What to Do After a Car Accident in Denver: Colorado’s Deadlines and Fault Rules
A car crash can make an ordinary day into a pile of phone calls, medical bills, and forms. Most people never plan for it. Then it happens, and they have to make quick choices while they are still shaken up.
Denver drivers don’t want to see this too often. The Colorado Department of Transportation (CDOT) reports 701 traffic fatalities in Colorado for 2025, an increase of approximately 2% from 2024. The number of those deaths in Denver was 76, an increase of 21% from the previous year. And those figures are just for fatal crashes. Many others lead to injuries that affect people’s work and living for months.
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Here is what to do in the hours and weeks after a crash, and what Colorado law says about time limits and fault.
Start With Safety and Medical Care
Move to a safe spot if you can, and call 911. Get checked by a doctor, even if you feel fine. Pain from whiplash and other injuries can show up a day or two later. A medical record made soon after the crash also shows the insurance company when the injury began.
Write Down What You Can
Photograph the cars, road and any damage. Obtain driver and witness names and phone numbers. If you are unable to work, keep your estimates for the repair, medical costs, and pay stubs.
Keep a short note of how you feel each day. It sounds small, but details fade fast, and those notes can help later.
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Be Careful With the Other Insurer
An adjuster from the other driver’s insurance company may call you within days. The manners are usually friendly. Still, that person works for the insurer, not for you.
Limit yourself to basic information. Avoid speculating about the problem, and if you haven’t been seen by a doctor, don’t say you are OK. A simple ‘I’m sorry’ can be given back to you down the road.
Know Your Deadline
In Colorado, the majority of injury claims have a time limitation of two years. Claims for car accidents are given more time. C.R.S. §13-80-101(1)(n)(I) requires that you must make a claim for bodily injury or property damage caused by the use or operation of a motor vehicle within three years. In a 2025 opinion, the Colorado Court of Appeals walked through this rule.
Three years sounds like a lot. It goes by quickly. Witnesses move away, video gets erased, and memories blur. Other kinds of injury claims can have shorter windows, so the type of case matters too.
How Fault Can Change What You Recover
Colorado uses modified comparative negligence, as stated in C.R.S. § 13-21-111. This means your payout may decrease if you share some blame. If you are found 50% or more at fault, you cannot recover damages. The Colorado Supreme Court explained this 50% rule in Mountain Mobile Mix, Inc. v. Gifford.
For instance, if your total losses are $50,000 and a jury determines you are 20% responsible, your award would drop to $40,000.
This is why insurers look closely for any signs of your involvement in the crash. A late brake, a quick look at your phone, or a lane change can all be points of discussion. Your early and careful account of the incident is crucial.
When It Makes Sense to Talk to a Lawyer
Not every fender bender needs one. If the damage is small and nobody is hurt, a call to your insurer may be enough.
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The picture changes when injuries are serious, the other driver blames you, or you get a quick settlement offer that doesn’t cover your bills. It also changes if you miss work or aren’t sure what your claim is worth. In those cases, it is reasonable to talk with a Denver personal injury attorney before you sign anything.
Before hiring anyone, find out how fees are handled. Many injury lawyers only get paid if you receive money. The terms can be different, at each law firm. Choose a person who explains things in simple words and does not push you to make a quick decision.
The Bottom Line
The few days after a crash set the mood for everything that follows. Get care, keep good records and be careful with what you tell insurers. Keep the three-year deadline and the 50% fault rule in mind. A little early effort can protect your claim and saves you a lot of stress.
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