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About Car Accident Law in Denver, United States

This guide explains the key legal issues people commonly face after a car accident in Denver, Colorado. Car accident law in Denver is governed by Colorado state law as applied locally by Denver police, courts, and municipal rules. After a crash you may have to deal with insurance claims, medical bills, property damage, police reports, possible traffic citations, and, in more serious cases, lawsuits for compensation. Time limits, fault rules, and insurance requirements all affect your rights and options.

Why You May Need a Lawyer

Not every crash requires a lawyer. Many low-damage, no-injury collisions resolve through quick insurance claims. You should consider hiring an attorney when:

- You or a family member suffered serious or permanent injuries, long-term disability, or significant medical expenses.

- Liability is disputed or multiple drivers, inadequate witness accounts, or conflicting police reports make fault unclear.

- You were hit by an uninsured or underinsured motorist, or the other side denies coverage.

- You received a low settlement offer from an insurance company, or the insurer is acting in bad faith or delaying payment.

- You face complex issues such as catastrophic injury, wrongful death, government-vehicle involvement, or an at-fault party who is a business or has limited assets.

- Your case involves multiple liable parties, product defects, distracted driving, impaired driving, or hit-and-run.

- You need help preserving evidence, calculating future damages, or filing suit before the statutory deadline.

Local Laws Overview

Key legal points that often matter in Denver car-accident cases include:

- Fault system - Colorado is an at-fault state. The driver who is negligent is generally responsible for losses caused by the crash. You report the crash to your insurer and the at-fault driver or their insurer typically pays compensation for injuries and property damage.

- Comparative negligence - Colorado applies modified comparative negligence with a 50 percent bar. If you are found 50 percent or more at fault for your injuries, you generally cannot recover damages. If you are less than 50 percent at fault, any recovery is reduced by your percentage of fault.

- Insurance minimums - Colorado requires minimum liability coverage amounts for drivers. Typical minimums are 25,000 per injured person, 50,000 per accident for bodily injury, and 15,000 for property damage. Many drivers carry higher limits. Insurance policy terms matter when pursuing compensation.

- Uninsured and underinsured motorist coverage - Insurers must offer uninsured and underinsured motorist options. Depending on your policy choices, UM/UIM coverage can help when the at-fault driver lacks adequate insurance.

- Statute of limitations - For most personal injury claims arising from a car accident, Colorado law generally requires you to file a lawsuit within two years from the date of injury. Property-damage claims commonly have a longer filing period. Missing the deadline can prevent you from suing.

- Police reports and crash reporting - If there are injuries, deaths, or significant property damage, call law enforcement and get a crash report. The police report is often important evidence for claims and litigation. Keep a copy for your records.

- Government entity claims - If your claim is against the City and County of Denver or another government entity, special notice requirements and shortened filing periods apply. You generally must provide written notice of a claim to the governmental entity within a short statutory period - often about 180 days - before filing suit. Strict compliance is critical.

- Traffic tickets and civil claims - A traffic citation is a criminal or municipal offense and does not automatically decide civil liability. However, citations, accident reconstruction reports, and traffic-camera evidence can be used as evidence of fault in civil cases.

- Duty to stop and exchange information - Colorado law requires drivers involved in crashes to stop, render reasonable assistance, and exchange name, address, registration, and insurance information. Failing to stop or leaving the scene may lead to criminal charges and civil exposure.

Frequently Asked Questions

Do I need an attorney for a minor fender-bender?

Not always. If there are no injuries and vehicle damage is minor, you can often resolve the matter through the insurance companies. Consider a lawyer if the insurer denies liability, offers an unreasonably low payout, or if medical issues arise later. Many attorneys offer free consultations to help you decide.

How is fault determined after a Denver car accident?

Fault is determined from police reports, witness statements, traffic laws, physical evidence, vehicle damage patterns, and sometimes expert reconstruction. Insurance companies investigate and assign fault for claim handling, but a court would make a final determination if the case goes to litigation.

What should I do at the scene to protect my legal rights?

Immediately check for injuries and call 911. Get medical attention for anyone hurt. Call police and obtain an officer and report number. Exchange contact, license, vehicle registration, and insurance information with other drivers. Take photos of the scene, damage, injuries, and road conditions. Collect witness names and contact information. Preserve evidence such as damaged items and repair estimates.

How long do I have to file a lawsuit in Colorado?

For most personal injury claims from a car accident, you generally have two years from the date of the injury to file a lawsuit. Property-damage claims may have a different time limit. If the defendant is a government entity, shorter notice requirements and different deadlines apply. Consult an attorney promptly to avoid missing deadlines.

What if the other driver does not have insurance?

If the at-fault driver is uninsured or underinsured, your uninsured/underinsured motorist coverage, if you have it, may cover your injuries. You may also have claims against other parties depending on circumstances. An attorney can help identify coverage and negotiate with your insurer or pursue other legal remedies.

Will my own insurance rates go up if I file a claim?

Possibly. If you are found at fault, your insurer may increase your premiums. If you are not at fault and your insurer pursues subrogation against the at-fault party, your rates may not necessarily increase. Speak with your insurer to understand how a claim might affect your policy.

What compensation can I recover after a Denver car accident?

You may be able to recover economic damages such as medical expenses, lost wages, property damage, and future medical costs. Non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life may also be recoverable. In rare cases involving egregious conduct, punitive damages could be available.

Can a traffic ticket help my claim?

A traffic ticket can be useful evidence because it is an official determination of a traffic violation. However, a ticket is not conclusive proof of civil liability. Both the ticket and other evidence are considered in a civil claim or lawsuit.

How much does a car accident lawyer cost in Denver?

Most personal injury lawyers handle car-accident injury claims on a contingency-fee basis. That means the lawyer is paid only if you recover money. Typical contingency fees range from about 33 percent to 40 percent plus out-of-pocket case costs, but rates and arrangements vary. Ask about fee structure and any additional costs during a free consultation.

What should I bring to a consultation with a Denver car-accident attorney?

Bring your police report number and any report copy, photos of the crash and injuries, medical records and bills, insurance policy information and communication with insurers, vehicle repair estimates, witness contact information, and a timeline of events. The more documentation you provide, the better the attorney can evaluate your case.

Additional Resources

Useful organizations and agencies to contact for help and information include:

- Denver Police Department - for crash reports, traffic investigations, and records.

- Colorado State Patrol - state crash data and crash-report procedures.

- Colorado Division of Insurance - for complaints about insurance companies and regulatory guidance.

- Colorado Judicial Branch - for court procedures and forms if litigation is necessary.

- Denver City and County risk management and legal departments - for claims involving city vehicles or property.

- Colorado Bar Association and Denver Bar Association - lawyer referral services and resources to find a qualified attorney.

- Colorado Department of Transportation - traffic safety information and highway conditions.

- Local medical providers and urgent care centers - for prompt treatment and medical documentation.

Next Steps

If you need legal assistance after a car accident in Denver, follow these practical steps:

1. Prioritize health - get immediate medical attention for injuries and follow-up care. Keep records of all treatment and expenses.

2. Secure the police report - obtain a copy of the crash report and note the investigating officer and report number.

3. Notify your insurer - report the accident to your insurance company promptly and follow policy reporting requirements.

4. Preserve evidence - retain photos, damaged parts, repair estimates, receipts, medical records, witness names, and any correspondence with insurers or other parties.

5. Avoid recorded statements - do not give a recorded statement to the other party's insurer without consulting an attorney, especially if injuries are serious.

6. Get legal advice - contact one or more experienced Denver car-accident attorneys for a free consultation to evaluate fault, damages, insurance coverage, and deadlines. Provide your documentation for a quicker assessment.

7. Act fast on government claims - if a government vehicle or property is involved, consult an attorney immediately to comply with notice and filing rules.

8. Track losses - keep a detailed log of lost wages, out-of-pocket expenses, and impacts on daily life to support damage claims.

9. Consider mediation or negotiation - many claims resolve through settlement. An attorney can negotiate with insurers to pursue a fair recovery without litigation if appropriate.

10. Prepare for litigation if needed - if negotiations fail, an attorney will explain the lawsuit process, evidence needed, and likely timeline for court action.

Taking prompt, organized action improves your chances of a fair outcome. If you have questions about your specific situation, consult a qualified Denver attorney who handles car-accident cases.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.