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Colorado

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 10

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 7 years
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 3 years
Personal Property 2 years
Involving Motor Vehicle 3 years
Personal Injury 2 years
Involving Motor Vehicle 3 years
Warranty 3 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES - if in vehicle or negligent entrustment or family car doctrine

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
 

No applicable statute, Administrative Code provision or case law exists; Colorado’s Department of Insurance advises that the standard practice is to reimburse insured for deductible on a comparative negligence basis
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Gross earnings for the First Pay Period less deductions required by law; Amounts based on Federal minimum hourly wage: 1. Weekly: $154.50 or 75% of disposable earnings, 2. Bi-weekly: $309.00 or 75% of disposable earnings, 3. Semi-monthly: $334.75 or 75% of disposable earnings, 4. Monthly: $669.50 or 75% of disposable earnings
 


Parental Responsibility

Unemancipated Minor (Under 18)
 

Dollar Limit on Parents’ Liability:
   $3,500 Property/Injury
   $250 Shoplifting
 

Liability imposed for child’s shoplifting or willful/malicious property damage or personal injury
 


Subrogation by Landlord's Carrier against Tenant

Yes, unless lease limits right of recovery


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