Colorado Car Accident Laws (2026)

Who pays after a crash in Colorado?

At-fault (tort) state: the negligent driver's insurer pays for the harm caused.

Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.

In practice: you claim against the at-fault driver's liability insurance. If their limits are too low, your own underinsured motorist (UIM) coverage can make up the difference — one of the most overlooked sources of compensation.

What if you were partly at fault?

Modified comparative negligence (50% bar): you recover nothing if you are 50% or more at fault.

Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.

Fault percentages are assigned by adjusters and, ultimately, juries — they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.

Damage caps in Colorado

For non-medical tort actions filed on or after January 1, 2025, Colorado generally limits noneconomic damages to $1.5 million under Colo. Rev. Stat. § 13-21-102.5. Separate phased limits govern medical malpractice and wrongful death, and inflation adjustments begin in 2028.

Your filing deadline

The general reference period is 2 years for many injury claims — details and exceptions in the Colorado statute of limitations guide.

Run your numbers with the car accident settlement calculator or see average car accident settlements.