Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar
Circuit # 10

>Photo of Colorado

Med Pay Subrogation - Yes
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


(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

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.