What To Do Immediately After a Colorado Car Accident

1. Report the Crash

Colorado law requires you to report crashes that involve:

• Injury
• Death
• Property damage

Failing to report can lead to penalties and may be used against you later by an insurance company or in court.

2. Get Medical Care Quickly

If you are injured—even if it seems “minor”—get evaluated. Delays in treatment give insurers an excuse to argue:

• “It must not have been that serious.”
• “The injury came from something else, not the crash.”

Early medical documentation connects your injuries to the collision and protects your claim.

3. Preserve Evidence

Evidence is easiest to get right after the crash. Whenever possible, do the following:

• Take photos of all vehicles, skid marks, road conditions, and visible injuries.
• Get names and contact info for witnesses.
• Write down the other driver’s name, plate, and insurance information.
• Save the police report number and the officer’s name.
• Preserve dashcam or security camera footage if it exists.

Evidence created now often decides who “wins” a liability dispute later.

How Fault Works in Colorado Car Accident Cases

Colorado is a fault-based auto insurance state. The driver who causes the crash is financially responsible for the harm they cause.

Negligence: The Basis of Most Claims

Most cases are based on ordinary negligence—basically, careless driving. Examples include:

• Speeding or driving too fast for conditions
• Following too closely (tailgating)
• Unsafe lane changes and improper merges
• Running red lights or stop signs
• Distracted driving (phones, texting, etc.)

Comparative Negligence in Colorado

Colorado uses a modified comparative negligence rule (C.R.S. § 13-21-111):

• If you are 50% or more at fault, you recover nothing.
• If you are less than 50% at fault, your compensation is reduced by your percentage of fault.

Example:

• Total damages: $100,000
• You are found 20% at fault
• Your recovery = $80,000 (reduced by 20%)

Insurance companies lean on this rule to blame the injured person and reduce payouts.

Key Insurance Coverages in Colorado Car Accident Claims

Liability Insurance

Every Colorado driver is required to carry at least:

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

These minimum limits are often not enough to cover serious injuries, surgeries, or long-term impairment. Commercial and higher-limit policies may provide more coverage.

MedPay (Medical Payments Coverage)

Unless you specifically waived it, Colorado auto policies automatically include at least $5,000 in MedPay coverage (C.R.S. § 10-4-635). MedPay:

• Pays medical bills from the crash
• Applies regardless of who was at fault
• Has no deductible or copay
• Generally should not raise your premiums simply because you use it

Many drivers never realize they have MedPay available until it’s too late.

UM/UIM (Uninsured / Underinsured Motorist Coverage)

UM/UIM coverage applies when:

• The at-fault driver carries no insurance at all (uninsured), or
• The at-fault driver’s limits are too low to cover your losses (underinsured)

UM/UIM can provide additional compensation on top of what you recover from the at-fault driver’s liability carrier. In serious injury cases with low liability limits, UM/UIM is often the only way to get closer to full compensation.

Damages You Can Recover in a Colorado Car Accident Case

Colorado law recognizes several categories of damages in bodily injury claims.

Economic Damages

These are financial losses you can document, such as:

• Past medical bills
• Future medical care (therapy, injections, surgery, medications, etc.)
• Lost wages and salary
• Loss of future earning capacity
• Out-of-pocket expenses related to the crash

Non-Economic Damages

These cover the human impact of your injuries, including:

• Pain and suffering
• Inconvenience
• Emotional distress
• Loss of enjoyment of life
• Loss of the ability to do daily activities or hobbies

Colorado law caps non-economic damages (C.R.S. § 13-21-102.5), but those caps are periodically adjusted for inflation.

Physical Impairment and Disfigurement

Colorado treats physical impairment and disfigurement as a separate category of damages. These may include:

• Permanent loss of function or range of motion
• Chronic pain or weakness
• Scarring or disfigurement
• Lasting hardware (plates, screws, rods)

Unlike non-economic damages, physical impairment and disfigurement damages are generally not subject to the same statutory caps, and can be extremely important in serious injury cases.

The Colorado Auto Claim Process: Step-by-Step

1. Medical Treatment and Recovery

Your health comes first. In most cases, you treat until you reach a point where your condition has stabilized or you’ve reached maximum medical improvement (MMI). Insurance companies rarely pay full value before they see the full picture of your injuries and treatment.

2. Collecting Records and Bills

All of your providers must supply records and billing statements documenting:

• Diagnoses and imaging (X-rays, MRIs, CTs)
• Treatment plans and response to care
• Procedures and surgeries
• Prognosis and impairment

This step takes time. Providers are often slow to produce complete records.

3. Preparing and Sending a Demand Package

When treatment is reasonably complete or your long-term needs are understood, a detailed demand is sent to the at-fault insurance company. A typical demand package includes:

• Summary of the crash and liability facts
• Medical records and bills
• Wage loss documentation
• Future care and impairment discussion
• A demand for settlement within policy limits (or another figure)

4. Negotiation With the Insurance Company

The insurer responds with its own evaluation and an initial offer. Negotiations focus on:

• Who was at fault and to what degree
• Whether the medical treatment was “reasonable and necessary”
• How long symptoms lasted and whether they are permanent
• How much to pay for pain, suffering, and impairment

Carriers routinely undervalue non-economic damages and physical impairment, especially when the injured person is unrepresented.

5. Settlement or Litigation

If a fair resolution can be reached, the case settles and releases are signed. If not, a lawsuit may be filed in Colorado District Court. Even after filing, most cases resolve before trial through continued negotiation, mediation, or early neutral evaluation.

Unreasonable Delay or Denial: Colorado Bad Faith Law

Insurance companies must handle claims fairly and cannot unreasonably delay or deny payment of covered benefits. Colorado law addresses this through:

• C.R.S. § 10-3-1115 – Prohibits unreasonable delay or denial of benefits.
• C.R.S. § 10-3-1116 – Allows an insured person to recover two times the covered benefit, plus attorney fees and costs, if the insurer violates § 10-3-1115.

These statutes are powerful tools in first-party claims (like UM/UIM or MedPay) when an insurer refuses to pay fairly without a legitimate basis.

Colorado Deadlines (Statutes of Limitation)

Deadlines are critical. Missing one can permanently destroy a valid claim, regardless of the severity of your injuries.

• Auto accident bodily injury claims: generally 3 years from the date of the crash.
• General negligence (non-auto): generally 2 years.
• Claims against government entities: require a formal notice of claim, often within 180 days (C.R.S. § 24-10-109).

There are exceptions, but they are narrow. Do not assume the deadline is later without legal advice.

Common Mistakes That Hurt Colorado Auto Claims

• Delaying medical treatment or “toughing it out.”
• Missing appointments or failing to follow medical advice.
• Talking freely with adjusters or giving recorded statements.
• Signing broad medical releases for the insurance company.
• Posting about the crash or injuries on social media.
• Settling before you understand your future medical needs.
• Paying medical liens or subrogation claims without review.

These mistakes give insurers ammunition to discount or deny your claim.

How Long Do Colorado Car Accident Cases Take?

The timeline depends heavily on the severity of your injuries, how long you need treatment, and whether liability is disputed. Roughly:

• Minor soft-tissue injuries: around 3–6 months.
• Moderate injuries with ongoing treatment: around 6–12 months.
• Serious injuries with surgery or impairment: 12–24+ months.
• Cases that go into litigation: often 18–36 months total.

Settling too early almost always means settling for less than the claim is worth.

When You Should Strongly Consider Hiring a Lawyer

You can technically handle a claim yourself, but it is usually wise to get legal help when:

• You required surgery, injections, or advanced care.
• You have permanent symptoms or impairment.
• You missed significant time from work or can’t return to the same job.
• Liability is disputed or the police report is inaccurate.
• The at-fault driver has low limits and UM/UIM may be needed.
• Medicare, Medicaid, ERISA, or health insurance liens are involved.
• A commercial vehicle, rideshare, or multiple vehicles are involved.

These situations involve complex rules and high financial stakes that are difficult to navigate alone.

Practical Tips for Injured Colorado Drivers

• Keep a simple symptom journal or notes on how you feel and what you can’t do.
• Store all bills, receipts, prescriptions, and mileage to medical appointments.
• Follow up on referrals (PT, imaging, specialists).
• Do not assume the insurance company is “on your side.”
• Be careful with what you say to adjusters; everything is recorded and documented.
• Get legal advice before signing releases or settlement documents.

Colorado Car Accident FAQ

Is Colorado a no-fault state for car accidents?

No. Colorado is a fault-based state. The driver who caused the crash is responsible for paying damages, usually through their liability insurance.

Do I have to use my MedPay coverage?

No one can force you to use it, but MedPay is designed to help with crash-related medical bills regardless of fault. In many cases, using MedPay early can prevent bills from going to collections.

Can I recover money for pain and suffering?

Yes. Colorado allows recovery for pain, suffering, and other non-economic damages, subject to statutory caps that are periodically adjusted for inflation.

What if the other driver has no insurance?

If you have UM (uninsured motorist) coverage, you may be able to pursue a claim through your own policy. This is still an adversarial claim; your insurer will not simply pay whatever you ask.

Do I need a lawyer for every car accident?

Not necessarily. Very minor claims with only a few medical visits and clear liability can sometimes be handled without an attorney. However, if you have significant injuries, lost wages, surgery, impairment, or any dispute about fault, consulting a lawyer is usually in your best interest.

The Bottom Line

Colorado car accident claims sit at the intersection of negligence law, insurance contracts, statutory damage caps, medical evidence, and lien rules. Insurance companies work with this system every day. Most injured people see it once in their lives—when they are hurt, stressed, and vulnerable.

Understanding the basics of how fault, insurance coverage, damages, and deadlines work in Colorado gives you a clear advantage and helps you avoid costly mistakes. If your injuries are more than minor, it is usually worth getting experienced legal advice before you talk settlement with an insurance company.

This guide is for general educational purposes only and is not legal advice for any specific case. If you have questions about your own situation, consult a qualified Colorado personal injury attorney.