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Colorado Accident Law

A good Colorado claim insurance lawyer will tell you that this are the most important regulations of the state.

A good Colorado claim insurance lawyer will tell you that C.R.S. § 13-21-111 makes this state a Modified Comparative Fault. This means that Colorado is one of 11 states that follow the 50 Percent Bar Rule. This rule means that any party that is 50% at fault or more will not be able to recover for any damages.  

Having a good Colorado claim insurance lawyer in your corner will help you when dealing with an insurance company. They will be trying to prove that you had as much fault as the person that hit you. If they can successfully prove that, then you will not be entitled to any recovery. But a good Colorado claim insurance lawyer can protect you form that.

They are well aware of insurance techniques to make you look like you are at fault. Of course you can educate yourself and exclude that “good Colorado claim insurance lawyer”, but if things get ugly you can always enlist one to protect you.

Remember, If you had an accident in Colorado then the insurance company will be trying to show that you are as much as fault as their driver. They do not have to prove that you were more at fault they were. This is one of the reason why consulting with a good Colorado claim insurance lawyer can help you foresee what kind of arguments the insurance adjuster will be making against you.

If your agent sells you insurance without personal injury protection and you are in an accident, you can still claim those medical bills because that coverage is required in your state. This would apply even if the accident happened in other states (or Mexico and Canada).

Property Damage Claims and Diminished Value

Colorado Claim Insurance Lawyer and attorneys have attempted in the past to change legislation so Diminished Value claims are allowed in their state.

In Hyden v. Farmers Ins. Exchange, 20 P.3d 1222 (Colo. App. 2000), the Colorado Court of Appeals held:

 

“When an automobile insurer promises to provide an insured with a vehicle ‘of like kind and quality,’ the insurer must provide the insured, through repair, replacement, and/or compensation, the means of acquiring a vehicle substantially similar in function and value to that which the insured had prior to his or her accident.” Also see, Heritage Village Owners Ass’n, Inc. v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004), where the court allowed for recovery of diminution in value for damage to real property.

This means that a claim for the diminished value of your vehicle against your own insurance company is valid. You or your Colorado insurance claim lawyer can argue that you are owed for the value your vehicle lost just by being in an accident. Your car will not be worth the same after a wreck than it did before. You should be compensated for the difference but you must make the claim or your insurance company will “forget”.

Deductible Reimbursement in Colorado

No applicable statute, Administrative Code provision or case law exists. Colorado Dept. of Insurance advises that the standard practice is to reimburse insured for deductible on a comparative negligence basis. So that would make Colorado a Pro Rate State. This means that if your insurance company recovers 60% of the total damages, then your insurance company should pay you 60% of you deductible.

 

Colorado Accident Law
Jurisdiction  Pure Comparative Fault
Liability Insurance required? Yes
Personal injury liability maximum for one person injured in an accident. $25,000
bodily injury liability maximum for all injuries in one accident. $50,000
property damage liability maximum for one accident. $15,000
PIP required? Yes
No-fault state? No
Uninsured motorist coverage required? No
Bodily Injury Statue Of limitations  2 years, But it is extended to 3 years if there is a motor vehicle involved
Property Damage Statute of Limitation 2 years, But it is extended to 3 years if there is a motor vehicle involved
Small Claims Court Maximum Limit $7,500
First Party Diminished Value Claim in Property Damage Allowed
Med Pay Subrogation Allowed? Yes
PIP Subrogation Allowed? Yes- *Commercial vehicles over 1,500 lbs. only and uninsured motorists.
Deductible Reimbursement Law PRO RATA
STATE

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