Legislative Update: New Personal Injury Law for 2020

Several new Colorado laws go into effect today, January 1, 2020. One of which is going to greatly impact Colorado personal injury automobile cases. That is because Auto Insurance Companies will now have to disclose details about their insured’s auto policy to potential claimants.

New 2020 Law

The Colorado legislature enacted new statute C.R.S. § 10-3-1117, to help “Colorado residents evaluate whether their uninsured or underinsured motorist coverage will be triggered.” This means that people with a claim for being in an accident can now get the opposing driver’s insurance policy without having first to file a law suit.

The statute requires automobile insurance or commercial insurers to provide a copy of the insurance policy declarations to the requesting party within 30 days after receiving a written request for the policy. If the request is received from a third-party claimant or his attorney, subsection (2)(a) requires the insurer to provide within 30 days a statement that includes:

1) The name of the insurer;

2) The name of each insured party, as it appears on the declarations page;

3) The limits of the liability coverage; and

4) A complete copy of the insurance policy, including endorsements.

If insurance companies do not comply within 30 days of receipt of the request, they will have to pay a $100 a day penalty until compliance is met, and they will owe attorney’s fees and costs to collect. 

How To Request Insurance Disclosures

The Colorado Division of Insurance has provided a mechanism for how to request the auto limits. 

The Automobile Insurance Policy Information Request Form can be found here. 

To submit their form, you must

1. Find the opposing party’s insurance information,

2. Find out who the registered agent of the insurance company is,

3. Fill out the applicable insurance request form and submit it to dora_doi_autoliabilitylimits@state.co.us,

4. Wait 30 days after receipt for compliance.

This new law is set to have a significant effect on people who are injured in an automobile accident. This information will help inform you as to the best strategy moving forward with their claims. 

If you’ve been injured in a car accident or would like more information about the new law C.R.S. § 10-3-1117, please contact the attorneys at Kalamaya | Goscha.