What Happens If the Person at Fault in an Accident Has No Insurance in Colorado?

Per Colorado Revised Statutes § 42-7-102, Colorado functions as an at-fault (tort liability) state for automobile accidents. The driver whose negligence caused the accident bears full legal responsibility for bodily injury and property damage. Usually, liability insurance covers these losses. When the at-fault motorist lacks insurance, that individual remains personally liable under civil law. Victims may recover through their uninsured motorist coverage or by suing the uninsured party. However, recovery can be limited by the uninsured party's financial resources. This type of liability is frequently associated with Colorado traffic violations and infractions, particularly where failure to maintain insurance constitutes a breach of the state's mandatory financial responsibility laws.

Is It Illegal To Drive Without Insurance In Colorado?

Yes. Colorado law requires all drivers to maintain proof of financial responsibility, typically satisfied by liability insurance, per C.R.S § 42-4-1409. Driving without valid insurance is an infraction that carries significant civil and administrative consequences:

• $500 mandatory fine
• Four demerit points on the driving record
• Up to 40 hours of community service
• SR-22 insurance filing required for reinstatement after suspension
• Driver's license suspension and possible vehicle impoundment
• On repeat offenses, fines can reach $1,000, and jail time up to one year
• In aggravated circumstances, courts may impose additional penalties.

What Is the Minimum Insurance Requirement in Colorado?

Per Colorado Revised Statutes § 42-4-1409, the minimum/mandatory required liability insurance includes:

• $25,000 for bodily injury or death to one party
• $50,000 for bodily injury or death to all individuals per accident
• $15,000 for property damage per accident

Colorado law does not obligate drivers to carry uninsured or underinsured motorist (UM/UIM) or medical payments (MedPay) coverage, but insurance providers are legally required to make both options available to policyholders.

Self-insurance is permitted. Any individual with over 25 registered vehicles may apply for a certificate of self-insurance through the Colorado Insurance Commissioner.

What To Do After A Car Accident With an Uninsured Driver in Colorado

When the at-fault motorist lacks insurance, the injured party faces added legal and financial complications. The following steps help secure documentation and explore recovery options:

Step 1: Report the Accident.

Accidents that resulted in injury, death, or property damage must be reported to local law enforcement immediately (C.R.S § 42-4-1606). An official police report documents the driver's uninsured status and serves as evidence for future legal or insurance actions.

Step 2: Submit a Crash Report if Law enforcement was not present.

If a law enforcement officer was present, no forms are needed unless the Department of Revenue sends a notice. The notice typically provides all necessary handling instructions. If no officer responded, parties can file an online crash report. It will not trigger an investigation, but it is kept for record-keeping purposes.

Step 3: Use Uninsured Motorist Coverage.

Colorado law mandates insurers offer UM/UIM coverage that matches bodily injury liability limits. If purchased, this coverage may pay for medical expenses and damages that the at-fault driver cannot cover.

Step 4: File a Civil Claim.

The uninsured driver remains personally liable. A lawsuit lodged in county or district court can seek compensation, though recovery depends on the defendant's financial capacity.

Step 5: Report the Uninsured Driver.

Driving without insurance is a violation of § 42-4-1409. It may result in license suspension or additional penalties upon notification to the DMV.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Even when not at fault, an uninsured driver violates Colorado Revised Statutes § 42-4-1409 and faces penalties including fines of $500 to $1,000, license suspension, four license points, and possible community service. The at-fault motorist remains liable, and the uninsured party may pursue economic damages such as medical expenses or vehicle repairs. However, uninsured drivers who are not at fault generally cannot recover non-economic damages, such as pain and suffering, without limits.

Can I Sue an Uninsured Driver in Colorado?

Yes. Injured parties may pursue a civil claim against an uninsured at-fault driver under Colorado tort law, as set out in C.R.S. § 13-21-101. If damages do not exceed $7,500, the case may be filed in small claims court (C.R.S. § 13-6-403). Claims above that threshold should proceed in the county or district court. Successful judgments can be enforced via wage garnishment under C.R.S. § 13-54.5-101 or through liens and bank levies. Enforcement depends on the defendant's assets and cooperation.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Colorado?

Uninsured (UM) and underinsured (UIM) motorist coverage pay injury damages caused by an uninsured driver, up to liability limits, per C.R.S. § 10-4-609. MedPay covers up to $5,000 per car occupant, regardless of their insurance status. Collision coverage covers vehicle damage. UMPD is optional and only applies if collision coverage is absent.

What Is Uninsured Motorist Coverage in Colorado?

Uninsured motorist (UM) coverage in Colorado protects insured drivers when the at-fault party has no liability insurance, including hit-and-run cases. Under C.R.S. § 10-4-609, insurers must offer UM and underinsured motorist (UIM) coverage equal to the insured's bodily injury limits unless lower limits are chosen in writing.

What If I Don't Have Uninsured Motorist Coverage in Colorado?

Motorists without UM/UIM coverage involved in a crash with an uninsured driver may consider these recovery options:

• Filing a Civil Claim Against the Uninsured Driver: Injured parties may initiate a civil action to pursue direct financial liability for medical expenses, wage loss, and physical or emotional harm resulting from the crash.
• Petitioning for an Outstanding Judgment Warrant (OJW): When a civil judgment remains unpaid for 30 days, the claimant may petition a Colorado court to issue an OJW. Once granted, the warrant compels the Department of Revenue to suspend the defendant's driving privileges until the debt is cleared.
• Applying for State Victim Compensation: If the accident involves a criminal offense such as DUI or hit-and-run, victims may apply to Colorado's Victim Compensation Program for reimbursement of losses related to the offense.

How Do I Get Compensation from an Uninsured Driver in Colorado?

To receive compensation from an uninsured driver in Colorado, the injured party may file a civil lawsuit in the district or county court where the incident happened or where the defendant lives (C.R.C.P. 98). The complaint outlines the defendant's negligence and claimed damages. Once filed, the court issues a summons to be served under C.R.C.P. 4. The defendant has 21 days to respond (C.R.C.P. 12(a)). If not, the plaintiff may seek a default judgment. Discovery follows under C.R.C.P. 26–37. Resolution occurs through settlement, mediation, or trial. A favorable judgment permits enforcement, including an Outstanding Judgment Warrant (OJW).

How Much Can You Recover From an Uninsured At-Fault Driver in Colorado?

Colorado's civil code (C.R.S. § 13-21-101) upholds the right to full compensation for damages caused by a negligent driver. Actual recovery depends on the at-fault driver's assets. Claimants may sue in small claims court for up to $7,500 under C.R.S. § 13-6-403. Larger claims proceed in county or district court without caps. Judgments earn eight percent annual interest per C.R.S. § 5-12-102. Collection tools include garnishment, levies, or liens, but judgment-proof defendants limit recovery.

How To Find Out If the At-Fault Driver Has Insurance in Colorado

Colorado motorists can confirm the at-fault driver's insurance status using the methods below:

• Crash report review: Under C.R.S. § 42-4-1606(4)(a)(I), officers must report insurance details and file within five days. Parties involved or their attorneys may request a copy.
• DMV Form DR 2489A: If the crash report does not include insurer details, concerned individuals may submit Form DR 2489A to the Division of Motor Vehicles for insurance verification.
• Litigation discovery: If a lawsuit is filed, insurance details may be obtained through interrogatories or document requests under C.R.C.P. §§ 26 and 33.

Are Accidents Public Record in Colorado?

Yes, certain accident-related records are public in Colorado. Police crash reports are generally accessible under the Criminal Justice Records Act, though access may be restricted for ongoing investigations. Court records from accident-related lawsuits are public, unless they are statutorily sealed. However, DMV data, including driver histories or insurance details, is protected under the Driver's Privacy Protection Act and is not open to the general public.

Can You Go to Jail for Causing an Accident Without Insurance in Colorado?

In Colorado, driving without insurance under C.R.S. § 42-4-1409 is an infraction, not a criminal offense. Offenders may face fines, license suspension, and community service, but not incarceration. However, suppose a driver uses falsified insurance documents or knowingly commits insurance fraud. In that case, the act qualifies as a misdemeanor under C.R.S. § 18-5-202. Criminal charges in such cases may result in up to six months in county jail, along with applicable fines and a permanent record.

Can You Settle With an Uninsured Driver Out of Court in Colorado?

Yes. Colorado permits out-of-court settlements with uninsured drivers. Once signed, a written agreement becomes legally binding under C.R.S. § 13-22-308. Colorado contract law enforces such agreements if they reflect offer, acceptance, and consideration. Breach of settlement terms, including clauses for payment, release, or liability waiver, may be pursued in court.

Can I Get Compensation If I Was Partially at Fault?

Yes. Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111. A claimant may recover damages only if less than 50% at fault. The court reduces compensation by the claimant's fault percentage. If fault equals or exceeds the combined share of other parties, recovery is barred entirely, regardless of injury severity or near-equal fault distribution.