Can I Lose My House Due to an At-Fault Car Accident? Understanding Colorado’s Laws

Oct 19, 2023

Denver, with its majestic Rocky Mountains backdrop, bustling downtown area, and rapidly growing population, sees its fair share of vehicular traffic and, unfortunately, car accidents. As a resident, you might wonder: if I’m at fault in a car accident, can I potentially lose my house? It’s a question that’s been on the minds of many Denverites, and the answer lies in the complex interplay of insurance, state laws, and individual circumstances.

Colorado’s Auto Insurance System

Firstly, it’s essential to understand that Colorado operates under a tort system regarding car accidents. This means that the person found to be at fault for the accident is responsible for the damages. Hence, the victim has the right to sue the at-fault driver for compensation.

In Denver and throughout Colorado, drivers are required to carry the following minimum auto insurance coverage:

  • $25,000 for bodily injury or death to any one person in an accident
  • $50,000 for bodily injury or death to all persons in any one accident
  • $15,000 for property damage in any one accident

How Insurance Protects Your Assets

If you’re at fault in an accident and the damages exceed your insurance limits, the injured party can come after your personal assets to cover the remainder. This includes bank accounts, investments, and, yes, potentially your house.

However, there’s some relief in the form of Colorado’s homestead exemption law. As of 2022, Colorado allows a $75,000 exemption (or $105,000 if the homeowner, their spouse, or their dependent is disabled or 60 years or older) on the equity of a primary residence. This means that if someone sues you and wins a judgment against you, they can’t force the sale of your home unless its equity exceeds the exemption amount. Still, if you have significant equity in your home beyond the exemption, it’s at risk.

Umbrella Policies: An Additional Layer of Protection

Many Denver residents have taken steps to protect their assets beyond standard auto insurance by purchasing umbrella policies. These policies provide additional liability coverage, often starting at $1 million and going upwards, for costs that exceed the limits of your standard auto (or homeowners) insurance.

With Denver’s booming real estate market and the increasing value of homes, umbrella policies have become a popular way for homeowners to ensure they don’t lose their most valuable asset in the aftermath of an at-fault accident.

Personal Bankruptcy as a Last Resort

If you find yourself in a situation where your insurance does not cover all the damages and your assets are at risk, personal bankruptcy might be a consideration. Filing for Chapter 7 or Chapter 13 bankruptcy can provide some protection against creditors and may protect your home from being sold to satisfy a judgment. However, this is a complex decision with long-lasting ramifications and should be discussed with a qualified attorney.

Avoiding the Risk: Safe Driving and Adequate Coverage

The best way to avoid the risk of losing your assets, including your house, due to an at-fault accident is twofold: practice safe driving and ensure you have adequate insurance coverage. Denver’s unpredictable weather, especially during winter months, demands extra caution. Keeping a safe following distance, being wary in snow or rain, and avoiding distractions can significantly reduce your risk of an accident.

Secondly, routinely reviewing and updating your insurance coverage can make a massive difference. As your assets grow, so should your coverage. Meeting with an insurance professional to assess your needs can provide peace of mind and protection.

Navigating Denver’s Roads: Protection Beyond the Wheel

Denver’s scenic beauty and vibrant urban life come with the responsibility of navigating its roads safely. Being at fault in a car accident can have severe financial implications, potentially threatening your home. While Colorado’s laws provide some protection through insurance requirements and the homestead exemption, residents should consider additional measures like umbrella policies to further safeguard their assets. With a combination of safe driving practices and comprehensive coverage, Denverites can enjoy all that the Mile High City has to offer without the looming fear of financial catastrophe.

For those navigating the complexities of car accidents in the Denver area, expert guidance is indispensable. The Paul Wilkinson Law Firm has established itself as a leading Denver-based firm specializing in motor vehicle accidents. With years of experience and a deep understanding of Colorado’s laws, they’re adept at guiding victims through the aftermath of an accident, ensuring their rights are protected and their concerns are addressed. If you or a loved one ever find yourself facing the repercussions of a motor vehicle accident, don’t hesitate. Call Paul today and ensure you have the best representation by your side.

The Paul Wilkinson Law Firm | Website | + posts

The Paul Wilkinson Law Firm is a team of personal injury attorneys in Denver, CO serving victims of car, truck and motorcycle accidents. Each of our lawyers is licensed with the Colorado State Bar (CBA) and specialize in injury law.

We've recovered tens of millions of dollars in personal injury settlements and verdicts for our clients. For 13+ years we've helped thousands of people get back on their feet after experiencing serious injuries. We will take your case to trial and get the maximum settlement possible.

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