See what to do after a Colorado car accident to protect your rights and build a strong injury claim.
At least 11 people are seriously or fatally injured every day on Colorado roadways.¹
Colorado is a traditional fault state. This means you can seek compensation from the at-fault driver after a car accident, without having to first rely on your own insurance. Most car accident victims start by filing a claim against the driver’s insurance company.
Here’s what you need to know about Colorado traffic laws and vehicle injury claims.
What to Do After a Colorado Car Accident
Drivers who violate Colorado car accident laws are risking fines, community service, traffic citations, and points on their driving record. Here are five steps you can take after a car accident to comply with Colorado laws and start building a strong insurance claim.
1. Stay At the Scene and Exchange Information
Colorado drivers are required to stop and remain at the scene of an accident involving injury or death. Leaving the scene of an accident involving injury is a felony offense.
Drivers must provide their name, address, and vehicle registration number to the other driver and display their driver’s license upon request.
2. Call 911 and Help the Injured
In Colorado, drivers are required to report an accident to the police in the quickest way possible. Drivers are also obligated to render reasonable assistance to the injured, including arranging to carry a person to the nearest medical facility if the person asks or is obviously injured.
Calling 911 to report the accident and request an ambulance can satisfy your legal obligation, provided an officer arrives on the scene. If the police do not respond to investigate, you must file a form to report the accident.
3. Seek Prompt Medical Treatment
It’s natural to be stunned or startled by the sudden impact of a motor vehicle crash. The adrenaline rush can mask symptoms of injury, especially if you’re worried about family members also in the car. Some types of serious injuries, like brain trauma and internal bleeding, may not be obvious.
Refusing or delaying medical care not only jeopardizes your health, it also gives the insurance company an excuse to deny or minimize your claim. The adjuster can say your injuries didn’t happen in the accident or you didn’t mitigate your losses.
Allow medics to look you over at the scene. Let them transport you to the hospital if that’s what they recommend. If you aren’t taken to the hospital by ambulance, arrange to go to urgent care on your own, preferably on the same day as the crash.
Tell your medical provider about every injury and symptom, not just the most obvious one. You’re entitled to compensation for all your injuries, so don’t hold back. If you experienced fear, anxiety, or vomited after the crash, tell the doctor that, too.
4. Gather Evidence From the Scene
Because Colorado is a traditional fault state, you have to prove the other driver caused the accident before their insurance company will accept your claim. You need evidence to prove the other driver did something wrong or failed to do what any reasonable person would do to prevent an accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Unless you’ve decided to hire an attorney to handle your claim, you’ll need to notify both your own insurer and the at-fault driver’s insurance company as soon as possible after the accident.
You don’t have to wait until after you’ve recovered from your injuries before putting the at-fault driver’s insurer on notice.
The other driver’s company will usually send a letter with a claim number and the adjuster’s contact information. You might get a call right away from an adjuster offering a fast settlement. Adjusters have a bag of tricks they can use for getting you to settle your case fast and cheap.
It’s almost never in your best interest to settle your claim while still treating your injuries. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your personal auto policy is a binding contract that includes a “notification and cooperation” clause. This means you’re obligated to promptly notify your insurance company of an accident, even when the other driver admits fault. In return, your insurance company has obligations to you, including a duty to defend you against lawsuits arising from the accident.
You risk forfeiting important legal protections if you don’t notify your insurance company of an accident and cooperate with their investigation.
Severe injury claims are best handled by an experienced personal injury attorney. Your attorney will protect you from allegations of shared fault, gather evidence to prove your case (that you might not be able to get on your own), and identify all potential sources of compensation.
Colorado Fault and Liability Rules
Colorado is a traditional fault state, meaning you can pursue compensation from the at-fault parties, including the other driver, the vehicle’s owner, and the driver’s employer if they were on the job when the accident occurred. However, in a fault or “tort” state, you bear the burden of proving fault.
Colorado Shared Fault Rules
Colorado is a modified contributory fault state, also called the 50 percent rule. This rule means you can seek compensation from the other driver so long as they are more to blame than you. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in Colorado
Grant was traveling on Reese Street in Silverton on his way home from work. It was cold and getting dark, and he was tired as he approached 14th Street.
Dave was also traveling on Reese Street, coming toward 14th Street from the opposite direction. He was running late for a dinner meeting with a client, so he dialed his cell phone and stepped on the gas.
Dave came flying through the intersection just as Grant made a left into his path. Both men were injured in the collision. Grant was cited for making an improper turn into oncoming traffic. The police report also noted witness statements stating that Dave was speeding.
Dave not only missed his client meeting, he was out of work for six months while he recovered. He filed a lawsuit against Dave, seeking $100,000 in damages.
At trial, the jury saw the police report, and also Dave’s cell phone records proving he was talking on the phone when the accident occurred.
The jury found both drivers equally liable for causing the accident. Grant made an improper turn, but Dave was speeding and driving while distracted by his phone.
Under Colorado’s 50 percent contributory fault rule, Dave was barred from collecting compensation from Grant. Dave walked away empty-handed.
Colorado Car Accident Compensation
The average settlement for a moderate car accident claim in Colorado is $57,740, with average payouts ranging from $10,051 for minor injuries to $599,908 for severe injuries.
Injury settlements in Colorado can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In El Paso County, Desmond v. Christian, 06cv1208, the plaintiff was awarded $6,000 for cervical and lumbar sprains.
- In Denver County, Meyer v. Payne, 2020-CV-031086, the court awarded $956,297 for a brain injury, cognitive impairment, visual disturbance, tinnitus, and PTSD.
Use our free Colorado Personal Injury Calculator to estimate a minor to moderate claim.
Factors that impact Colorado car accident compensation include:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like buses, delivery trucks, and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Colorado State Minimum Insurance Requirements
Colorado is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $15,000 for property damage.
Insurance companies selling auto policies in Colorado must offer uninsured motorist (UM) coverage equal to the policy liability coverage. Policyholders have the right to reject UM coverage in writing.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by totaling your economic damages, including medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that total to account for your non-economic damages, better known as pain and suffering.
The amount the adjuster will pay for non-economic damages depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is justified for a broken leg that kept you on crutches for several months.
Serious injury claims should be handled by an experienced injury attorney for the best outcome, including fair compensation for your past and future medical expenses, lost earning capacity, and the pain and suffering that arises from disabling or disfiguring injuries.
How Much is Your Injury Claim Worth?
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