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The actual cash value is only part of a fair total-loss payout. Sales tax, title, and registration fees are often owed too — and often left off the first offer.

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Dawn J.Conduit Law not only helped me through the process, they cared about me as a human.
Crystal H.Wonderful Attorneys! Very communicative, personable, and reliable.
Jalen K.Jon and Elliot made things easy for me after my accident.
Scott W.The greatest experience — they made a full recovery from my injury.
Zuri L.They handled my case with expertise and delivered beyond expectations.
Dawn J.Conduit Law not only helped me through the process, they cared about me as a human.
Crystal H.Wonderful Attorneys! Very communicative, personable, and reliable.
Jalen K.Jon and Elliot made things easy for me after my accident.
Scott W.The greatest experience — they made a full recovery from my injury.
Zuri L.They handled my case with expertise and delivered beyond expectations.
$1,550,000M.S. — MVA with a commercial tree-trimming vehicle — 2025
$1,000,000J.D. — DoorDash MVA wrongful death — 2024
$450,000S.S. — Colorado MVA — 2026
$397,908.58H.P. — Colorado rear-end MVA — 2025
$330,000D.C. — Colorado MVA, passenger — 2026
$250,000C.T. — Kansas MVA hit-and-run (UIM) wrongful death — 2025
$250,000C.A. — Premises liability incident — 2023
$50,000L.C. — motorcycle accident — 2024
$25,000K.R. — motorcycle MVA — 2024
$1,550,000M.S. — MVA with a commercial tree-trimming vehicle — 2025
$1,000,000J.D. — DoorDash MVA wrongful death — 2024
$450,000S.S. — Colorado MVA — 2026
$397,908.58H.P. — Colorado rear-end MVA — 2025
$330,000D.C. — Colorado MVA, passenger — 2026
$250,000C.T. — Kansas MVA hit-and-run (UIM) wrongful death — 2025
$250,000C.A. — Premises liability incident — 2023
$50,000L.C. — motorcycle accident — 2024
$25,000K.R. — motorcycle MVA — 2024
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10+Years Experience
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Licensed in CO, KS, AZ & CA
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What a fair total-loss payout often includes beyond ACV — sales tax, title, and registration fees — and how to claim it. $50M+ recovered for clients.

The Quick Takeaways

  • The payout is more than ACV. A fair settlement commonly includes sales tax on the replacement value, plus title and registration fees.
  • Add-ons get left off. These items are frequently missing from the insurer's first offer.
  • It varies. Whether and how they are owed depends on your state and policy.
  • You usually have to ask. The full payout, not just the ACV, should be on the table — in writing.

Beyond ACV: What Else You Are Owed

When your car is declared a total loss, the headline number on the offer is the actual cash value (ACV) of the vehicle. But a fair settlement is often more than that. Depending on your state and your policy, a complete payout can also include:

  • Sales tax on the replacement value;
  • Title and registration fees; and
  • Sometimes prorated tags or related charges.

Whether and how much of this you are owed varies by state and policy — so the goal is to make sure the full payout, not just the ACV, is on the table.

Sales Tax on a Total Loss

When your vehicle is totaled, you will typically go out and buy a replacement — and pay sales tax on that purchase. In many states and policies, the insurer owes sales tax on the replacement value as part of a fair total-loss settlement.

How sales tax is handled varies by state and by policy — both whether it is owed and how it is calculated. We do not assume a rate for your situation; the right move is to confirm what your state and your specific policy provide, then make sure it is reflected in the payout.

Title and Registration Fees

Sales tax usually is not the only add-on. Putting a replacement vehicle on the road also means paying to title and register it, and a fair payout often accounts for those costs — and sometimes for prorated registration or tags. As with sales tax, exactly what is owed here varies by state and policy, so it is worth confirming yours rather than assuming.

Licensed-State Tax & Fee Map

The strongest request is specific: cite your state's tax and title source, ask which line items are included, and require a written explanation for anything omitted from the offer.

StateOfficial starting pointSettlement lines to check
ColoradoColorado DMV taxes and fees resourcesSales/use tax treatment, title fee, registration/plate transfer, and any county-specific add-ons that affect replacement cost.
CaliforniaCalifornia CDTFA sales/use tax resources and California DMV registration feesSales/use tax, title/registration charges, and whether the insurer requires replacement proof before reimbursing a line item.
ArizonaArizona MVD registration resourcesVehicle license tax/registration, title charges, and how the carrier calculated taxes or replacement-related charges.
KansasKansas title and registration resourcesSales tax, title fee, registration/tag treatment, and any omitted fee the insurer says is not part of the ACV settlement.

How to Claim What You Are Owed

Sales tax and fees are commonly left off the insurer's first offer. That does not necessarily mean anyone is acting in bad faith — but it does mean you usually have to ask for them, in writing, and reference your state and policy when you do.

Tax and fees are separate from the ACV figure itself. If the underlying value also looks low, that is its own issue you can dispute the total loss offer over — and you can press for the full actual cash value at the same time.

Before You Sign the Release

Line itemWhat to ask for
Sales taxWhether tax is owed on the ACV, replacement cost, or after replacement proof.
Title feeThe cost to title the replacement vehicle in your state.
Registration / tagsTransfer, registration, and any prorated tag credit your state or policy recognizes.
DocumentationA written explanation if the insurer says any tax or fee is not included.

Personal Injury Laws by State — Colorado, Arizona, California & Kansas

Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111, barring recovery if the plaintiff is 50% or more at fault and reducing damages by the plaintiff's fault percentage. Most injury claims: 2 years from the date of injury. Auto collisions: 3 years from the date of crash. Arizona applies pure comparative negligence under A.R.S. § 12-2505, allowing recovery regardless of the plaintiff's fault percentage — even a plaintiff 99% at fault can recover 1% of damages. Arizona's statute of limitations is two years under A.R.S. § 12-542. California also follows pure comparative negligence under CCP § 1431.2, with a two-year filing deadline per CCP § 335.1. Kansas mirrors Colorado's approach with a modified comparative negligence threshold of 50% under K.S.A. § 60-258a, but allows only a two-year filing window under K.S.A. § 60-513. These differences significantly impact case strategy — a plaintiff 55% at fault recovers nothing in Colorado or Kansas but retains a reduced claim in Arizona and California.

Common Questions

Do I get sales tax on a totaled car?

In many states and policies, the insurer owes sales tax on the replacement value as part of a fair total-loss payout. Whether and how it is owed varies by state and policy, so confirm your state and your specific policy.

What fees are owed besides the ACV?

Often title and registration fees, and sometimes prorated tags. What is owed varies by state and policy, so it is worth confirming the specific line items rather than assuming.

Why weren't taxes and fees in my offer?

Tax and fees are commonly left off the first offer. That does not necessarily signal bad faith, but you usually have to ask for them, in writing, and reference your state and policy when you do.

How much are the add-ons worth?

Frequently hundreds to over a thousand dollars, separate from any dispute over the ACV itself. The exact amount varies by state, policy, and vehicle.
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Colorado Crash Reality · 2024

By the Numbers

Behind each of these numbers is a person and a family whose year changed in an instant. We keep them in front of us because understanding how and where Colorado crashes happen is part of building a stronger case — and part of staying safer on the roads you drive every day.

684
people killed on Colorado roads
down ~5% from 2023
162
motorcyclists killed
up 23% over 2023
237
lives lost to speeding
210
deaths involving an impaired driver
39,345people died on U.S. roads in 2024 (NHTSA estimate)

Source: Colorado Department of Transportation (CDOT), 2024; NHTSA, 2024. Figures reflect the most recent full-year data published at the time of writing.

Injury Law at a Glance — CO, CA, AZ & KS

Three things shape almost every injury claim: how long you have to file, how fault is divided, and what the law lets you recover. They differ by state — here is where the four states we practice in stand.

Colorado

This page
Deadline to file
3 years
C.R.S. § 13-80-101 (motor-vehicle injury)
Fault rule
Modified (50% bar)
You can recover only if you were less than 50% at fault; your award is reduced by your share.
C.R.S. § 13-21-111
Damage caps
Non-economic damages capped
$1.5M for general injury claims accruing on or after Jan. 1, 2025; medical malpractice is capped separately and lower; re-indexed for inflation starting 2028.
C.R.S. § 13-21-102.5 (HB 24-1472)

California

Deadline to file
2 years
Cal. Code Civ. Proc. § 335.1
Fault rule
Pure comparative
You can recover even if you were mostly at fault; your award is reduced by your percentage of fault.
Li v. Yellow Cab Co. (1975)
Damage caps
No general cap
No cap on damages in ordinary injury cases. Medical-malpractice non-economic damages are limited by statute and increase each year.
Cal. Civ. Code § 3333.2

Arizona

Deadline to file
2 years
A.R.S. § 12-542
Fault rule
Pure comparative
You can recover even if you were mostly at fault; your award is reduced by your percentage of fault.
A.R.S. § 12-2505
Damage caps
No damage caps
Damage caps are prohibited by the Arizona Constitution.
Ariz. Const. art. 2, § 31

Kansas

Deadline to file
2 years
K.S.A. § 60-513
Fault rule
Modified (50% bar)
You can recover only if you were less than 50% at fault; your award is reduced by your share.
K.S.A. § 60-258a
Damage caps
Injury: no cap
No cap on non-economic damages in injury cases (Hilburn v. Enerpipe, 2019). Wrongful-death nonpecuniary damages are capped at $250,000.
K.S.A. § 60-1903 (wrongful death)

General information, not legal advice — and deadlines can be shorter for claims against government entities or in special circumstances. Laws change; confirm the deadline that applies to your case with an attorney before relying on it.