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Asset Protection / State guide

Colorado Asset Protection & Claims Guide

Colorado has no fixed statutory 100% total-loss threshold; the 100% figure is widely repeated industry shorthand, not a verified statutory threshold.

Written by James BishopFounder, ClaimStinger

01 / Total loss / salvage threshold

Total loss / salvage threshold

Colorado has no fixed statutory 100% total-loss threshold.

The widely repeated “100% threshold” is industry shorthand, not a verified Colorado statutory threshold. Colorado law instead requires a fair and consistent total-loss valuation methodology, a credible valuation source, consideration of the vehicle’s unique characteristics, and documentation of the method. It prohibits selecting valuation sources merely to produce the lowest payment.

Citation: C.R.S. § 10-4-639(3); Colorado Regulation 3 CCR 702-5-2-15-5

02 / The insurer’s total-loss settlement duty

The insurer’s total-loss settlement duty

Colorado’s verified total-loss settlement duty is valuation-method based, not replacement-cost based.

C.R.S. § 10-4-639(1) requires payment of title fees, sales tax, and transfer or registration fees associated with a total loss. A requirement to disclose comparable vehicles or produce third-party salvage auction bids was not verified in the cited statute or regulation.

Citation: C.R.S. § 10-4-639(1)

03 / Time limit to pursue a third-party diminished value claim

Time limit to pursue a third-party diminished value claim

A Colorado motor-vehicle property-damage tort claim, including third-party diminished value, generally has a three-year limitation period from accrual.

The statute does not specify a “date of repair” trigger; ordinary accrual applies. First-party diminished value depends on policy language. In Hyden v. Farmers, the Colorado Court of Appeals treated “like kind and quality” as potentially requiring restoration of market value. That is case law, not a statutory entitlement.

Citation: C.R.S. § 13-80-101(1)(n)(I); Hyden v. Farmers (case law)

04 / Repair shop choice, parts disclosure and PDR

Repair shop choice, parts disclosure and PDR

No Colorado PDR-specific statute or technician-certification requirement was verified.

Repair facilities must obtain consent and provide estimates under C.R.S. § 42-9-104. Estimates must identify whether parts are OEM, non-OEM, used, reconditioned, or rebuilt, with customer consent, under C.R.S. § 42-9-107.

Citation: C.R.S. § 42-9-104; C.R.S. § 42-9-107

05 / Hail damage treatment

Hail damage treatment

No Colorado hail-specific total-loss exclusion was verified.

The supplied Colorado research does not verify a hail-specific exclusion from the total-loss calculation.

Citation: No Colorado hail-specific total-loss exclusion was verified in the supplied research.

Source record

Citations

  • C.R.S. § 10-4-639(1)
  • C.R.S. § 10-4-639(3)
  • Colorado Regulation 3 CCR 702-5-2-15-5
  • C.R.S. § 13-80-101(1)(n)(I)
  • C.R.S. § 42-9-104
  • C.R.S. § 42-9-107
  • Hyden v. Farmers (case law)

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