Every state in the U.S. has its own car accident insurance laws. A handful of states have no-fault insurance laws, while others follow either modified or pure comparative negligence laws where it matters who caused an accident. Colorado became a fault-based insurance state in 2003. Before that time,
Colorado’s no-fault insurance laws required all drivers to carry a personal injury protection (PIP) policy. Accident victims in no-fault insurance states must file claims against their own PIP policies regardless of which driver caused the accident.
Since Colorado adopted a modified comparative negligence system, car accident victims may pursue compensation directly from an at-fault driver’s insurance. For this reason, the state no longer requires drivers to carry personal injury protection; however, some drivers choose to keep this coverage—known as MedPay in Colorado—as an optional addition. For legal help on your unique personal injury case, contact our experienced attorneys at Ciancio Ciancio Brown, P.C.
What Is the Minimum Auto Insurance Coverage Required In Colorado?
Under the state’s fault-based insurance laws, drivers do not have to carry personal injury protection coverage. Instead, they must have at least the following minimum required coverage:
- $25,000 for bodily injury or death per person in an accident
- $50,000 in total bodily injury or death coverage per accident
- $15,000 for property damage per accident
In a modified comparative negligence state like Colorado, an injury victim may recover compensation for their damages from an at-fault driver’s insurance as long as they are less than 50% at fault for the auto accident. The insurance company reduces the injury victim’s compensation by their percentage of fault.
What Coverage Does Personal Injury Protection (PIP) Provide?
Like other no-fault insurance states, Colorado does not require drivers to purchase personal injury protection coverage; however, insurance companies offer a modified form of this optional extra to Colorado drivers. PIP—known as MedPay in Colorado—provides coverage for injury victims no matter who is at fault for the accident. MedPay is automatically included in every driver’s minimum insurance policy with $5,000 in coverage; however, Colorado drivers may opt out of this coverage by signing a waiver.
MedPay does not offer the same full coverage as traditional PIP policies. PIP insurance coverage provides compensation for medical expenses, reasonable funeral costs, and lost income. Colorado’s MedPay provides compensation for medical expenses but excludes coverage for home health aid, which is allowed under most PIP policies. MedPay does NOT provide compensation for lost earnings, which is a coverage typically included in PIP insurance in no-fault insurance states. Injury victims cannot recover compensation for pain and suffering or emotional damages from their MedPay policies.
Why Choose to Add MedPay (Modified PIP) Insurance In Colorado?
With a MedPay policy in place, a driver has at least $5,000 in coverage available for their medical expenses even if they are more than 50% at fault for their accident and cannot recover compensation from another driver’s policy. PIP also provides coverage for medical expenses in cases of accidents caused by an uninsured motorist or a hit-and-run driver.
While a claim against an at-fault party’s insurance under the state’s comparative negligence laws requires an injury victim to prove the other driver at fault—or mostly at fault—for the accident, there is no need to address the issue of fault when filing a claim against MedPay coverage. Contact us for assistance today.