Were you just in a car accident in Colorado and not sure what to do next? Whether the crash happened on I-25 in Denver, on a mountain stretch of I-70, or on a city street in Colorado Springs, Aurora, or Fort Collins, the steps you take in the first hours and days can have a big effect on your health and your insurance claim.
This guide walks through what to do after a car accident in Colorado, how fault and insurance work, and the deadlines you need to know.
What should you do at the scene of a Colorado car accident?
- Stop and check for injuries. Colorado law requires drivers involved in a crash to stop at or near the scene. Call 911 if anyone is hurt.
- Move to safety if you can. If the vehicles can be driven and no one is seriously injured, move them out of traffic.
- Report the accident. Colorado requires drivers to report crashes involving injury, death, or property damage to the local police or the Colorado State Patrol right away (C.R.S. section 42-4-1606).
- Exchange information. Get the other driver’s name, address, license number, plate number, and insurance information.
- Document everything. Take photos of all vehicles, the road, traffic signs, weather conditions, and your injuries. Get names and phone numbers of witnesses.
- Do not argue about fault. Stick to the facts and avoid apologizing or guessing about what happened.
Why should you see a doctor even if you feel fine?
Adrenaline can hide pain for hours or even days. Whiplash, concussions, and back injuries often show up later. Getting checked by a doctor soon after the crash protects your health and creates a medical record that connects your injuries to the accident. Insurance companies often argue that a gap in treatment means the injuries were not serious or were caused by something else.
Is Colorado an at-fault state?
Yes. Colorado is an at-fault (tort) state. The driver who caused the accident, and their insurance company, are responsible for paying for the injuries and losses they caused. You can make a claim with the at-fault driver’s insurer, with your own insurer, or file a lawsuit.
Colorado drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $15,000 in property damage coverage. Insurers must also offer medical payments (MedPay) coverage of at least $5,000 and uninsured/underinsured motorist coverage, which you can only decline in writing.
What if you were partly at fault?
Colorado uses a modified comparative negligence rule (C.R.S. section 13-21-111). You can recover damages as long as your share of fault is less than the other driver’s. In practice, that means you can recover if you were 49 percent or less at fault, but your compensation is reduced by your percentage of fault. If you are found 50 percent or more at fault, you cannot recover from the other driver.
How long do you have to file a car accident claim in Colorado?
- Car accident injury lawsuits: generally three years from the date of the accident (C.R.S. section 13-80-101). This is longer than the two-year deadline that applies to many other Colorado injury claims.
- Claims against a government entity: written notice of the claim generally must be filed within 182 days under the Colorado Governmental Immunity Act, for example if a city vehicle hit you.
- Wrongful death claims: generally two years from the date of death.
Insurance claims should be reported much sooner. Most policies require prompt notice of an accident.
How should you deal with insurance adjusters?
- Report the accident to your own insurer promptly.
- Be cautious about giving a recorded statement to the other driver’s insurer.
- Do not sign medical authorizations or releases without understanding what they cover.
- Do not accept a quick settlement before you know the full extent of your injuries.
- Keep copies of every letter, email, and claim number.
What compensation can you recover?
Injured drivers and passengers in Colorado may recover medical expenses, lost wages, future medical care, vehicle repair or replacement, and non-economic damages such as pain and suffering. Colorado law places caps on non-economic damages in many personal injury cases, so it is important to understand how those limits may apply to your claim.
When should you contact a Colorado car accident lawyer?
Consider speaking with a lawyer if you were seriously injured, if the other driver disputes fault, if a commercial vehicle or government vehicle was involved, or if the insurance company is delaying or denying your claim. Most Colorado personal injury attorneys offer free consultations and work on contingency.
This article provides general information about Colorado law and is not legal advice. Every case is different. Speak with a licensed Colorado attorney about your specific situation.