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Colorado Insurance Guides

Insurance Claim Guides After a Car Accident in Colorado

After an accident, insurance companies have teams of adjusters, attorneys, and algorithms working to minimize what they pay you. These guides level the playing field. We break down each major insurer's claims process, tactics, and the Colorado-specific rights that protect you.

Claim Guides by Insurer

What NOT to Say to the Insurance Company

Insurance adjusters are trained to extract statements that can be used to reduce or deny your claim. Here are the most common phrases that hurt claimants:

"I'm fine" or "I'm not hurt"

Adrenaline masks pain after an accident. Many injuries like whiplash, concussions, and soft tissue damage do not present symptoms for hours or days. This statement can be used to argue you were not injured in the accident.

"It was my fault" or "I'm sorry"

Even a polite apology can be interpreted as an admission of fault. In Colorado, being 50% or more at fault bars you from any recovery. Let the investigation determine fault.

"I accept your offer"

The first offer is almost always the lowest. Once you accept, you sign a release giving up your right to any future compensation, even if your injuries worsen or new damages emerge.

"I don't have a lawyer"

Adjusters may handle your claim more aggressively if they know you are unrepresented. You are not required to disclose whether you have legal counsel.

"You can access my full medical records"

Broad medical authorizations let insurers search your entire history for pre-existing conditions to attribute your injuries to. Only authorize records related to the accident.

Your Rights Under Colorado Insurance Law

Colorado has specific laws that protect accident victims during the insurance claims process. Knowing these rights is the single most important thing you can do to protect your claim.

MedPay (Medical Payments Coverage)

Colorado requires insurers to offer MedPay when you purchase or renew a policy. MedPay covers your medical bills regardless of fault, with no deductible or copay. Limits typically range from $5,000 to $50,000. If you have it, use it immediately.

UM/UIM Coverage

Uninsured/Underinsured Motorist coverage protects you when the at-fault driver has no insurance or not enough. Colorado requires insurers to offer it, but you may have rejected it in writing. About 16% of Colorado drivers are uninsured. Check your policy.

Bad Faith Protections (CRS 10-3-1115/1116)

If your insurer unreasonably delays or denies a valid claim, Colorado law entitles you to up to two times the covered benefit plus attorney fees and costs. Colorado has some of the strongest bad faith protections in the country.

Comparative Fault (CRS 13-21-111)

Colorado uses modified comparative fault. You can recover damages as long as you are less than 50% at fault, but your award is reduced by your fault percentage. Insurers will try to shift fault to reduce their payout.

Frequently Asked Questions

How long do I have to file an insurance claim after a car accident in Colorado?
Most Colorado auto insurance policies require you to report an accident "promptly" or "as soon as practicable," typically within 24 to 72 hours. The Colorado statute of limitations for filing a personal injury lawsuit is 3 years from the date of the accident (CRS 13-80-101), and 2 years for property damage. However, delaying your insurance claim can give the insurer grounds to deny it, so file as soon as possible.
Should I give a recorded statement to the other driver's insurance company?
You are not legally required to give a recorded statement to the other driver's insurance company in Colorado. Your own insurer may require one under the terms of your policy. Recorded statements are often used to find inconsistencies or admissions that reduce your claim. If the other driver's insurer requests one, consult an attorney before agreeing.
What is MedPay and how does it work in Colorado?
Medical Payments coverage (MedPay) is an optional no-fault coverage in Colorado that pays your medical bills regardless of who caused the accident. It covers you, your passengers, and sometimes your family members. MedPay limits typically range from $5,000 to $50,000. Unlike health insurance, MedPay has no deductibles or copays, and it pays out quickly. Colorado law requires insurers to offer MedPay when you purchase or renew a policy.
What is UM/UIM coverage and why does it matter in Colorado?
Uninsured/Underinsured Motorist (UM/UIM) coverage protects you when the at-fault driver has no insurance or not enough to cover your damages. Colorado requires insurers to offer UM/UIM coverage, but you can reject it in writing. About 16% of Colorado drivers are uninsured. UM/UIM can cover medical bills, lost wages, and pain and suffering up to your policy limits.
What is insurance bad faith in Colorado?
Under Colorado law (CRS 10-3-1115 and 10-3-1116), insurance companies must handle claims in good faith. If your insurer unreasonably delays or denies a valid claim, the law allows recovery of up to two times the covered benefit plus attorney fees and costs. Common examples include failing to investigate properly, misrepresenting policy terms, or making unreasonably low offers. Colorado has some of the strongest bad faith protections in the country.
Should I accept the first settlement offer from the insurance company?
In most cases, no. Initial settlement offers are typically the insurer's lowest estimate of what your claim is worth. They are made before your full medical treatment is complete and before the true cost of your injuries is known. Once you accept a settlement, you cannot go back for more money even if your injuries worsen. Get a full medical evaluation and consider consulting an attorney before accepting any offer.
Can I file a claim against my own insurance company after an accident?
Yes. In Colorado, you can file a first-party claim against your own insurance for collision damage (if you have collision coverage), MedPay benefits, and UM/UIM claims if the at-fault driver is uninsured or underinsured. You can also file a first-party claim on your comprehensive coverage if your vehicle was damaged by something other than a collision (hail, theft, etc.).

Not Sure How to Handle Your Claim?

An experienced personal injury attorney can evaluate your claim, deal with the insurance company on your behalf, and make sure you are not leaving money on the table. Consultations are free and there is no obligation.

Talk to an Attorney - Free, No Obligation