A 2026 Guide to Car Insurance Claims After a Pedestrian Accident in Colorado

The flashing lights of an ambulance at an intersection are an all-too-common sight on Colorado’s roads, often signaling a collision involving a pedestrian. This scenario is becoming alarmingly frequent; in 2023, 136 pedestrians were killed on state roads, double the number from a decade prior.

For a driver involved in such an incident, the moments that follow are filled with confusion, stress, and concern. This guide is designed to cut through that uncertainty, providing an authoritative walkthrough of the critical insurance claim process. It serves as an indispensable resource for drivers, helping them understand their responsibilities and how their insurance policy will respond in the aftermath of a pedestrian collision.

The First Critical Moments: Steps to Take at the Scene

Your actions immediately following an accident with a pedestrian are dictated by state law and have a significant impact on the outcome of any future insurance claim. Remaining calm and following a methodical approach ensures safety, legal compliance, and the preservation of crucial information. The primary objective is to secure the scene and get medical help for anyone who is injured, as pedestrian accidents often result in serious or even life-threatening injuries.

Prioritize Safety and Emergency Services

The single most important action is to stop your vehicle immediately, secure the scene to prevent further accidents, and call 911. Colorado law requires drivers to stop and render aid. Inform the dispatcher about the location and the potential for injuries, which can be severe even in low-speed impacts.

Request both police and emergency medical services. Immediate medical attention is vital for the injured person and officially documents the extent of their injuries, which becomes a key piece of evidence for the insurance claim.

Reporting the Incident and Exchanging Information

A formal police report is a non-negotiable component of the insurance claims process. It provides an objective, third-party account of the incident that insurers rely on to begin their investigation. When the police arrive, cooperate fully and provide a factual, concise statement of what happened.

You are required to exchange your name, address, vehicle registration, and insurance information with the pedestrian. Crucially, you should avoid admitting fault or apologizing, as these statements can be interpreted as an admission of liability. Limit your discussion of the accident details to law enforcement only.

Documenting the Scene for Your Claim

While waiting for emergency services, if it is safe to do so, gathering your own evidence can be invaluable for your insurance claim. Your insurer will need as much detail as possible to understand the context of the accident and determine liability. Follow this checklist to ensure you capture the most important information:

1. Take Comprehensive Photos: Use your smartphone to capture images from multiple angles. Photograph the damage to your vehicle, the pedestrian’s location relative to the road and any crosswalks, traffic signals or signs, skid marks, road conditions, and the broader surrounding area.
2. Record Key Details: Note the exact time, date, and weather conditions. This is particularly important, as a staggering 77% of pedestrian fatalities in Colorado in 2023 occurred at night or in low-light conditions. These details help build a complete picture of the circumstances.
3. Gather Witness Information: If any bystanders saw the collision, ask for their names and contact information. Witness statements can be pivotal in clarifying the sequence of events and determining fault.
4. Write Down Your Account: As soon as you have a quiet moment after the initial shock, write down everything you remember about the moments leading up to the accident. Record details like your speed, your direction of travel, and what you saw and did. Your memory is freshest immediately following the event.

Decoding Your Auto Policy: Liability, MedPay, and Premium Impacts

After the immediate crisis at the scene has passed, the focus shifts to the insurance claim. Understanding which parts of your auto policy apply and how they function is essential for navigating the process. In Colorado, two primary coverages typically come into play after an accident with a pedestrian: Bodily Injury Liability and Medical Payments (MedPay).

The Role of Bodily Injury Liability Coverage

Your Bodily Injury Liability coverage is the core of your policy’s response if you are found to be at fault for the accident. This coverage is designed to pay for the other party’s damages, not your own.

It covers a wide range of costs incurred by the injured pedestrian, including their hospital bills, ongoing rehabilitation, prescription medications, lost wages from being unable to work, and compensation for non-economic damages like pain and suffering. The amount your insurer will pay is limited to the maximums you selected for your policy, highlighting the importance of carrying sufficient coverage.

Understanding Colorado’s Medical Payments (MedPay) Coverage

Colorado is unique in that it requires insurers to offer MedPay coverage, though drivers can opt out in writing. This is a form of no-fault insurance, meaning it pays out for medical expenses regardless of who was responsible for the accident. If a pedestrian is injured, your MedPay coverage can be used to pay for their initial medical bills up to your policy limit, often starting at $5,000.

This can be extremely beneficial, as it provides immediate funds for treatment while the more complex question of liability is being investigated, potentially de-escalating the situation.

Key Differences in Coverage

It is important to understand the distinct roles these coverages play in a pedestrian accident claim. Liability coverage is fault-based and covers a broad range of damages, while MedPay is no-fault and specifically for medical bills. The table below clarifies these distinctions.

When to Seek Legal Counsel: Navigating Complex Liability Claims

While many insurance claims can be handled directly with your provider, certain situations introduce complexities that warrant professional legal advice. Disagreements over fault, severe injuries, or the risk of a lawsuit can quickly become overwhelming for a driver to manage alone. Understanding these scenarios is key to protecting your financial future.

Disputed Fault and Colorado’s Negligence Laws

Liability in a pedestrian accident is not always automatically assigned to the driver. Pedestrians also have a duty to exercise reasonable care, and their actions can contribute to a collision. For instance, a pedestrian may be found partially at fault for jaywalking or crossing against a signal. Colorado operates under a modified comparative negligence rule.

This legal doctrine states that an injured party can only recover damages if their share of the fault is less than 50%. If a pedestrian is found to be 50% or more responsible for the accident, they are barred from recovering any compensation from the driver’s insurance.

The Risk of Insufficient Coverage and Severe Injuries

One of the greatest financial risks for a driver is when the pedestrian’s damages exceed the limits of their liability coverage. Pedestrian accidents can unfortunately result in catastrophic injuries or fatalities, leading to medical bills and other losses that can easily surpass minimum policy limits.

When this happens, the driver can be sued personally for the remaining amount, putting their home, savings, and other assets at risk. This exposure underscores the importance of carrying liability limits well above the state-mandated minimums.

In situations where liability is contested or the pedestrian’s injuries are severe, navigating the insurance claim alone can be overwhelming. Insurance companies may pressure drivers into statements that could be misinterpreted, or the complexities of Colorado’s traffic and negligence laws can put a driver at a significant disadvantage. This is where the expertise of a specialized legal team becomes invaluable.

An experienced attorney understands the nuances of Colorado pedestrian accident law and can provide critical guidance on how to protect your rights and assets, ensuring that liability is fairly determined. Whether you are dealing with an insurer’s investigation or facing a potential lawsuit, having a seasoned Denver pedestrian accident attorney can make all the difference in achieving a just outcome.

Protecting Yourself and Others on Colorado Roads

Being involved in an accident with a pedestrian is a deeply traumatic event for everyone. However, understanding the proper procedures and the role of your insurance policy can provide a clear path forward and a measure of financial protection. The most effective approach is to act responsibly at the scene, report the incident to your insurer promptly, and have a clear grasp of how your Bodily Injury Liability and MedPay coverages function to address the situation.

Ultimately, the best strategy is prevention. With pedestrian fatalities rising in Colorado, this guide is a critical reminder for all drivers to remain vigilant. Paying extra attention at crosswalks, yielding the right-of-way, and reducing speed in pedestrian-heavy areas are not just legal requirements; they are fundamental practices of shared responsibility. Awareness and caution remain the most effective tools to prevent these tragic incidents from happening in the first place.