When a car accident occurs, you immediately start to wonder about your legal rights. Is Colorado a no-fault state? Can I bring a tort claim for financial compensation? How will I pay my medical bills and repair my car? Here’s what you need to know about whether Colorado is a no-fault state from our car accident lawyers.

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Home » Practice Areas » Colorado Car Accident Lawyers » Is Colorado a No-Fault State?

No, Colorado is not a no-fault state. In Colorado, you may sue the responsible party any time that you get hurt or have property damage in a car accident. You don’t have to have serious or permanent injuries to bring a lawsuit against the responsible party after a car accident in Colorado.

Instead, any car accident may be the basis for a tort claim. This includes even minor accidents like rear-end collisions and more complex cases like accidents in a leased vehicle, Uber or Lyft car crashes, and accidents in a company car.

What Does It Mean to Be a No-Fault State?

A no-fault state is a state with laws that divert minor traffic accidents from the courts. If no-fault laws apply, each party in the car accident looks to their own insurance for payment for expenses like medical bills and property damage. Most no-fault states still allow car accident victims with very serious or permanent injuries to bring a legal claim for financial compensation against the party responsible for an accident.

How Can I Get Paid If I’m in a Car Accident in Colorado?

When you’re hurt in a car accident in Colorado, you assess who is at fault for the accident. You may use the information from the police report to do this. If another driver or party is at fault for the accident, you approach their insurance company for payment for your damages. If they do not pay you fairly, you may bring a lawsuit to collect fair compensation with a court order. If you’re still not successful in recovering fairly, you can look to your own uninsured and underinsured motorist insurance coverage to pay your remaining damages.

All Colorado Drivers Must Have Minimum Amounts of Insurance

With Colorado being an at-fault state, you might assume that there’s no point in bringing a lawsuit after a car accident if the other side can’t pay your claim. But all Colorado drivers must carry insurance to cover them in case they cause an accident.

The minimums that all drivers have to carry are $25,000 per person for bodily injury, $50,000 total per accident for bodily injury, and $15,000 for property damage. These minimum amounts cover many car accidents. Even if they don’t fully cover your car accident, they may still be a start, and then you can look to direct payments from the responsible party and your own uninsured/underinsured motorist coverage for the rest.

Will My Colorado Car Accident Case Go to Trial?

Being an at-fault state doesn’t mean that your Colorado car accident case will go to trial. To the contrary, the vast majority of car accident cases in Colorado don’t go to trial. But the at-fault system allows every car accident victim to win fair compensation and hold the responsible party accountable through the Colorado tort system as long as you abide by Colorado’s statute of limitations.

Can You Buy More Than the Minimum Car Insurance in Colorado?

Yes, you can buy more than the minimum car insurance in Colorado. If you’re in an accident, it’s essential to investigate the responsible party’s insurance policy. Many drivers carry more than the minimum insurance amounts.

In addition, your claim may be against a company if the at-fault party was driving for business. You shouldn’t assume that you can recover only the minimum insurance amounts in a Colorado car accident. Your car accident attorney can help you investigate the applicable insurance policies to maximize your fair compensation for the accident.

Is Colorado a Tort State?

Yes, Colorado is a tort state. If you’re hurt in a car accident in Colorado, and the car accident is someone else’s fault, you can bring a tort lawsuit to receive financial compensation. Even if your car accident injuries are minor, because of Colorado tort laws, all car accident claims are eligible for formal legal action to compensate victims.

Can a Colorado Car Accident Lawsuit Include Pain and Suffering?

Yes, a Colorado car accident lawsuit can include pain and suffering. You base your pain and suffering compensation on the severity of your physical injuries, and the time it takes for you to heal. To win pain and suffering, you must include a request for it in your demand for compensation.

Colorado Non-Economic Damages Limit; Colorado Revised Statutes 13-21-1025

Colorado law places a limit on non-economic damages payment in car accident cases. Colorado Revised Statutes 13-21-1025 says that there’s a limit of non-economic damage caps of $250,000 in most car accident cases. If the jury believes that it’s clearly warranted, they can award up to $500,000 in non-economic damages. In most car accident cases, the limit for non-economic damages is $250,000.

What Is the Standard for Compensation for a Colorado Car Accident Claim?

The standard for compensation for a Colorado car accident claim is negligence. Negligence is a lack of care. When someone acts negligently, they don’t use the ordinary care that someone should use under the same circumstances. When you’re hurt because a driver acts negligently, you may bring a claim for financial compensation.

What Does Negligence Mean for a Colorado Car Accident Case?

Negligence in a Colorado car accident case means carelessness. Speeding is an example of negligence. Blowing through a red light or cutting someone off to change lanes are also examples of negligence. The standard for negligence is not as high as most people think. When the other party causes the accident through a driving mistake or poor driving behavior, you may bring a case against them for financial compensation.

Contact Our Colorado Car Accident Attorneys

Our Colorado car accident attorneys can help you bring a claim for compensation through Colorado’s at-fault tort system. When you’re hurt in a car accident, you need skilled, aggressive representation to investigate the case and pursue fair legal compensation. With our team fighting for you, you can rest assured that we won’t stop until you have a check in your hands that fairly represents your injuries and damages.

We are conveniently located at 5 Colorado locations near you in DenverFort CollinsColorado 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.

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.

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Written and Legally Reviewed By: Kyle Bachus

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Kyle is a member of the Colorado and Florida Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.