Car accident injury claims in Colorado
In Colorado, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Colorado.
Colorado at a glance
- Fault rule
- Modified comparative — 50% bar
- No-fault state?
- No
- Minimum liability coverage
- 25/50/15 ($25K BI/person, $50K BI/accident, $15K PD) per C.R.S. § 42-7-103
- Time limit for an injury claim
- 3 years
You can recover only if you were less than 50% at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Colorado
C.R.S. § 13-21-111 uses the stricter "not as great as" formulation: plaintiff recovers only if fault is LESS THAN 50%. Plaintiff at exactly 50% recovers $0; plaintiff at 49% recovers 51% of damages. This is DIFFERENT from IL/OH ("not greater than" / 51%-bar, where a plaintiff at 50% recovers). Joint-and-several rules at § 13-21-111.5 use modified pro-rata several liability.
Paying for injuries in Colorado
Colorado has NO PIP — the no-fault Auto Accident Reparations Act sunset in 2003 and Colorado is now an at-fault state. MedPay (Title 10 Art. 4) is optional but default-included at $5,000 minimum unless the named insured rejects in writing (C.R.S. § 10-4-635). PI recovery flows through at-fault BI liability, own MedPay, own UM/UIM, then own health insurance (subject to make-whole).
How Moe handles injury claims in Colorado
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Colorado’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Colorado injury claims — common questions
- Is Colorado a no-fault state?
- No. Colorado is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Colorado's fault rule for a car accident?
- Colorado follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Colorado?
- In Colorado the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Colorado’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.