Call Us!Is Colorado A No-Fault State?
When it comes to car accident liability, states typically have no-fault or fault insurance rules to govern compensation claims. In Colorado, car accident claims follow fault rules instead of no-fault. This means that victims must base their cases on the fault of another party if they want to collect damages for their losses and pain.
Here is what you need to know about Colorado’s car accident compensation laws and how a skilled lawyer from Bachus & Schanker can help you navigate them.
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.
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.
Why Choose Our Car Accident Law Firm?
Bachus & Schanker is led by top-rated car accident attorneys recognized among the best in Colorado. With decades of experience and thousands of cases handled within Colorado and nationwide, our team brings a proven track record of results to every case. They have represented clients in complex cases involving Colorado’s fault-based insurance laws across the state and nationwide.
At our firm, hands-on case management and personalized attention are central to how cases are handled. Attorneys remain directly involved throughout the process, with a focus on responsiveness, attention to detail, and clear communication at every stage of the case.
The benefits of working with our legal team include:
- Car accident cases taken on a contingency fee basis – no legal fees unless we win your case
- Support of our victim advocates team
- Personalized attention from attorneys who understand car accidents law
- Proven track record of maximizing settlements and verdicts for clients
- Experience handling cases in Colorado and across the United States
When you need experienced legal representation regarding Colorado’s insurance and fault laws, choose Bachus & Schanker, recognized as some of the best car accident lawyers in Colorado.
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 ensure 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 bookUnthinkablethe struggle and pain of losing his mother to a negligent truck operator. We understand what you are facing after an accident and can dedicate to protect your future.
We are conveniently located at five Colorado locations near you in Denver, Fort Collins, Colorado Springs, Aurora, and Englewood. 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.
Kyle Bachus & Darin Schanker
Top-rated Colorado-based personal injury lawyers and co-founders of Bachus & Schanker, Kyle Bachus and Darin Schanker, have represented car accident victims and families across Colorado for more than 30 years, earning a reputation as some of the best car accident attorneys for serious injury cases. The firm is structured to handle car accident cases of all types and severities, with a team organized to provide focused support and guidance throughout the process. Kyle and Darin guide victims through the legal process with the support of a dedicated team of car accident specialists and Victim Advocates, ensuring care and advocacy from start to finish so clients can stay focused on healing.
Both Kyle and Darin are nationally recognized for their trial skills and leadership in the legal community. They are members of the Million Dollar Advocates Forum, an exclusive group of attorneys who have achieved million and multi-million-dollar verdicts and settlements, a distinction earned by fewer than 1% of U.S. lawyers. In addition, they have been named Colorado Super Lawyers every year for nearly two decades, included in the Lawdragon 500 Leading Plaintiff Lawyers in America, named Top One Percent by the National Association of Distinguished Counsel, Top 10 Personal Injury Attorneys in Colorado by America’s Best Advocates, and recognized as top civil plaintiff attorneys by The National Trial Lawyers. Beyond the courtroom, they support the Colorado community through the Bachus & Schanker Cares Foundation, which sponsors local nonprofits and initiatives. See Kyle Bachus and Darin Schanker on Super Lawyers.
Notable Colorado Car Accident Settlement Results
$20 Million
$15 Million
$7 Million
Related Car Accident Resources
Bachus & Schanker Client Testimonial: Auto Accident Case
Legal Support Across Colorado and Nationwide
Serving Clients Nationwide
#1 Amazon Best Seller in the Legal Industry
Attorney Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your lives. Kyle wrote this book as a resource from his personal experience for families who have suffered a traumatic loss.
A Spanish edition of the book is also available, offering the same support and guidance to Spanish-speaking families.
You Deserve Fair Compensation
Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.