For years if you were injured in an automobile collision through no fault of your own, the insurance carrier (liability carrier) who insured the at-fault party had no duty to disclose what their policy limits were unless a lawsuit was filed.

That all changed as of January 1, 2020, when the Colorado State legislature passed a bill requiring insurance carriers to provide policy limit information when it was requested by the injured party. Under C.R.S. § 10-3-1117, insurers writing commercial or personal auto policies in Colorado must disclose insurance policies to their insureds and reveal the liability policy limits to third-party claimants. If the request is received from a third-party claimant or his/her attorney, § 10-3-1117(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.

The statement from the liability carrier must include the information above for each known policy of the named insured, including excess or umbrella policies, that may be relevant to the claim. The request from the third-party claimant must be presented to the carrier’s registered agent. The statute provides for a penalty of $100 per day if the carrier fails to comply with a written request within 30 days, which begins to accrue on the 31st day after receipt of the request. If the insured (as opposed to the insurer) is sent a written request for policy information, the insured must disclose “the name and coverage of each known insurer of the insured party,” however, no penalty or enforcement mechanism exists for this provision.

The scales of justice always seem to be weighted in favor of the insurance carriers. This law tips those scales, ever so slightly, in favor of injured persons.

The attorneys at Clawson & Clawson have been fighting insurance carriers for over 50 years. If you or a loved one have received injuries in an auto collision that was not their fault, contact the experienced auto collision attorneys at Clawson & Clawson, LLP. Our legal team has years of experience handling auto collision cases and will work diligently to ensure that you receive the compensation you deserve. Contact us today for a no-obligation case evaluation.