at fault: you recover $66,000.
- Found 50% at fault: you recover nothing.
Signal timing records from the city, the other car's event data recorder, and nearby business cameras often decide where the percentages land. Colorado also allows evidence that you were not wearing a seat belt to reduce noneconomic damages in some cases, though not your medical bills or lost wages.
What makes winter and mountain crashes different in Colorado?
Snow and ice do not excuse careless driving. Drivers must adjust speed to conditions, and on I-70 and other mountain routes Colorado enforces a traction law that can require snow tires, all-wheel drive or chains during storms.
Whether a driver followed the traction law can become strong fault evidence after a slide-off or pileup near Floyd Hill, Georgetown or Vail Pass. Visitors in rental cars with worn all-season tires are a common factor. Black ice on shaded curves, sudden whiteouts and chain-reaction crashes can involve many vehicles, and each driver may carry part of the blame. When a tractor-trailer is involved, see our Colorado truck accident page, because the rules and evidence change.
What if an Uber, Lyft or delivery driver hit you?
Coverage depends on what the driver was doing at the moment of the crash. A rideshare company's commercial policy generally applies once a driver is logged into the app, with the highest limits during an active trip.
If the driver was offline, only their personal policy may apply, and some personal policies exclude commercial driving. Passengers, other drivers and pedestrians can all bring claims. We gather the app status, trip logs and the driver's statements early. Read more about rideshare and taxi accident claims.
What should you do in the first week after a Colorado crash?
Report the crash, get medical care and protect your insurance rights before talking with the other driver's adjuster.
- Call police after any crash involving injury; Colorado requires these crashes to be reported.
- Photograph road surfaces, signals, vehicle positions and any tire chains or traction devices.
- Notify your own insurer and ask for a certified copy of your policy.
- Keep a short daily note on pain, missed work and activities you cannot do.
- Contact our team for a free case review. You can also visit our Colorado injury overview for other deadlines.
Attorneys reviewing Colorado car accident cases
Frequently Asked Questions
Does my Colorado MedPay coverage have to be repaid after I settle?
It depends on your policy and the source of payment. Some insurers seek reimbursement from a later settlement, while health insurers and government plans often assert their own liens. We review each claim for repayment, check whether it is valid under Colorado law, and negotiate reductions where possible so more of the settlement stays with you.
Can I still claim if I was hit on I-70 while my car had bald tires?
Possibly. Poor tires may be used to argue you share the blame, especially if a traction law was in effect. Under Colorado law your award is reduced by your percentage of fault, and you recover nothing only if you reach 50%. The other driver may still be mostly responsible, for example if they were speeding or following too closely.
How long does a Colorado car accident claim usually take?
Many claims settle after treatment ends, once doctors can describe your long-term condition. Simple cases may resolve within months, while disputed fault or serious injuries can take a year or more and sometimes require a lawsuit. The three-year deadline for motor vehicle claims gives time to treat, but evidence should be gathered right away.
Who pays if a hit-and-run driver injured me in Colorado?
Your own uninsured motorist coverage usually responds when the driver who caused the crash cannot be identified, as long as you did not reject that coverage in writing. Insurers often require prompt police reporting and notice. MedPay can also help with early medical bills. We help document the crash so the claim is accepted.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
