Key facts
- Duty to report a crash
- Immediately, if anyone is hurtColorado drivers must report a crash that injures or kills someone to the police right away.C.R.S. § 42-4-1606
- Deadline to sue (vehicle crash)
- 3 yearsIn Colorado you generally have 3 years from the date of a car, truck or motorcycle crash to file an injury lawsuit.C.R.S. § 13-80-101(1)(n)
- Uninsured/underinsured motorist coverage
- On your policy unless you rejected it in writingColorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, and your policy includes it unless you turned it down in writing.C.R.S. § 10-4-609
What should I do first at the scene?
Check yourself and everyone else for injuries, and call 911 if anyone is hurt. Do not move someone with a possible neck or back injury unless they are in danger. If the cars can be driven and it is safe, move them out of traffic. Turn on your hazard lights so other drivers see you, especially in snow, rain or at night.
Do I have to report the crash?
If anyone is injured or killed, yes. Colorado drivers must report a crash that injures or kills someone to the police right away. (C.R.S. § 42-4-1606). Even when you are not required to, a police report gives an outside account of what happened, which helps if the other driver later changes their story. Ask the officer how to get a copy.
What information should I exchange?
Names, contact details, insurance information and vehicle details.
- Full name, phone number and address of each driver
- Insurance company and policy number
- Make, model, color and license plate of each vehicle
- Names and phone numbers of passengers and witnesses
Keep the conversation short and polite. Do not argue about fault.
How do I document the accident?
Take more photos than you think you need. Show the position of the cars, the damage, skid marks, road signs, signals and the weather. Photograph any visible injuries. If witnesses are around, ask for their contact information. Later that day, write down what you remember: the time, the route, what you saw and heard. Memory fades fast.
Should I see a doctor if I feel fine?
Yes, as soon as you can. Adrenaline can hide pain, and injuries like whiplash and concussions may not show up for hours or days. A doctor’s visit protects your health and creates a record linking your symptoms to the crash. Gaps in treatment give insurers a reason to argue your injuries were not that serious.
What do I say to the insurance companies?
Report the crash to your own insurer, but be careful with everyone else. Give your name, the date and place, and the basic facts. Don’t guess about fault or about your injuries, and don’t give a recorded statement to the other driver’s insurer before you have talked to a lawyer. Adjusters may sound friendly, but their job is to limit what the company pays.
If the other driver was uninsured, your own policy may include uninsured and underinsured motorist coverage. Colorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, and your policy includes it unless you turned it down in writing.
How long do I have to file a claim?
There is a firm deadline for a lawsuit, so do not let time slip away. In Colorado you generally have 3 years from the date of a car, truck or motorcycle crash to file an injury lawsuit. If a government vehicle was involved, written notice is due much sooner: within 182 days (C.R.S. § 24-10-109).
When should I talk to a lawyer?
As early as you can, and before you accept any offer. A lawyer can deal with the insurers, collect your records and explain your options while you heal. See how a case works and what it costs. Talk to us for a free case review.
Related questions
Do I have to call the police after a crash?
If anyone is hurt or killed, Colorado requires you to report it right away. Even for a minor crash, a police report is useful evidence.
Should I tell my insurance company?
Yes, report the crash soon. You can give the basic facts without a long recorded statement, and it is wise to talk with a lawyer first.
What if the other driver has no insurance?
Your own uninsured or underinsured motorist coverage may help. Check your policy and keep it handy.
