Colorado Car Accident Settlement Calculator
In Colorado, you generally have 3 years to file an injury lawsuit, you recover nothing at 50% fault or more, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Colorado claim may be worth and what you would actually take home.
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Colorado rules in 30 seconds
Details & exceptions
Colorado uses modified comparative negligence: an injured person can recover only if their negligence was 'not as great as' the negligence of the person they are suing (so 49 percent or less), with damages reduced by their percentage of fault. At 50 percent or more, they recover nothing (C.R.S. 13-21-111(1)). No 2023-2026 change was found.
Details & exceptions
C.R.S. 13-80-101(1)(n)(I): 3 years for 'all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle'. (Colorado's general tort period is 2 years, but motor vehicle cases get 3.) The 3-year rule does not apply to strict/product liability claims governed by 13-80-102(1)(b) or 13-80-106 ((n)(II)). Claims against public entities (state, counties, cities, etc.): written notice must be filed within 182 days after discovery of the injury (C.R.S. 24-10-109(1)), and damages are capped under the Colorado Governmental Immunity Act (C.R.S. 24-10-114: base $350,000 per person / $990,000 per occurrence, adjusted for inflation every four years; the adjusted figures are published by the Secretary of State).
Details & exceptions
Property damage minimum: $15,000. C.R.S. 10-4-620: $25,000 for bodily injury or death to one person, $50,000 to all persons in one accident, and $15,000 property damage in one accident. The Colorado Division of Insurance auto page gives the same 25/50/15 minimums. No 2023-2026 bill raising the minimums was found (2025-2026 activity concerned premiums, a crash-prevention fee and the road safety surcharge).
Details & exceptions
Greater of $1,500,000 or 0× economic damages, up to $1,500,000. C.R.S. 13-21-102.5(3) caps noneconomic damages in any civil action other than medical malpractice, so it covers car-accident injury claims. HB24-1472 (signed June 3, 2024, effective January 1, 2025) raised the cap to $1,500,000 (13-21-102.5(3)(a)(II)) and, per secondary sources, removed the former option to exceed the base cap on clear and convincing evidence, making it a hard cap. It is to be adjusted for inflation starting January 1, 2028 and every two years after. Wrongful death noneconomic damages have a separate $2,125,000 cap (13-21-203). Medical malpractice has its own phased cap (rising from $300,000 to $875,000 over five years). Earlier cases (under the pre-2025 law) used much lower inflation-adjusted caps (reported as $729,790, or up to $1,459,600 on clear and convincing evidence, for the most recent period). Economic damages are not capped. The engine_cap is a flat $1.5 million.
Details & exceptions
C.R.S. 10-4-609(1)(a): auto policies must include UM/UIM coverage at least at the 42-7-103(2) limits, but the named insured may reject it in writing; insurers must offer UM/UIM up to the insured's bodily injury liability limits (10-4-609(2)). UM coverage includes underinsured vehicles (10-4-609(4)). The Division of Insurance describes UM/UIM as optional: it 'will be included in your policy unless you reject it in writing.' Separately, $5,000 of medical payments coverage is included unless rejected (C.R.S. 10-4-635).
Worked example: a typical Colorado car accident claim
Another driver turned left into you at an intersection in Colorado: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.
- Economic damages$20,000Medical bills + expected future treatment + lost wages.
- Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
- Total claim value$40,000 – $60,000Economic + pain and suffering.
- After your share of fault$32,000 – $48,000Colorado uses modified comparative negligence (50% bar): you recover nothing if you are 50% or more at fault; otherwise recovery is reduced by your 20%.
- Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
- Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.
You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.
- At 51% fault instead: you would get nothing from the other driver under Colorado's fault rule.
- If the other driver only had the minimum policy: the $25,000 limit caps the claim, so you would keep about $15,750 unless you have underinsured motorist coverage.
Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
Deadline traps in Colorado
The 3-year lawsuit deadline is not the only clock. These are the ones people miss:
Written notice must be filed within 182 days after discovering the injury: with the Attorney General for claims against the State, or with the governing body or its attorney for a county, city or other public entity. Send it by certified/registered mail or personal service.
C.R.S. 24-10-109, Notice required (Colorado Governmental Immunity Act) (Colorado Public Law mirror)
If no court-appointed guardian or conservator exists, a child has until the later of 3 years after the crash or 2 years after turning 18. A parent alone does not count as a court-appointed representative.
C.R.S. 13-81-103, Tolling of statutes of limitation (Colorado Public Law mirror)C.R.S. 13-81-101, Definitions (Colorado Public Law mirror)Kinslow v. Mohammadi, 2024 CO 19 (Colorado Supreme Court)
How fast a Colorado insurer must respond
Colorado Division of Insurance Regulation 5-1-14 requires a decision and/or payment within 60 days of a valid, complete first-party claim unless there is a reasonable dispute. No specific acknowledgment deadline; third-party claims fall under the general 'promptly' standard.
- Accept or deny60 days after a valid and complete claim (first-party claims)
- Pay once agreed60 days after a valid and complete claim (first-party claims)
3 CCR 702-5-1-14 summary (Merlin Law Group, Property Insurance Coverage Law blog)
If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.
Next steps after a Colorado crash
- Got an offer? Check if it's fair in Colorado
- Write a demand letter
- How Colorado's fault rule compares
- Whiplash claims
- Broken bone claims
- What a lawyer would cost
Frequently asked questions
- What is a typical car accident settlement in Colorado?
- It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Colorado claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Colorado.
- Is Colorado an at-fault or no-fault state for car accidents?
- Colorado's car insurance system: At-fault (tort).
- Is there a cap on pain and suffering in Colorado car accident cases?
- Greater of $1,500,000 or 0× economic damages, up to $1,500,000. C.R.S. 13-21-102.5(3) caps noneconomic damages in any civil action other than medical malpractice, so it covers car-accident injury claims. HB24-1472 (signed June 3, 2024, effective January 1, 2025) raised the cap to $1,500,000 (13-21-102.5(3)(a)(II)) and, per secondary sources, removed the former option to exceed the base cap on clear and convincing evidence, making it a hard cap. It is to be adjusted for inflation starting January 1, 2028 and every two years after. Wrongful death noneconomic damages have a separate $2,125,000 cap (13-21-203). Medical malpractice has its own phased cap (rising from $300,000 to $875,000 over five years). Earlier cases (under the pre-2025 law) used much lower inflation-adjusted caps (reported as $729,790, or up to $1,459,600 on clear and convincing evidence, for the most recent period). Economic damages are not capped. The engine_cap is a flat $1.5 million.
- What happens if I was partly at fault for an accident in Colorado?
- Colorado follows modified comparative negligence with a 50% bar: you recover nothing if you are 50% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
- How long do I have to file a car accident lawsuit in Colorado?
- Generally 3 years for personal injury and 3 years for property damage. C.R.S. 13-80-101(1)(n)(I): 3 years for 'all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle'. (Colorado's general tort period is 2 years, but motor vehicle cases get 3.) The 3-year rule does not apply to strict/product liability claims governed by 13-80-102(1)(b) or 13-80-106 ((n)(II)). Claims against public entities (state, counties, cities, etc.): written notice must be filed within 182 days after discovery of the injury (C.R.S. 24-10-109(1)), and damages are capped under the Colorado Governmental Immunity Act (C.R.S. 24-10-114: base $350,000 per person / $990,000 per occurrence, adjusted for inflation every four years; the adjusted figures are published by the Secretary of State).
- What is the minimum car insurance in Colorado?
- $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage. C.R.S. 10-4-620: $25,000 for bodily injury or death to one person, $50,000 to all persons in one accident, and $15,000 property damage in one accident. The Colorado Division of Insurance auto page gives the same 25/50/15 minimums. No 2023-2026 bill raising the minimums was found (2025-2026 activity concerned premiums, a crash-prevention fee and the road safety surcharge).
- What is the deadline to file a claim against the government in Colorado?
- 182 days. Written notice must be filed within 182 days after discovering the injury: with the Attorney General for claims against the State, or with the governing body or its attorney for a county, city or other public entity. Send it by certified/registered mail or personal service.
- How long does an insurance company have to respond to a claim in Colorado?
- Colorado Division of Insurance Regulation 5-1-14 requires a decision and/or payment within 60 days of a valid, complete first-party claim unless there is a reasonable dispute. No specific acknowledgment deadline; third-party claims fall under the general 'promptly' standard.
Related
- How much of a settlement you actually get
- Personal injury lawyer fees and fee calculator
- Pain and suffering calculator
- Compare car accident rules in every state
Official sources
- C.R.S. 24-10-109, Notice required (Colorado Governmental Immunity Act) (Colorado Public Law mirror)
- C.R.S. 13-81-103, Tolling of statutes of limitation (Colorado Public Law mirror)
- C.R.S. 13-81-101, Definitions (Colorado Public Law mirror)
- Kinslow v. Mohammadi, 2024 CO 19 (Colorado Supreme Court)
- 3 CCR 702-5-1-14 summary (Merlin Law Group, Property Insurance Coverage Law blog)
- C.R.S. 13-21-111 (Colorado Public Law mirror of the 2024 C.R.S., current through Fall 2025; secondary copy because the official C.R.S. is hosted by LexisNexis)
- C.R.S. 13-80-101 (Colorado Public Law mirror)
- C.R.S. 24-10-114 (Colorado Public Law mirror)
- Colorado Division of Insurance, Auto Insurance
- C.R.S. 10-4-620 (Colorado Public Law mirror)
- C.R.S. 10-4-609 (Colorado Public Law mirror)
- HB24-1472, Raise Damage Limit Tort Actions (Colorado General Assembly bill page)
- Wilson Elser (secondary), Colorado increases damages caps in personal injury and wrongful death actions
- Gordon Rees (secondary), Significant increase in Colorado tort damages caps now in effect