What to Do if You’re in a Car Accident Without Insurance But Not at Fault in Colorado

If you don’t have car insurance in Colorado and get into an accident, you could get your driver’s license suspended—even if the accident wasn’t your fault.
Written by Amber Reed
Reviewed by Kathleen Flear
background
If you’re involved in a traffic accident in Colorado but don’t have car insurance, you can still file a claim with the other driver’s insurance company as long as the accident wasn’t your fault. You’ll still face the consequences of
driving without car insurance
, however, which can range from large fines and a suspended driver’s license to jail time.
Car accidents can be a major hassle. Even if you didn’t cause the accident yourself, dealing with the resulting injuries and car repairs can take up a lot of your valuable time—but what do you do if you don’t have car insurance coverage? 
In this guide from
Jerry
, we’ll talk you through how to claim damages after a car accident in Colorado and give you a rundown of the penalties you might face for driving without insurance. Finally, we’ll show you how to use our
insurance shopping super app
to find cheap
Colorado car insurance
.
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What to do if you’re in a car accident without insurance in Colorado and not at fault

It’s illegal to drive without car insurance in Colorado—and getting into a traffic accident while uninsured can result in serious legal trouble. Here’s what you should do after a car accident in Colorado when you don’t have insurance coverage. 
If you’re tempted to leave the scene of the accident in order to avoid getting caught—don’t! You’ll have to face penalties for driving without car insurance, but the penalties for a Colorado hit-and-run are much, much worse. Whether or not you were at fault for the initial collision, leaving the scene of a crash can result in:
  • A $300 fine and up to 90 days in jail if the accident resulted in property damage.
  • A fine of up to $500,000 and up to six years in jail if the accident resulted in an injury.
  • A fine of up to $750,000 and up to 12 years in jail if the accident resulted in a death.
After a car accident in Colorado, the best course of action is to pull over, check for injuries, and call 911 if necessary. Then, talk to the other driver and exchange names, contact information, and insurance details. Finally, take photos of the accident to help insurance adjusters determine who was at fault.
If the crash wasn’t your fault, and the other driver has auto insurance, then you can file a claim with their insurance company—even if you don’t have your own coverage. But if the at-fault driver was also uninsured, then you’ll have to hire an attorney and file a lawsuit to try and receive monetary compensation for vehicle repairs, medical bills, lost wages, and other damages.

Who decides fault in a car accident in Colorado?

After responding to a traffic accident, law enforcement will fill out a report with the details of the accident, issue tickets, or make arrests if necessary. But no matter what happens at the scene of the crash, determining who was at fault is ultimately up to the insurance companies
If you believe that an accident was the other driver’s fault, you’ll be asked to provide evidence when you file a claim with their insurance company. Describing what happened can help, but you’ll be better served by taking pictures. Photographs are the best way to determine who should be held accountable for the other party’s expenses.

Do you need to report a car accident in Colorado? 

Yes—according to state law, any accident which results in injury, death, or property damage that exceeds $1,000 must be reported to law enforcement. You’re not required to call the police after a minor accident, but you still need to report the collision to the DMV within 60 days. To report an accident to the DMV, you can
fill out a report online
.

What if you’re at fault?

If it’s determined that you caused an accident in Colorado, you should be prepared to face more serious consequences. Because of the state’s
modified comparative negligence law
, you’ll be financially responsible for your portion of the other driver’s damages if you are deemed 50% negligent for the accident. 
If you don’t have insurance, the not-at-fault driver can file a lawsuit against you to recover damages. 

What if you’re hit by an uninsured driver in Colorado?

So what happens if you get into a car accident and the other driver was at fault, but they don’t have car insurance? In most cases, the only way to recoup damages in this scenario is to file a personal injury lawsuit and have an attorney argue your case in court.
However, if you don’t want to deal with a long and arduous legal process, you can protect yourself by purchasing
uninsured motorist coverage
, a type of car insurance that pays for your medical expenses if the other driver doesn’t carry sufficient
bodily injury liability
coverage or simply doesn’t have car insurance at all. 
While this optional coverage isn’t required, it’s a great way to protect yourself from the 16.3% of Colorado motorists who don’t meet the state’s minimum coverage requirements.
Other optional coverages to consider include
medical payments (MedPay) insurance
, which pays for doctor and hospital bills through your insurance policy, and
collision coverage
, which allows you to file a claim for vehicle repairs.

Penalties for driving without insurance in Colorado

As an uninsured driver in Colorado, you can still claim damages after an accident as long as you’re not at fault—but that doesn’t mean you're off the hook completely. Because driving without car insurance is considered a Class 1 misdemeanor, you’ll still face some legal penalties. 
According to
Colorado Statute 42-4-1409
, the minimum fine for driving without car insurance is $500 for a first offense. You’ll also get a license suspension (which will be lifted once you provide proof of insurance) and four points on your license. Finally, the court may sentence you to 40 hours of community service.
For a second offense, your license will be suspended for four months and the minimum fine is increased to $1,000—and in addition to community service, the court could choose to sentence you to up to one year in jail. Subsequent offenders incur a mandatory license suspension of eight months, and usually receive longer community service and/or jail sentences.
If you’re convicted of driving without insurance, Colorado law requires proof that you’ve met the state’s minimum coverage requirements. You can submit this proof to the DMV by filing an
SR-22 in Colorado
. Filing an SR-22 often leads to high-cost insurance premiums, and must remain on record for three years.
Unfortunately, there’s no way to avoid these penalties—the law is the law. The one exception is if you have insurance coverage, but were simply caught driving without proof of insurance. Once you submit proof of insurance, the court will usually reduce your penalty to a small fine, or even dismiss the charges entirely.
MORE: The penalties for using fake proof of insurance

Minimum required car insurance in Colorado

If you want to avoid the consequences of driving without car insurance, you’ll need to meet Colorado’s minimum car insurance requirements. According to state law, all motorists must carry the following auto insurance coverages:
Because these coverages only include a relatively low amount of liability insurance, they’re usually not enough to cover most expenses after an accident—but carrying car insurance (even if you only buy the minimum amount) protects you from an uninsured driving conviction. 
However, for drivers who want to get the most from their car insurance plan, experts recommend around $100,000 per person and $300,000 per accident for bodily injury liability, and $100,000 for property damage liability. In most cases, meeting those numbers means you’ll be fully protected after an at-fault accident. 
It’s also a good idea to consider optional coverages which help you pay for damage that happens to your car. For instance, collision coverage can help with car repair bills after an accident, while
comprehensive insurance
helps you deal with damage from hail, fire, or auto theft—all common issues in Colorado. 

Driving without insurance can increase premiums

Here’s one more reason why you should always carry car insurance: if you get caught driving while uninsured, it’ll cost more to insure your car later. Most insurance companies charge more to insure motorists with bad driving records than those with no tickets or traffic violations.

How to find cheap car insurance in Colorado

If you don’t have Colorado car insurance because of the price, we understand. Between loan payments, car repairs and maintenance, the cost of gas, and auto insurance, owning a car is expensive! But the steep penalties you’ll face after being caught without car insurance are even more expensive.
With a little help from
Jerry
, you can find affordable coverage—even if you’re working with a tight budget. As a
licensed broker
, the Jerry app finds the best (and the cheapest) policies across providers, gets you signed up for new coverage, and takes care of all the phone calls, paperwork, and renewals so that you don’t have to. On average, Jerry users save more than $800 a year on their
car insurance
.
“I was looking for a liability insurance plan for my truck until I can afford more coverage.
Jerry
made it simple to shop around for the best deal for me. Thank you!” —Jake L.
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