Colorado is not a no-fault insurance state. Instead, it follows a traditional fault-based system for car accidents. This means that the at-fault driver is generally responsible for damages and injuries resulting from a car accident. However, understanding how fault is determined and the role of insurance in Colorado can be a bit complex.
Understanding Colorado’s Fault-Based System
In a fault-based system, the driver who caused the accident is liable for the resulting damages. This means if you are found at fault in a car accident in Colorado, your insurance company will be responsible for covering the costs of the other driver’s:
- Medical Bills: Covering the cost of medical treatment for injuries sustained in the accident.
- Property Damage: Paying for repairs or replacement of the other driver’s vehicle or other property damaged in the accident.
- Lost Wages: Compensating the injured party for income lost due to their inability to work following the accident.
- Pain and Suffering: In some cases, covering non-economic damages like pain, suffering, and emotional distress.
How is Fault Determined in Colorado?
Several factors come into play when determining fault after a car accident in Colorado.
- Police Reports: Police officers will document the accident scene, gather witness statements, and often assign fault in their report.
- Traffic Laws: Violating traffic laws, like running a red light or speeding, can be strong evidence of fault.
- Evidence: Photos and videos from the scene, vehicle damage, and eyewitness accounts contribute to determining liability.
- Insurance Adjusters: Insurance companies will have their adjusters investigate the accident to assess fault and determine the amount of coverage they are obligated to provide.
Colorado’s Auto Insurance Requirements
While Colorado doesn’t require no-fault insurance, it does mandate specific minimum coverage limits that all drivers must carry:
- Bodily Injury Liability: $25,000 per person / $50,000 per accident
- Property Damage Liability: $15,000 per accident
These minimum requirements ensure that drivers have some financial protection in case they cause an accident.
What if You’re in an Accident in Colorado?
- Prioritize Safety: Move your vehicle to a safe location, if possible, and check for injuries.
- Contact Authorities: Call 911 to report the accident and request medical assistance if needed.
- Exchange Information: Get the other driver’s contact and insurance information.
- Document the Scene: Take photos or videos of the accident scene, vehicle damage, and any visible injuries.
- Notify Your Insurer: Report the accident to your insurance company as soon as possible.
- Consider Legal Advice: If you have questions about fault or your rights, consult with a personal injury attorney experienced in Colorado law.
Conclusion
Colorado’s fault-based auto insurance system means understanding your rights and responsibilities as a driver is crucial. Having adequate insurance coverage is essential to protect yourself financially in case you are found at fault in an accident. If you’re unsure about your coverage or have questions about Colorado’s auto insurance laws, contact your insurance agent or a qualified legal professional.
