Is Colorado a no-fault state?
No. Colorado is an at-fault (tort) state. It used to be a no-fault state, but that system ended in 2003. Today the driver who causes a crash is responsible for injuries and damage through their liability insurance, and Colorado requires at least 25/50/15 liability. Insurers must include $5,000 of medical payments (MedPay) coverage unless you reject it in writing, which gives you fault-free help with medical bills. You can't recover damages if you're as much at fault as the other driver, or more.
- Colorado is an at-fault state. Its old no-fault PIP system expired in 2003, so articles describing Colorado PIP are out of date. Compare systems in no-fault vs at-fault car insurance states.
- The minimum liability is 25/50/15, per the Colorado Division of Insurance.
- $5,000 of MedPay is automatically part of your policy unless you reject it in writing (C.R.S. §10-4-635). It pays regardless of fault. See PIP vs MedPay.
- Colorado bars recovery if your fault equals or exceeds the other driver's, so a 50/50 split means no recovery.
- Colorado's lawsuit deadline for most car-crash injury claims is generally three years, longer than Texas and Georgia.
Is Colorado a No-Fault State? Not Since 2003
How claims work in Colorado now:
• The at-fault driver's bodily injury and property damage liability pays for the other people's injuries and damage.
• You can claim against that insurer, use your own coverages first (MedPay, collision, UM) and let your insurer recover the money through subrogation, or sue.
• There's no injury threshold to sue, unlike no-fault states with a tort threshold.
Colorado sits alongside Texas and Georgia as an at-fault state, while New York keeps a strong no-fault system.
When Colorado dropped PIP, it kept a fault-free option. Insurers must include $5,000 of medical payments coverage on every policy unless you reject it in writing. MedPay pays your and your passengers' medical bills straight away, regardless of who caused the crash. Keep it.
Colorado Car Insurance Requirements
• $25,000 bodily injury per person
• $50,000 bodily injury per crash
• $15,000 property damage
Included unless you reject it in writing:
• $5,000 medical payments (MedPay)
• Uninsured/underinsured motorist (UM/UIM), which insurers must offer
A $15,000 property damage limit is low. It may not cover one late-model SUV, let alone two cars. Anything above your limits can be pursued against you personally. See how to know if you are underinsured. Riders should also read how much is motorcycle insurance in Colorado. The same 25/50/15 minimum applies to motorcycles.
The Insurance Research Council estimates 1 in 3 US drivers were uninsured or underinsured in 2023. In an at-fault state, if an uninsured driver hits you, your own UM/UIM is the only policy paying for your injuries. See can an insurance company sue an uninsured driver.
How Fault Is Split in Colorado
• 25% at fault: you recover 75%.
• 49% at fault: you recover 51%.
• 50% or more at fault: you recover nothing from the other driver.
That works in practice like Georgia's 50% bar, and it's slightly stricter than Texas's 51% bar. Evidence wins these cases: photos, dashcam footage, witness contacts and the police report. Be careful with recorded statements, and consider when to hire an insurance lawyer if fault is disputed.
What to Do After a Crash in Colorado
2. Photograph the scene, the vehicles and the road conditions (ice and snow come up in many Colorado fault disputes).
3. Open a MedPay claim with your own insurer for early medical bills.
4. File a third-party claim with the at-fault driver's insurer.
5. If they're uninsured, open a UM claim.
6. Track all expenses and keep the lawsuit deadline in mind.
Need your car fixed now? Your own collision coverage can pay straight away, minus the deductible, while your insurer chases the other side.
Sources & Official References
Illustrative Case: Emma's Icy Intersection in Denver
Scenario: Emma slid into an intersection on an icy January morning after another driver ran a stale yellow light. Her medical bills came to $8,700 and her car damage to $7,200. She had kept the $5,000 MedPay on her policy. The adjusters initially proposed a 50/50 fault split, citing her speed for the conditions.
Resolution & Judicial Outcome: Emma's MedPay paid $5,000 of her medical bills within weeks, regardless of fault. A nearby business's camera footage showed the other driver entering on red, and fault was revised to 70/30 in her favour. She recovered 70% of her remaining damages from the other driver's insurer. At the original 50/50 split, Colorado law would have barred her recovery entirely.
What You Should Do: Step-by-Step Action Plan
Critical Mistakes to Avoid
- Relying on outdated information that says Colorado has PIP.
- Rejecting MedPay to save a few dollars.
- Accepting a 50/50 fault split without challenging it.
- Carrying only $15,000 of property damage in a state full of expensive trucks and SUVs.