Car Accident Lawsuit in Colorado

Colorado is a fault-based (tort) state. Injured parties sue the at-fault driver directly for all damages. Colorado follows a modified comparative fault rule: recovery is permitted if the plaintiff is less than 50% at fault, with damages reduced proportionally; plaintiffs 50% or more at fault are barred. Colorado requires all drivers to carry Medical Payments (MedPay) coverage of at least $5,000, though it can be waived in writing.

The statute of limitations for personal injury MVA claims in Colorado is three years from the date of the accident (C.R.S. § 13-80-101). Wrongful death actions must be filed within two years of death. Claims against a government entity require a notice of claim filed within 182 days (state entity) or within 182 days (local government) under the Colorado Government Immunity Act.

Venue is proper in the county where the accident occurred, where any defendant resides, or where the plaintiff resides (C.R.C.P. 98). Denver County District Court and Arapahoe County handle the largest MVA dockets. Colorado's civil courts distinguish between district court (unlimited jurisdiction) and county court (up to $25,000), which affects venue selection for smaller claims.

Colorado minimum liability limits are 25/50/15. UM/UIM coverage must be offered at bodily injury limits; rejection requires a written, signed waiver. Colorado's uninsured driver rate is approximately 16%. A 2023 law (HB 23-1172) increased minimum UM/UIM to 25/50 and requires insurers to disclose available policy limits within 30 days of a written request, aiding settlement negotiations.