Is Colorado A No-Fault State?

What Does It Mean To Be A No-Fault State?

For no-fault states, car accident compensation laws call for car accident victims to be paid for their losses without regard to fault. In other words, it typically doesn’t matter who caused the accident. 

There are, however, some exceptions to no-fault insurance in no-fault states, such as:

• Motorcycle accidents
• Drunk drivers
• Intentional auto crimes
• Out-of-state drivers

In Colorado, however, all drivers are generally under fault rules. For out-of-state drivers who hold no-fault insurance, fault rules still apply, regardless of the coverage of a driver’s home state. 

How Can I Get Paid If I’m In A Car Accident In Colorado?

If you have been in a car accident and need compensation, you can get paid what you are owed by seeking the services of an experienced Colorado car accident attorney. 

Car accident victims can face tremendous challenges getting a fair shake in these cases. Insurance companies often make lowball offers or deny claims in order to pay as little as possible. Sadly, many victims believe that insurance companies are on their side and have their best interests at heart when the opposite is true.

In reality, insurance companies are beholden to shareholders and investors. They are for-profit businesses that lose money when an insurance claim is paid out in full. 

On the other hand, if you hire an attorney, they will have your best interests relating to compensation as their guiding light. They will fight hard to get you the money you deserve and are bound by law and duty to reasonably protect your compensation interests.

All Colorado Drivers Must Carry A Minimum Amount Of Insurance

Colorado, like other states, requires all drivers to carry a minimum level of auto insurance. This law protects injury victims from not receiving compensation for their losses. 

The minimum requirements for Colorado vehicles include:

• $25,000 for bodily injury per person
• $50,000 total for bodily injury for one accident
• $15,000 property damage per accident

These minimums are capped and may not cover all the damages related to serious accidents. For example, medical bills running into six figures are not uncommon for severe and catastrophic injuries. 

Will My Colorado Car Accident Case Go to Trial?

The majority of car accident cases are settled by way of negotiations between car accident injury attorneys and auto insurance companies. So, it is more likely that your case will be settled before it has to go to trial.

If your case does go to trial, it means that the insurance company handling your claim refuses to pay what they should. Your attorney will vigorously represent you throughout your case — including trial if necessary — and fight to secure payment of what you are entitled to. 

Can You Buy More Than The Minimum Car Insurance In Colorado?

Yes. You can buy more auto insurance than the state’s required minimum. In fact, many drivers in the state purchase far more car accident insurance than they are required. Doing so can protect you from various potentially negative situations and outcomes related to auto accidents, including:

• Bodily injury and property damage liability
• Lawsuits for damages
• Court actions for damages, such as wage garnishment and federal income tax refund intercept

Purchasing relatively high amounts of uninsured motorist coverage is also a popular choice. In the event an at-fault driver has no insurance, your uninsured coverage will kick in. 

Is Colorado A Tort State?

Yes. Colorado is a tort state. Being in a tort state is the opposite of being in a no-fault state. Victims must prove that someone caused their car accident injuries in order to collect damages in a tort state. 

Additionally, being a tort state also means damages are not limited as they typically are in no-fault states. 

Can A Colorado Car Accident Lawsuit Include Pain And Suffering?

Yes. Pain and suffering and other non-economic losses are eligible for compensation for car accident victims in Colorado. However, there are other types of non-economic losses available to victims in tort states as well. Other types of non-economic losses include:

• Loss of enjoyment of life
• Disfigurement
• Scarring
• Emotional distress
• Mental anguish

If you have been injured in a car accident, you can ensure you know the precise extent of the damages you’re entitled to by seeking guidance from an experienced car accident attorney.

Non-Economic Damages Caps In Colorado

Colorado is one of a handful of states that cap non-economic damages for personal injury cases. For many years, its caps have been quite low compared to other states. However, a new law has substantially increased them. 

Prior to the change, non-economic damages were capped at $250,000 in personal injury cases. The new law, however, substantially increases the cap to $1.5 million for personal injury cases filed on or after January 1, 2025. From that date on, the cap is to be increased every two years to account for inflation. 

What Is The Standard For Compensation For A Colorado Car Accident Claim?

The principal standard for compensation in Colorado car accident cases is negligence. Negligence exists when a party breaches a duty of care toward another and causes injuries and losses. In car accident cases, standards of care are typically breached when a person commits a traffic violation, such as:

• Speeding
• Failing to signal
• Failing to stop or yield
• Following too closely
• Driving while distracted

In no-fault states, traffic violations often do not matter. This is because fault does not usually play a role in traffic compensation cases in no-fault states. However, fault and negligence are usually part and parcel of car accident claims in Colorado. Keep in mind that reckless and intentional behavior can also suffice for liability. 

What Does Negligence Mean For A Colorado Car Accident Case?

Negligence in Colorado car accident cases means a party has fallen below the required standards of care and has injured someone. In these cases, the at-fault party has no intention of harming anyone. However, they still cause an auto crash through unsafe or careless behavior. 

Is There A Deadline For Seeking Compensation For A Car Accident In Colorado?

Yes. Colorado has a three-year statute of limitations for car accident lawsuits. This means that car accident victims have three years from the date of their car accident to take legal action for damages. 

After three years, the right to sue vanishes in most cases. There are limited exceptions to the statute of limitations. As such, victims are strongly encouraged to take prompt action as soon as reasonably possible after experiencing a car accident. 

Contact Our Colorado Car Accident Attorneys

Our Colorado car accident lawyers can help you with your claim for compensation in Colorado’s at-fault tort system. When you’re hurt in a car accident, you need a skilled, aggressive representation that understands your pain. 

Our founder, Kyle Bachus, details in his book Unthinkable the struggle and pain of losing his mother to a negligent truck operator. We understand what you are facing after an accident and can fight tirelessly to protect your future.  

We are conveniently located at five Colorado locations near you in Denver, Fort Collins, Colorado Springs, Aurora, and Englewood. Our attorneys are ready to serve you and fight for the compensation you deserve. Call our attorneys for car accidents in Colorado for a free consultation with a member of our legal team. There’s no cost to call. Ask about how we can represent you with no money down and no legal fees unless you win. We’re standing by to take your call.

Citations:

Booth, M. (2024). Colorado cap on general injury lawsuit awards would increase to $1.5 million in deal to stop ballot fight.

C.R.S. 13-80-101.Mandatory Automobile Insurance in Colorado.