If you’re an out-of-state driver and got into a car accident while visiting Colorado, we can help. Colorado law will apply and we can help guide you. If a crash happens, it’s important to understand how Colorado law affects your case, especially if you don’t live here.
Below, at Denver Personal Injour team ury Lawyers® explains how these situations work, what to expect from Colorado’s laws, and how to protect your rights after a car accident far from home.
Why Being an Out-of-State Driver in Colorado Isn’t as Complicated as It Seems
Colorado law provides a clear process for resolving out-of-state car accidents. In fact, your rights are well protected—even if you’re just visiting.
Our team regularly helps visitors from across the country file successful claims here. With the right guidance, you can recover the full compensation you deserve, no matter where you’re from.
Questions often come up, like:
- Whose insurance pays first?
- Will your policy cover all damages?
- Will your home state’s rules affect your underinsured motorist (UIM) benefits?
The good news? You don’t have to figure it out alone. A skilled Denver car accident attorney can help you understand how your coverage works and make sure no money is left on the table.
What Insurance Applies After a Crash in Colorado?
If the Colorado driver is found at fault, their insurance will typically be the first to pay. But you may also need to use your own policy—especially if:
- Their coverage limits are too low
- Your injuries are extensive
- You carry Medical Payments (MedPay) or Uninsured/Underinsured Motorist (UM/UIM) coverage
- You are from a PIP state- Personal Injury Protection
How UIM Coverage Works in Multi-State Accidents
If the at-fault driver is from Colorado and does not have any insurance or enough insurance, we will look at your own insurance policy. We will be looking for Underinsured/Uninsured Motorist Coverage.
Every state has its own rules about how UIM works. Our team can help you figure out whether your home policy adds to your total compensation—or subtracts from it.
What If Your Home-State Coverage Is Different?
Many states have different rules when it comes to coverage. Some don’t even require bodily injury liability. Others follow something called a UIM offset rule, which can reduce how much you’re able to recover after an accident.
Example: How UIM Offset Works
Let’s say:
- You recover $25,000 from the at-fault Colorado driver
- You have $50,000 in UIM from your home-state policy
In offset states, your payout might be reduced to $25,000 extra.
Offset States (UIM reduced by at-fault driver’s payment):
- Michigan
- New York
- New Jersey
- Virginia
- Pennsylvania
- Minnesota
Supplement States (UIM adds to at-fault driver’s payment):
- Florida
- Texas
- Illinois
- California
- Colorado
Not sure which rules your state follows? Our Denver car accident attorneys can review your policy and help avoid unfair reductions.
What Damages Can You Recover?
As an out-of-state driver injured in Colorado, you have the same legal rights as a resident. Here are common types of compensation available:
Medical Expenses
- ER visits, surgery, prescriptions, and long-term care
- Colorado allows full recovery for both current and future medical needs
Lost Wages
- Covers missed income from time off work
- Also applies if your ability to work has been permanently affected
Pain and Suffering
- Includes physical pain, emotional distress, and mental trauma
- Calculated based on the severity and duration of your injuries
Property Damage
- Covers vehicle repairs or replacement
- Includes personal property (laptops, phones, etc.)
Loss of Enjoyment of Life
- If your injuries limit hobbies or daily activities, you can recover for that loss
Permanent Disability or Disfigurement
- Compensation for long-term changes to your life, appearance, or mobility
How Colorado Determines Fault
Colorado uses a modified comparative fault system. Here’s how it works:
- You can recover compensation if you’re less than 50% at fault
- If you’re 50% or more at fault, you may not recover anything
- Your payout is reduced based on your percentage of fault
Example:
If your damages total $100,000, and you’re found 10% at fault, you’d still recover $90,000.
What To Do If You’re in a Crash in Colorado
If you’re visiting Colorado and get into an accident, follow these steps:
- Call 911 – Always report the accident to police
- Get Medical Help – Even minor injuries can worsen later
- Exchange Information – Gather names, numbers, insurance, and license plate numbers
- Take Photos – Document vehicle damage, injuries, road signs, and the scene
- Avoid Discussing Fault – Stay calm and stick to the facts
- Contact a Denver Car Accident Attorney – Let them handle the legal side
Hypothetical Examples of Out-of-State Claims
Case 1: Michigan Visitor With UIM Offset
A visitor from Michigan was hit by a speeding driver near Boulder. The at-fault driver’s policy paid $25,000. Our client had $50,000 in UIM. Because Michigan offsets UIM benefits, their insurer tried to reduce the UIM payout to $25,000.
We pushed back using Colorado law. The insurer settled for the full amount.
Case 2: Florida Tourist With Stacking Coverage
A tourist from Florida was rear-ended in Denver. The at-fault driver paid $50,000. Her Florida UIM added another $100,000—because Florida allows stacking. With our help, she got the full $150,000.
Frequently Asked Questions
Q: Will Colorado law apply to my claim?
A: Yes. Since the accident happened in Colorado, Colorado’s laws govern the case—even if you’re from another state.
Q: What if the other driver is uninsured?
A: Your UIM coverage can help. Colorado requires insurance companies to offer it unless you decline it in writing.
Q: Will I need to come back to Colorado for my case?
A: Usually not. Most claims settle without a court appearance. We’ll handle most of the work remotely.
Q: Can I use my doctor at home?
A: Yes. But we recommend seeing a local doctor first for documentation. After that, continue your care back home.
Why Expert Guidance From a Denver Car Accident Attorney Matters
Handling a legal claim in a state you don’t live in can seem overwhelming—but you don’t have to do it alone. Our experienced attorneys at Denver Personal Injury Lawyers® know how to guide out-of-state drivers through Colorado’s legal system. We’ve helped hundreds of visitors get fair compensation after unexpected accidents on Colorado roads.
When insurance companies try to shift blame or minimize your claim, we’re there to push back. We’ll review both your insurance policy and the Colorado driver’s policy to make sure no coverage is missed. Many out-of-state drivers don’t realize they have access to benefits like MedPay or underinsured motorist (UIM) coverage—until we help them find it.
We also understand how different states handle insurance rules, especially when it comes to UIM offsets or supplemental payouts. That knowledge can make or break your case.
While you focus on healing and getting home, we’ll:
- Gather and organize your medical records
- Handle all paperwork and insurance communication
- Identify the maximum compensation available under both policies
- Coordinate care and legal filings without requiring you to return to Colorado
Contact Denver Personal Injury Lawyers® Today
Your case deserves personal attention and experienced representation. At Denver Personal Injury Lawyers®, we make it easy to get started.
- Free consultations
- No legal fees unless we win your case
- Clear communication from day one
Let us handle the legal work so you can move forward. Schedule your consultation today and see why so many out-of-state drivers trust our team.
