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No. Colorado is not a no-fault state. It is an at-fault (tort) state. The driver who caused the crash — and that driver's liability insurance — pays for injuries, lost wages, and vehicle damage. You do not first run bills through your own PIP. Colorado replaced no-fault with required liability coverage effective July 1, 2003.[1]C.R.S. § 10-4-620. Required coverage is legal liability (25/50/15), not personal injury protection — the current at-fault / tort auto system, effective July 1,
Key Takeaways
- Colorado is at-fault / tort, not no-fault PIP.[1][2]C.R.S. § 10-4-619. Coverage compulsory — owners who operate on public highways must carry a complying liability policy. https://law.justia.com/codes/colorado/ti
- A complying policy's required coverage is bodily-injury and property-damage liability at 25/50/15, not first-party no-fault benefits.[1]
- MedPay is optional first-party medical coverage. It is not a no-fault system and not a substitute for the at-fault driver's BI.[3]C.R.S. § 10-4-635. Medical payments coverage — optional first-party medical benefits, not no-fault PIP. https://law.justia.com/codes/colorado/title-10/property-
- You can be partly at fault and still recover under modified comparative negligence, unless you are 50% or more at fault.[4]C.R.S. § 13-21-111. Modified comparative negligence — the at-fault system still reduces or bars recovery by the injured person's share of fault. https://law.jus
- Motor-vehicle injury lawsuits are generally due in three years.[5]C.R.S. § 13-80-101(1)(n). Three-year limitation for motor-vehicle injury and property-damage torts. https://law.justia.com/codes/colorado/title-13/limitation-of
How Colorado's at-fault system works
In a true no-fault state, your own Personal Injury Protection (PIP) typically pays your medical bills and some lost income regardless of who caused the crash, and you may be barred from suing for pain and suffering unless you clear an injury threshold. Colorado does not use that model.
Here, you prove the other driver was negligent and that the negligence caused your harm. The claim is against that driver and their liability insurer.[1][2] Pain and suffering is not locked behind a PIP threshold. Fault still matters: Colorado's comparative-negligence statute reduces the award by your percentage and bars recovery at 50% or more.[4]
Colorado crash counts and injury trends live on the Colorado car accident statistics page. The legal system those crashes run through is tort, not no-fault.
At-fault vs. no-fault vs. MedPay
| Question | True no-fault state | Colorado (at-fault) |
|---|---|---|
| Who pays your medical bills first? | Your own PIP, regardless of fault | The at-fault driver's bodily injury liability[1] |
| Must you prove fault? | Often no, for basic PIP benefits | Yes — negligence and causation |
| Pain and suffering? | Usually only after an injury threshold | Available in the tort claim; reduced if you share fault[4] |
| What is required on the auto policy? | PIP plus varying liability rules | Liability at 25/50/15; UM/UIM and MedPay are offered, not PIP[1][3] |
Colorado's current compulsory-insurance statutes — C.R.S. §§ 10-4-619 and 10-4-620 — took effect July 1, 2003. The required coverage they describe is legal liability, not the former no-fault PIP package.[1][2] That is the statutory proof that Colorado is an at-fault state today.
Worked example
Hypothetical. Another driver runs a red light in Aurora and breaks your wrist. In a no-fault state you might send the ER bill to your own PIP first and wait to see whether the injury clears a lawsuit threshold. In Colorado you claim against the at-fault driver's BI. If that driver has 25/50 limits and your losses exceed $25,000, you look next to your UIM, not to a PIP file.[1]
If the same crash is scored with you 20% at fault for entering the intersection early, you still recover — reduced by 20% — because 20% is less than 80%.[4] If it is scored 50/50, you recover nothing, even though Colorado is “at-fault” rather than no-fault. At-fault does not mean the other driver automatically pays 100%.
Full minimums, UM/UIM, and optional coverages are in auto insurance requirements in Colorado.
What people get wrong
The myth: “Colorado is no-fault, or MedPay makes it no-fault.” MedPay pays reasonable medical expenses up to a chosen limit and can apply regardless of fault, but it is a rejectable add-on, defaulting to a $5,000 offer unless declined in writing — not PIP, and not a bar on suing the at-fault driver.[3] The other leftover myth is from before July 1, 2003, when Colorado did run a no-fault (Auto Accident Reparations) system. The required coverage now is liability.[1]
Frequently Asked Questions
Is Colorado a no-fault or at-fault state?
At-fault. Required auto coverage is liability (25/50/15), not PIP.[1][2] You claim against the driver who caused the crash, subject to comparative negligence.[4]
Does MedPay mean Colorado is still no-fault?
No. MedPay is first-party medical payments coverage that insurers must offer and that you may reject in writing.[3] It does not replace the at-fault driver's liability and does not recreate PIP.
Can I sue for pain and suffering after a Colorado crash?
Yes. There is no no-fault injury threshold. Your recovery is still reduced by your share of fault and barred at 50% or more.[4]
How long do I have to file a car accident case?
Generally three years after the motor-vehicle claim accrues.[5] Other injury types can be shorter. See the statute of limitations.
What if I was partly at fault?
You can still recover if your fault is less than the other party's. At 50% or more, you recover nothing.[4] That is comparative negligence inside an at-fault system, not no-fault.
Bottom Line
Colorado is at-fault, not no-fault. The person who caused the crash is the one whose bodily injury liability should respond; MedPay is not PIP.[1][3] Fault percentages still decide whether you collect, and how much.[4] For the filing clock and the steps after a crash, see the statute of limitations and the claim process. For a free consult, call (720) 432-7032.
Article Sources
- C.R.S. § 10-4-620. Required coverage is legal liability (25/50/15), not personal injury protection — the current at-fault / tort auto system, effective July 1, 2003. https://law.justia.com/codes/colorado/title-10/property-and-casualty-insurance/article-4/part-6/section-10-4-620/. Accessed September 8, 2026. ↩
- C.R.S. § 10-4-619. Coverage compulsory — owners who operate on public highways must carry a complying liability policy. https://law.justia.com/codes/colorado/title-10/property-and-casualty-insurance/article-4/part-6/section-10-4-619/. Accessed September 8, 2026. ↩
- C.R.S. § 10-4-635. Medical payments coverage — optional first-party medical benefits, not no-fault PIP. https://law.justia.com/codes/colorado/title-10/property-and-casualty-insurance/article-4/part-6/section-10-4-635/. Accessed September 8, 2026. ↩
- C.R.S. § 13-21-111. Modified comparative negligence — the at-fault system still reduces or bars recovery by the injured person's share of fault. https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-111/. Accessed September 8, 2026. ↩
- C.R.S. § 13-80-101(1)(n). Three-year limitation for motor-vehicle injury and property-damage torts. https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-101/. Accessed September 8, 2026. ↩
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is unique — consult a qualified Colorado attorney about your situation.
Written by
Elliot Singer, Esq.
Personal injury attorney at Conduit Law, dedicated to helping Colorado accident victims get the compensation they deserve.
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