Rule Hub · DrivingUS requirements, state by state

Is Colorado an At-Fault or No-Fault State?

No — Colorado is an at-fault (tort) state, not a no-fault state.

Fault system
At-fault (tort)

Colorado was a no-fault state from 1974 until July 1, 2003. The Colorado Auto Accident Reparations Act expired that day under its own sunset clause (C.R.S. § 10-4-726, set by the 2002 legislature), and House Bill 03-1188 started the compulsory liability scheme that replaced it on the same date. The at-fault driver and their liability insurer pay. Sources that still call Colorado a no-fault state, or quote Colorado PIP benefits, are describing a law repealed more than twenty years ago.

Comparative negligence rule
Modified comparative — 50% bar

You recover only if your own negligence "was not as great as" that of the party you are suing — 49% or less. Your damages are then cut by your share of fault (§ 13-21-111).

How Colorado compares with every other state

What the fault rule decides

In an at-fault state the driver who caused the crash — through their liability insurer — pays for the harm. That is the arrangement in 38 of the 51 jurisdictions on this site, so it is the one most US advice assumes. The practical consequence is that your recovery depends on two things you do not control: how much liability cover the other driver bought, and what share of the blame you are assigned.

Modified comparative fault turns the case into a percentage. On a hypothetical $100,000 of damages — arithmetic, not a figure from Colorado law — being 20% to blame leaves you $80,000, and being 40% to blame leaves you $60,000. Cross the line at 50% and the award is not reduced, it is gone. 10 of the 50 jurisdictions on this site draw the line in the same place, and the whole dispute after a serious crash tends to be about which side of it you land on.

Every statute cited for Colorado

What changed

Why the rule looks like this

More on Colorado

Checked against the primary sources above on September 27, 2026. If a figure here is wrong, tell us and we will fix it — what we have corrected so far is public.