Check yourself and anyone else for injuries first, and call 911 if anyone is hurt. Move your car out of traffic if you safely can, and turn on your hazard lights. Colorado law requires you to report any accident that causes injury or property damage, so get the police out even if it feels minor. Once the scene is safe, exchange information with the other driver, take photos, and get contact information from anyone who saw what happened before they leave.
Why this order matters
Adrenaline hides pain. People walk away from crashes feeling fine and find out the next morning they can barely turn their neck. Getting checked out isn’t just about your health, it also creates a medical record tied to the date of the crash, which matters later if an insurer tries to argue your injury came from somewhere else.
What not to do
Don’t apologize, don’t guess out loud about who was at fault, and don’t agree to “handle this between us” without a police report and an exchange of insurance information. A friendly conversation at the scene has a way of turning into a disputed-fault fight two weeks later.
What to do next
If this is where you are right now, call Mile High Legal at (720) 853-5779 for a free consultation. We handle Colorado car accident and injury claims on contingency, meaning you pay nothing upfront and nothing at all unless we recover money for you.
What happens if I’m found more than 50% at fault in Colorado?
Once your share of fault hits 51 percent under C.R.S. § 13-21-111, you’re barred from recovering any compensation at all, not just a reduced amount. This is the single biggest reason fault percentage fights matter so much in Colorado claims, a few percentage points can be the difference between a real settlement and nothing.
Can the front driver ever be at fault in a rear-end crash?
Yes. If the front driver slammed on the brakes without reason, stopped in a place they shouldn’t have, or had broken brake lights that gave the trailing driver no warning, some or all of the fault can land on them instead. It’s not the norm, but it’s a real exception, and it’s exactly the kind of detail an insurer won’t volunteer on your behalf if you’re the one who got rear-ended.
What if the police report doesn’t assign fault?
Sometimes officers can’t determine fault at the scene, especially when the two drivers give conflicting accounts and there’s no independent witness. An undetermined police report isn’t the end of your claim, but it does mean the insurance companies will lean harder on whatever other evidence exists: photos, witness statements, and sometimes an accident reconstruction expert.
Can I file a car accident claim in Colorado without a police report?
Yes, you can still file and even sue without a police report, but it makes proving fault harder since you lose the benefit of an officer’s independent account of the scene. If you’re in this situation, lean harder on photos, medical records, and witness statements, and get them gathered quickly since memories and evidence fade fast without an official report anchoring the facts.
How do I file a car accident claim?
Report the accident to your own insurer first, even if the other driver was at fault, since your policy likely requires prompt notice. If the other driver caused the crash, you’ll also file a third-party claim with their insurance company. Either way, have your police report number, photos, and any medical records ready before you make the call.
Whose insurance do I file with after a Colorado car accident?
If the other driver caused the crash, you file a third-party claim with their insurer. You can also turn to your own policy for MedPay, uninsured motorist coverage, or collision coverage, depending on what happened and what you’re missing from the other side. It’s common to use more than one policy at once, they’re not mutually exclusive.
What expenses can I claim after a car accident?
Medical bills, lost wages, property damage, and pain and suffering are the core categories. Less obvious expenses, like mileage to medical appointments, over-the-counter medication, and the cost of hiring help for things you can’t do while recovering, are often recoverable too, but only if you keep records as you go.
Why do insurance companies deny claims?
Sometimes it’s legitimate, a policy exclusion, a missed deadline, or a real dispute about fault. Often it’s a starting negotiating position, denying or lowballing a claim costs the insurer nothing and occasionally works if the claimant gives up. A denial letter is a starting point for a fight, not necessarily the final word.
What if fault is undetermined and there’s no police report?
This is the hardest version of a disputed-fault case, since there’s no official report and no clear fault call to lean on. It’s not hopeless, though. Photos, text messages sent right after the crash, repair estimates showing impact patterns, and any witnesses you can track down all become more important when there’s no report to fall back on.
What does uninsured motorist coverage cover?
It pays for your medical bills, lost wages, and pain and suffering when the at-fault driver has no liability insurance at all. It’s a coverage on your own policy, so having it doesn’t depend on the other driver having anything to offer, which matters given how many drivers on Colorado roads carry no insurance or let it lapse.
Is uninsured motorist coverage worth it?
For most drivers, yes. The added premium is usually modest compared to what it would cost you out of pocket if you were hit by an uninsured driver with real injuries. Given how often Colorado drivers get in accidents with underinsured or uninsured motorists, this is one of the few coverages where the cost-benefit case is pretty one-sided.
Does uninsured motorist coverage apply to a hit-and-run?
Yes. An unidentified hit-and-run driver is treated the same as an uninsured driver for UM purposes, since there’s no one to file a liability claim against. If you’re hit and the other driver takes off, your own UM coverage is often the most realistic path to compensation.
What is stacked uninsured motorist coverage?
Stacking combines UM/UIM limits across multiple vehicles on one policy, or sometimes across separate policies, giving you a higher total coverage ceiling than any single vehicle carries on its own. Whether it’s available and how it works depends entirely on your specific policy language, so it’s worth asking your insurance agent directly rather than assuming either way.
Do I need my own insurer’s permission before accepting a UIM settlement in Colorado?
Often, yes. Many Colorado auto policies require you to notify your own insurer and get their consent before accepting a settlement from the at-fault driver’s insurance company, specifically so they can decide whether to step in and pay the difference themselves instead. Accept a settlement without that step and you risk losing your right to pursue the UIM portion of your claim entirely.
What is MedPay in Colorado and how much do I have?
MedPay is optional medical payments coverage that comes standard on most Colorado auto policies unless a driver opts out in writing. It typically starts around $5,000, though you can purchase more, and it pays your medical bills after a crash regardless of fault. Check your declarations page, it’s listed right alongside your liability limits.
What’s the difference between MedPay and PIP?
MedPay only covers medical expenses. PIP, where it still exists, goes further and also covers lost wages and essential services you can’t perform while you’re hurt. Colorado replaced mandatory PIP with optional MedPay back in 2003, so most Colorado drivers today are working with MedPay’s narrower coverage rather than PIP’s broader version.
Does health insurance or car insurance pay my medical bills first after a crash?
Your MedPay coverage, if you have it, typically pays first since it doesn’t require any fault determination. Health insurance often steps in once MedPay runs out, and health insurers frequently place a lien on your case, meaning they expect to be reimbursed out of your eventual settlement. The at-fault driver’s insurance is usually the last to pay, once the whole claim resolves.
How do I claim lost wages from a car accident if I’m self-employed?
You’ll lean on tax returns, estimated tax payments, and business records showing revenue and profit before and after the accident, since you won’t have pay stubs to point to. A doctor’s note establishing your work restriction still matters just as much. This category of claim tends to draw more scrutiny from insurers, so thorough documentation matters even more than it does for a salaried employee.
What documents do I need to prove lost income in a Colorado injury claim?
Pay stubs, W-2s or 1099s, a doctor’s note establishing your work restriction, and a letter from your employer confirming your pay rate and missed dates cover most situations. If you’re self-employed, tax returns and business financial records take the place of pay stubs. Keep everything organized as you go, reconstructing this months later is far harder than saving it in real time.
How do you calculate pain and suffering?
Two methods are common. The multiplier method takes your actual medical bills and lost wages and multiplies them by a number, often one to five depending on how severe your injuries were. The per diem method assigns a daily dollar value to your pain and multiplies it by the number of days you were affected. Colorado law doesn’t require either method, but both are widely used by attorneys and insurers as a starting point.
How much do insurance companies pay for pain and suffering?
There’s no fixed answer, it depends heavily on the severity and permanence of your injuries, how well documented they are, and how strong the liability case is. Insurers often start with a multiplier applied to your medical bills as an internal benchmark, but the number they offer first is rarely their real ceiling.
How much is pain and suffering worth in Colorado?
It genuinely varies case by case, and anyone giving you a specific number without reviewing your medical records and the facts of your crash is guessing. What tends to move the number: how severe and lasting the injury is, how well it’s documented, and whether fault is clearly on the other driver.
How is my car’s value determined if it’s a total loss in Colorado?
The at-fault driver’s insurer pays your vehicle’s fair market value right before the crash, not what you paid for it and not the sticker price. They typically pull comparable sale prices for the same make, model, year, and mileage in your area. If their number looks low, you can push back with your own comparable listings.
How do I claim diminished value on my car after an accident?
You’ll need proof of your car’s value before the crash, documentation of the repairs and parts used, and a post-repair appraisal showing what the car is worth now that it’s fixed. The gap between those two numbers is your diminished value claim, and it’s filed against the at-fault driver’s insurer separately from the repair cost itself.
Is texting while driving illegal in Colorado?
Yes, under C.R.S. § 42-4-239, texting while driving is illegal for adult drivers in Colorado, and any use of a mobile phone while driving is banned outright for drivers under 18. Beyond the traffic ticket, cell phone use at the time of a crash can become strong evidence of negligence in a civil injury claim.
What is a hit and run?
A hit and run is when a driver involved in a crash leaves the scene without stopping to exchange information or render aid, when required by law to do so. It applies whether the crash caused property damage only or serious injury, though the seriousness of the charge, and the consequences for you as the injured party, depend heavily on which one happened.
Can you go to jail for a hit and run in Colorado?
Yes. A hit-and-run involving injury or death is a felony in Colorado and carries real prison exposure. Even a property-damage-only hit-and-run, typically a misdemeanor, can still result in jail time, along with fines and license consequences. The specific penalty depends heavily on what actually happened at the scene.
How do I report a hit-and-run in Colorado?
Call the police right away, ideally from the scene, and give them everything you observed: a description of the vehicle, direction of travel, any partial plate number, and witness contact information. The sooner it’s reported, the better the odds of identifying the driver, and you’ll need the resulting report to support any insurance claim regardless of whether they’re ever found.
Will a hit-and-run claim raise my insurance rates?
It can, though being the victim of a hit-and-run generally shouldn’t count against you the way an at-fault accident would. Rate impacts vary by insurer and by how many claims you’ve filed recently, so it’s worth asking your own agent directly rather than assuming the worst and avoiding a legitimate claim you’re owed.
What is the Medina Alert and how does it help find hit-and-run drivers in Colorado?
The Medina Alert is a Colorado public notification system, similar to an Amber Alert, that law enforcement can activate to help the public identify a hit-and-run vehicle and driver. It’s not automatic for every hit-and-run, it applies when specific criteria around the severity of the crash are met.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim brought by surviving family members when someone dies because of another person’s negligence or wrongdoing, in this context, a fatal car accident. It’s separate from any criminal charges the at-fault driver might face, and it’s aimed at compensating the family, not punishing the driver.
What is the deadline to file a wrongful death claim in Colorado?
Colorado generally requires wrongful death lawsuits to be filed within two years of the date of death, which is shorter than the three-year deadline that applies to most injury claims. Miss it, and the right to pursue compensation is gone, regardless of how strong the case would have been.
Are wrongful death settlements taxable?
Generally no, for the same reason most personal injury settlements aren’t taxed federally, they’re tied to a physical injury or death rather than lost income on its own. This is general information, not personalized tax advice — talk to a CPA or tax professional about your specific situation. Punitive damages, if awarded, are typically an exception and remain taxable.
Who gets the money in a wrongful death lawsuit?
It depends on who was legally entitled to bring the claim in the first place, typically the surviving spouse, then children, then parents, following Colorado’s priority order. How it’s divided among multiple eligible family members can depend on the specific facts and any agreement among them, which is worth sorting out early rather than after a settlement arrives.
How long does a wrongful death lawsuit take in Colorado?
It varies widely depending on whether the insurer negotiates in good faith or the case heads to trial. Straightforward cases with clear liability can resolve in under a year. Contested cases, especially ones involving a dispute over fault or damages, can take well over a year, sometimes several, if litigation becomes necessary.
Are car accident settlements taxable?
Generally no for the portion tied to physical injuries, medical bills, and pain and suffering connected to them. This is general information, not personalized tax advice — talk to a CPA or tax professional about your specific situation. Interest that accrues while your case is pending and any punitive damages are usually treated differently and can be taxable, even within the same settlement.
What is the average settlement for a car accident in Colorado?
There isn’t a meaningful average that applies to your specific situation, settlements range from a few thousand dollars for minor injuries to well into six or seven figures for serious, life-altering harm. Anyone who quotes you a specific expected number before reviewing your medical records and the facts of your crash is guessing, not evaluating your case.
How are personal injury settlements paid out?
Most settlements are paid as a single lump sum once you sign the release, typically within a few weeks. Some larger settlements, especially involving long-term injuries, use a structured settlement instead, paying out over months or years. Which structure makes sense depends on your situation and is worth discussing with your attorney before you agree to terms.
Can creditors take my personal injury settlement?
It depends on the type of debt and how the settlement funds are held. Some portions of a personal injury settlement have protections under Colorado law, but general creditors can sometimes reach settlement funds once they’re in your bank account, especially if there’s already a judgment against you. If this applies to your situation, it’s worth discussing with an attorney before the money arrives, not after.
How long does a personal injury settlement take?
Simple, undisputed cases can resolve in a couple of months. Most take six to eighteen months, largely driven by how long medical treatment takes, since insurers won’t seriously negotiate before you reach maximum medical improvement. Cases that end up in litigation take considerably longer.
Is a personal injury settlement considered income?
Generally no for the portion tied to a physical injury, under federal tax law that money isn’t treated as taxable income. This is general information, not personalized tax advice — talk to a CPA or tax professional about your specific situation. Punitive damages and interest on a pending settlement are treated differently and typically are taxable, even within an otherwise nontaxable award.
How much does a car accident lawyer cost in Colorado?
Most personal injury attorneys, including Mile High Legal, work on contingency, meaning there’s no upfront cost and no hourly bill. We only get paid a percentage of what we recover for you, and if we don’t recover anything, you owe nothing. This structure is designed so the size of your bank account isn’t what decides whether you get real representation.
Does the filing deadline change if the injured person is a minor?
Often, yes, but it’s not automatic. Colorado’s statute of limitations can be tolled, meaning paused, while a minor doesn’t yet have a legal representative acting on their behalf, which can mean the clock effectively doesn’t start until they turn 18. But if a parent or guardian is already appointed as the child’s legal representative, the deadline may run on the normal schedule instead of waiting for the child’s 18th birthday. That’s exactly why a minor’s case shouldn’t be assumed to have unlimited time, and why the deadline should be calculated for the specific case rather than off a general rule of thumb.
What is the statute of limitations for property damage after a Colorado accident?
Property damage claims from a Colorado motor vehicle accident carry a three-year deadline under C.R.S. § 13-80-101, the same as injury claims (property damage from other causes, like vandalism, generally gets a shorter two-year deadline under C.R.S. § 13-80-102). That clock generally starts on the date you knew or reasonably should have known about the damage and its cause, per C.R.S. § 13-80-108. Insurers are far more cooperative the sooner you document the damage, so there’s little upside to waiting.
