Can You Sue Someone Personally After a Car Accident in Colorado?

When the insurance offer is far too low or the at-fault driver barely carried coverage, people want to know if they can go after the driver directly, and the short answer in Colorado is yes, you can, though it is rarely the first move and almost never the whole story. This post walks through how these claims actually work, when a personal lawsuit makes sense, and how to reach every dollar of coverage first. A Denver car accident lawyer at Boesen Law can map that full picture for you, backed by hundreds of millions of dollars recovered for injured Coloradans.

Insurance Pays First in a Colorado Car Accident Claim

When another driver hurts you, your claim is technically against that person, but in practice it is paid by their liability insurance. Colorado requires drivers to carry minimum liability coverage, and that policy funds most settlements and verdicts. The at-fault driver’s insurer steps in to defend them and to pay your damages up to the policy limits.

That is why naming a driver in a lawsuit does not usually mean money comes out of their pocket. It means the claim has moved into litigation, where the same insurer still defends and still pays, with a court overseeing the process. A lawsuit becomes the right tool when the insurer refuses a fair amount, disputes fault, or stalls a claim that should be straightforward. The value of that claim depends on documenting the full types of damages a personal injury claim can include, from medical bills and lost wages to pain and suffering.

For answers to your questions, call:
(303) 999-9999

When You Can Pursue the At-Fault Driver Personally

Going after a driver as an individual, with their own money potentially on the line, comes up in a few specific situations:

• The damages exceed the policy limits. If the driver carried a small policy and your injuries are serious, the coverage may not be enough, and your own underinsured motorist coverage can help close the gap.
• The driver had no insurance. An uninsured driver has no policy to pay you, so the person is the only direct target. This is also where your own coverage matters most, since Colorado treats these as uninsured motorist accidents under your own policy.
• The conduct was egregious. Drunk driving, street racing, or other willful and wanton behavior can support punitive damages in DUI car accidents and beyond, which a driver may be personally exposed to.

A judgment against a driver is only as good as what you can collect. If the driver has steady income, real estate, or other non-exempt assets, it can be enforced through tools like wage garnishment and liens within the limits Colorado law allows. If the driver has little, even a large judgment can be hard to collect, which is why a careful attorney weighs collectability before pursuing a personal claim.

Comparative Fault and the Deadline to File

Two rules shape every Colorado car accident case. Under the modified comparative negligence rule in C.R.S. § 13-21-111, you can recover as long as your share of fault stays below 50 percent, though your award is reduced by your percentage. Insurers lean on this rule to argue you were partly to blame.

You also have limited time. Most motor vehicle injury claims must be filed within three years of the crash under C.R.S. § 13-80-101. Miss that window and the right to sue is usually gone, no matter how strong the case was.

What a Case Like Yours Could Recover

Colorado roads stay dangerous, with more than 680 traffic deaths in 2024 according to Colorado Department of Transportation crash data and far more people left with injuries that outstrip a minimum policy. The real work is not deciding whether to sue a driver, it is reaching every source that can pay: the driver’s liability policy, an employer’s coverage if they were working, and your own uninsured and underinsured coverage, which in Colorado can sometimes stack. That approach is what produces results like the $525,000 Boesen Law recovered for a client T-boned by a driver who ran a red light, or the $475,000 for a client rear-ended in a crash that worsened a prior spinal condition. You can review our full case results to see the range of outcomes these claims can reach.

Contact a Colorado Car Accident Lawyer at Boesen Law

Deciding whether to pursue an at-fault driver personally is rarely the right first question. The better one is how much coverage is actually available, and that takes someone who will dig for every policy and litigate when an insurer will not deal fairly. Boesen Law is a boutique firm with big results, available 24 hours a day, 7 days a week, and you pay no attorney fee unless we recover compensation for you. To talk through your options, contact Boesen Law for a free, in-person consultation.

FAQs About Suing a Driver Personally After a Colorado Car Accident

Can I sue the other driver instead of dealing with their insurance company?

You can name the driver in a lawsuit, but their liability insurer still defends the case and pays any settlement or judgment up to the policy limits. Suing usually becomes necessary when the insurer will not offer a fair amount or disputes fault, not because you are trying to reach the driver’s personal money.

What if the at-fault driver has no insurance or no assets?

If the driver is uninsured, your own uninsured motorist coverage can pay for your injuries, lost wages, and pain. Pursuing the driver personally only helps if they have income or non-exempt assets a judgment can reach, so a lawyer evaluates collectability before going that route.

Will suing a driver personally get me more money?

Not by itself. A personal judgment is only valuable if it can be collected, and reaching layered insurance coverage usually recovers far more, far faster. In cases of drunk driving or other egregious conduct, a driver can face exemplary damages on top of compensatory ones.

How long do I have to sue after a car accident in Colorado?

Most motor vehicle injury claims must be filed within three years of the crash. In practice these personal injury time limits bite far sooner, because the evidence that proves your case can disappear within weeks.

Call (303) 999-9999 or complete a Free Case Evaluation form