Citizen’s Guide to Colorado Auto MedPay Insurance
Who Is Covered, When Coverage Applies, and How Benefits Are Paid
Colorado statutes and a sample Colorado personal auto policy form
(Progressive Form 9611D CO – December 2014)
Revised April 9, 2026
Colorado MedPay has a statutory framework, but actual claim outcomes still turn on the declarations page, endorsements, the facts of the loss, and the wording of the policy in force.
This guide focuses on Colorado’s statutory MedPay floor, the policy language that often expands or restricts practical coverage, and the steps a claimant should take to evaluate and present a MedPay claim.
MedPay is not Uninsured/Underinsured Motorist coverage (UM/UIM). MedPay is first-party medical coverage that generally applies without regard to fault, but only if the claimant fits the policy and no exclusion defeats coverage.
UM/UIM is also first-party coverage, but it is fault-based and is typically triggered only when an uninsured or underinsured tortfeasor causes compensable bodily injury damages to the insured.
Introduction
Colorado law generally requires automobile liability policies issued in the state to include at least $5,000 in medical payments coverage unless the named insured rejects it in the required manner. If the insurer cannot maintain or provide proof of a valid rejection, the policy is presumed to include $5,000 in MedPay. [C.R.S. § 10-4-635(1)(a)-(c)]
A policy can still offer broader coverage than the statutory floor. The Progressive Colorado form used as the working example in this guide extends Part II MedPay coverage to “you,” a “relative,” or a “rated resident” while occupying an auto, not merely a listed covered auto.
By contrast, a non-household guest passenger is covered only while occupying a covered auto with permission. [Progressive Policy, Part II definitions]
MedPay is sold in Colorado as coverage that pays reasonable health-care expenses regardless of fault up to the offered policy limits. It is primary to health insurance and applies to coinsurance and deductibles. [C.R.S. § 10-4-636(4)(a)-(c)]
The statutory minimum floor under Colorado law
Colorado’s MedPay statute (enacted in 2008) is a starting point to understand this coverage. Section 10-4-635 requires MedPay to be included in an automobile or motor vehicle liability policy, unless the named insured rejects the default amount of $5,000. If the insurer does not maintain or provide proof of a valid rejection, the insured’s policy is presumed to include at least $5,000 in MedPay. [C.R.S. § 10-4-635(1)(a)-(c)]
Colorado also requires consumer-facing disclosures about MedPay. Those disclosures must explain that MedPay pays reasonable health-care expenses regardless of fault, is primary to health insurance, and applies to coinsurance and deductibles. The disclosures must also explain that an insured who is at fault will not receive these benefits unless MedPay was actually purchased. [C.R.S. § 10-4-636(4)(a)-(d)]
Why the policy still matters
Colorado law establishes the minimum offering requirement and the prompt-payment framework. The policy in force at the time of the crash still determines the operative coverage grant in many real disputes.
Sample policy language will often expand the scope of coverage. See an example:
Part II, “insured person” includes: (1) you, a relative, or a rated resident while occupying an auto, or when struck by a motor vehicle or trailer while not occupying a self-propelled motorized vehicle; and (2) any other person while occupying a covered auto with permission.
That language is broader than the statute for household insureds, and narrower for non-household guests. [Progressive Policy, Part II definitions]
Because Colorado law treats non-conforming policy language as amended to conform to Colorado statutes, a policyholder must read the statute and the policy together. The statute supplies the floor; the policy may broaden coverage, but it may not contract below it.
Matrix 1. Statutory floor vs. example policy form
| Scenario | Colorado statute | Progressive example form |
|---|---|---|
| Named insured in own insured vehicle | Yes, within statutory floor | Yes |
| Authorized guest passenger in insured vehicle | Yes, within statutory floor | Yes, if occupying covered auto with permission |
| Resident spouse riding in another car with permission | Not clearly within quoted statutory floor | Yes, because “you” are covered while occupying an auto |
| Resident child riding in friend’s car with permission | Not clearly within quoted statutory floor | Yes, if the child qualifies as a resident relative |
| Non-household guest riding in someone else’s car | No statutory floor on these facts | No, unless another policy covers that person |
| Unauthorized passenger / stowaway | No | No |
Who can be covered by MedPay Insurance?
A citizen trying to evaluate MedPay should start with identity. On the Progressive form, there are four practical categories:
1) “You” — the named insured and, if residing in the same household at the time of loss, the spouse or civil-union partner of the named insured. [Progressive Policy, general definitions]
3) “Rated resident” — a non-relative residing in the household who is listed in the declarations-page household section and not marked excluded or list-only. [Progressive Policy, general definitions]
4) “Any other person” — a non-household guest or passenger who is covered only while occupying a covered auto with permission. [Progressive Policy, Part II definitions]
Matrix 2. Identity-based MedPay outcomes under the Progressive example form
| Injured person | In covered auto | In another permitted auto | As pedestrian / not in self-propelled vehicle | Key limitation |
|---|---|---|---|---|
| Named insured or resident spouse (“you”) | Covered | Usually covered | Covered | Regular-use, owned-vehicle, no-permission, workers’ comp, and use exclusions still apply |
| Resident relative, including child away from home | Covered | Usually covered | Covered | Must actually qualify as resident relative under policy wording |
| Rated resident | Covered | Usually covered | Covered | Must be listed and not excluded/list-only |
| Non-household guest passenger | Covered with permission | Not covered under this form | Not covered under this form | Guest status helps only in the insured’s covered auto |
| Unauthorized passenger / stowaway | Not covered | Not covered | Not covered | Permission matters |
Vehicle role and permission
MedPay does not turn on fault gatekeeping in the same way liability and UM/UIM do. A person can be the at-fault driver and still direct MedPay benefits to pay for trauma care, if the policy grants it and no exclusion applies. Colorado’s required MedPay disclosure expressly states that MedPay pays regardless of fault up to policy limits. [C.R.S. § 10-4-636(4)(a)]
Permission, however, matters a great deal. Under the Progressive form, you, a relative, or a rated resident are excluded while occupying any vehicle other than a covered auto if they did so without the permission of the owner or lawful possessor.
A guest passenger is covered only while occupying a covered auto with permission in the first place. [Progressive Policy, Part II definitions and exclusions]
That is why the label “guest passenger” is not enough by itself. A guest in the insured’s covered auto may be covered.
But a guest in someone else’s car is not covered by this example and form, unless that guest separately qualifies as “you, a relative, or a rated resident.” [Progressive Policy, Part II definitions]
The most important exclusions
The fastest way to misread MedPay is to stop at the insuring agreement.
The exclusions do much of the real work.
Under the Progressive example form, MedPay is excluded if workers’ compensation benefits are available for the injury.
It is also excluded for a vehicle owned by you or furnished for your regular use, unless that vehicle is a covered auto for which MedPay was purchased.
A parallel exclusion applies to a vehicle owned by a relative or rated resident or furnished for that person’s regular use, although that exclusion expressly does not apply to “you.” [Progressive Policy, Part II exclusions]
The policy also excludes MedPay for auto-business use, racing and stunt activity, vehicles used as residences, nuclear and war exclusions, criminal-act exclusions, and personal vehicle sharing programs. [Progressive Policy, Part II exclusions]
In practical terms, the regular-use exclusion is a major trap for an uninformed policyholder.
A household may own or regularly use several cars, but MedPay does not automatically float across every household vehicle.
On the sample form, if the vehicle is owned by the household or regularly available to the injured household insured, and it is not a covered auto for which MedPay was purchased, the exclusion becomes central. [Progressive Policy, Part II exclusions]
Matrix 3. Common exclusion outcomes
| Fact pattern | Likely result under Progressive example form | Why |
|---|---|---|
| Employee injured in course of employment with workers’ comp available | No MedPay | Workers’ compensation exclusion |
| Household member injured in own unlisted regular-use vehicle | Usually no | Owned / regular-use exclusion |
| Household member in friend’s car with permission | Often yes | Part II covers household insured while occupying an auto, subject to other exclusions |
| Guest passenger in insured’s covered auto | Often yes | Guest coverage exists only in covered auto with permission |
| Guest passenger in someone else’s car | Usually no | Guest is not a household insured under this form |
| Unauthorized use of a non-covered vehicle | No | Permission exclusion |
Vehicle use: livery, rideshare, delivery, and carpool facts
The policy separately defines “ride-sharing activity” as use of a vehicle to provide transportation of persons or property in connection with a transportation network company from the moment the driver logs on to the app or digital system until the driver logs off, whether or not a ride has already been accepted.
That includes the period while driving to the pickup location, and while transporting the rider or property. [Progressive Policy, general definitions]
Colorado’s Transportation Network Company Act is consistent with that distinction.
A “prearranged ride” begins when the driver accepts the requested ride through the digital network and ends when the rider departs.
The statute also says nothing in the TNC section requires a personal auto policy to provide coverage while the driver is logged into the TNC digital network. [C.R.S. §§ 40-10.1-602(2), 40-10.1-604(5)]
So what about splitting gas money?
Matrix 4. Vehicle-use scenarios
| Vehicle use at time of accident | MedPay outcome under Progressive example form | Comment |
|---|---|---|
| Ordinary personal use | Potentially covered | Assuming the injured person otherwise qualifies and no other exclusion applies |
| Shared-expense car pool | Potentially covered | The compensation/delivery/rideshare exclusion expressly says it does not apply to shared-expense car pools |
| Transportation for compensation or fee | Potentially excluded | The policy uses compensation/fee language rather than the old word “livery” |
| Retail or wholesale delivery | Potentially excluded | Delivery use is separately listed |
| TNC / app-based rideshare while logged on | Potentially excluded under personal policy | The policy defines ride-sharing activity broadly; Colorado separately requires TNC coverage in certain periods |
| Personal vehicle sharing program / peer-to-peer car sharing | Excluded | Separate defined exclusion |
| Auto business use | Potentially excluded | Auto-business exclusion applies unless a stated carve-out fits |
| Racing / stunt / track use | Excluded | Express exclusion |
MedPay vs. health insurance, liability, and UM/UIM
Colorado requires the MedPay disclosure to state that MedPay is primary to health insurance. That means MedPay is not supposed to sit behind the claimant’s ordinary health coverage. It also applies to deductibles and coinsurance. [C.R.S. § 10-4-636(4)(b)-(c)]
MedPay is a different insurance product than Uninsured Motorist/UnderInsured Motorist UM/UIM). UM/UIM is fault-based and pays only after the liability limits of all applicable bodily-injury liability bonds and policies have been exhausted. [Progressive Policy, Part III insuring agreement]
The sample policy form does not say that MedPay is excess to UM/UIM generally. Instead, it says MedPay is excess over other auto insurance providing payments for medical services when the insured is in a non-covered vehicle.
That distinction matters in stacked-coverage disputes. A UM payment is not the same thing as host-vehicle MedPay merely because some portion of the claimant’s total damages includes medical harm. [Progressive Policy, Part II other insurance; Part III insuring agreement]
Colorado’s MedPay statute also says an insurer paying MedPay benefits has no right to recover against the owner, user, operator, or other person legally responsible for the accident, and no direct cause of action against the alleged tortfeasor, except where benefits were paid out by reason of fraud.
The statute also says nothing there prevents the claimant from recovering UM benefits. [C.R.S. § 10-4-635(3)(a)-(b)]
Matrix 5. Priority and coordination
| Coverage type | Is fault required? | Primary / excess rule | Typical role |
|---|---|---|---|
| MedPay | No | Primary to health insurance by statute; may be pro rata with other auto MedPay; may be excess on a non-covered vehicle over other auto insurance providing payments for medical services | Immediate medical-expense coverage |
| Health insurance | No | Secondary to MedPay by Colorado disclosure rule | Backstop for broader treatment after MedPay exhaustion |
| Liability coverage | Yes | Depends on fault and the tort claim | Third-party recovery against the at-fault driver |
| UM/UIM | Yes | Triggered only by uninsured/underinsured tortfeasor and usually after liability exhaustion | Gap-filling bodily-injury recovery |
| Workers’ compensation | No-fault employment system | If available, it can exclude MedPay under the example policy | Employment-related injury system |
How MedPay is evaluated and paid in Colorado
Colorado’s prompt-payment statute requires an insurer, within fifteen days after receiving a notification of loss, an application for benefits, or a claim, to provide the necessary forms and instructions.
“Clean claims” must then be paid, denied, or settled within thirty days if submitted electronically and forty-five days if submitted by other means. If more information is needed, the insurer must explain that in writing within thirty days. [C.R.S. § 10-4-642(5)-(6)]
The Progressive example policy layers those statutory rules into the policy.
MedPay is not simply a reimbursement pool for the insured.
Colorado law and the policy both prioritize trauma care immediately after the crash. Upon notice of a potentially covered accident, the insurer must reserve $5,000 for trauma care.
The reserve is then paid in a fixed order: first to licensed ambulance or air ambulance providers; second to trauma physicians; third to level IV or V trauma centers; fourth to level I, II, III, or regional pediatric trauma centers.
The reserve is held for up to thirty days after notice, after which any unused amount may be used to pay other provider or insured reimbursement claims. [C.R.S. § 10-4-635(2)(b)-(d); Progressive Policy, Part II trauma care and priority of benefits]
That means an ambulance bill can be paid ahead of the trauma hospital, and a trauma physician can be paid ahead of the hospital as well. This is not an accident; it is the statutory design. [C.R.S. § 10-4-635(2)(b)]
If the provider then sues the insured for those disputed charges, the policy says Progressive will pay defense costs and any resulting judgment, subject to the MedPay limit. [Progressive Policy, Part II insuring agreement and unreasonable-or-unnecessary-medical-expenses section]
Matrix 6. Payment sequence
| Step | What happens |
|---|---|
| 1. Notice of accident | Insurer should provide claim requirements / forms promptly; under Colorado law, within 15 days after notice, application, or claim. |
| 2. Coverage review | Insurer tests identity, permission, vehicle status, use at time of loss, exclusions, and whether another auto MedPay policy exists. |
| 3. Trauma reserve | First $5,000 is reserved for trauma care for up to 30 days after notice. |
| 4. Trauma priority | Ambulance / air ambulance first, then trauma physicians, then level IV/V trauma centers, then level I/II/III or regional pediatric centers. |
| 5. Other claims | After the 30-day trauma window, unused reserve may pay other providers or the insured. |
| 6. Prompt-pay deadlines | Clean claims must be paid, denied, or settled within statutory deadlines, subject to tolling while trauma reserve rules operate. |
A practical citizen’s checklist
A citizen evaluating MedPay benefits should ask these questions, preferably BEFORE you consider MedPay, and in this order:
First: Was MedPay actually purchased or, if denied for rejection, can the insurer prove a valid rejection? [C.R.S. § 10-4-635(1)(a)-(c)]
Illustration: a resident spouse injured as a passenger in another vehicle
But under the Progressive example form, a resident spouse qualifies as “you” and is covered while occupying an auto, not just the covered auto.
So the policy can create coverage beyond what a reader might infer from the statute standing alone. [C.R.S. § 10-4-635(5)(a); Progressive Policy, Part II definitions]
In that setting, the next question becomes priority.
Under the Progressive form, if the resident spouse was in a non-covered vehicle, Progressive’s MedPay is excess over any other auto insurance providing payments for medical services. Excess in this context means secondary
That does not make the coverage dormant in the way UM/UIM is dormant until an underinsured or uninsured tortfeasor is identified. MedPay is already triggered if the insured person and accident fit the grant of coverage; the priority fight concerns whether another auto medical-pay coverage goes first. [Progressive Policy, Part II other insurance; Part III insuring agreement]
A separate UM or UIM payment by another carrier does not automatically answer the MedPay question, because UM/UIM and MedPay solve different problems and are triggered by different conditions.
Any overlap must be tested against the wording of the applicable policies, not by label confusion. [C.R.S. § 10-4-635(3)(b)(II); Progressive Policy, Part II other insurance; Part III insuring agreement]
Another simple example:
Your resident spouse is covered under your auto insurance policy.
She is injured while riding as a passenger in a friend’s car.
The friend’s car has MedPay coverage in their policy.
Because your spouse was injured in a non-covered vehicle, the friend’s vehicle MedPay may be primary.
Progressive’s MedPay may then be deemed excess, and only paid to cover remaining eligible medical expenses after the friend’s MedPay is paid out. MedPay then becomes backup coverage, not first-in-line coverage.
11. Bottom line
The statutory minimum of $5,000 is modest in relation to modern trauma charges. In a serious crash, the trauma reserve may be exhausted by ambulance transport and first-episode trauma care before later providers or the insured are reimbursed.
A citizen should not ask only, “Was I hurt in a car crash?” The better question is: “Who am I under this policy, where was I, whose vehicle was it, what was that vehicle doing, and is there another auto medical-pay policy that comes first?” That is how you can expect to see MedPay is actually sorted and paid in Colorado
Authorities and full source text
Appendix A - Legal Authorities
Sample Colorado policy language - Personal Passenger Automobile (PPA) Insurance
Supporting public-title links for cited statutory definitions in this sample excerpt: Title 10 | Title 12 | Title 25 | Title 40
PART II—MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT (sic)
1. sustained by an insured person; and
2. resulting from the ownership, maintenance, or use of a motor vehicle.
We, or someone on our behalf, will determine:
1. whether the expenses for medical services are reasonable; and
ADDITIONAL DEFINITIONS
When used in this Part II:
1. “Insured person” means:
a. you, a relative, or a rated resident:
(i) while occupying an auto; or
(ii) when struck by a motor vehicle or a trailer while not occupying a self propelled motorized vehicle; and b. any other person while occupying a covered auto with the permission of you, a relative, or a rated resident.
2. “Licensed air ambulance” means an air ambulance, as defined in section 25-3.5-103(1), C.R.S., that is licensed by the Department of Public Health and Environment pursuant to section 25-3.5-307, C.R.S.
3. “Licensed ambulance” means an ambulance, as defined in section 25-3.5-103(1.5), C.R.S., that is licensed pursuant to section 25-3.5-301, C.R.S.
4. “Licensed health care provider” shall have the same meaning as set forth in section 10-4-601, C.R.S., and also includes an occupational therapist as described in section 12-40.5-103(8), C.R.S.
6. “Motor vehicle” means a land motor vehicle designed for use principally on public roads.
7. “Provider” means a licensed health care provider, licensed air ambulance, licensed ambulance, trauma physician, or trauma center.
8. “Stabilize” means, with respect to a medical condition resulting from a trauma, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result or occur during the transfer of the individual to or from a trauma center.
9. “Trauma” means an injury or wound to a living person caused by the application of an external physical force. Trauma includes any event that threatens life, limb, or the well-being of an individual in such a manner that a prudent lay person would believe that immediate medical care is needed.
10. “Trauma care” means care provided by a licensed ambulance, licensed air ambulance, trauma physician, or trauma center to a person injured in a motor vehicle accident from the time the administration of care begins to the time the patient is fully stabilized or through the first episode of care, not to exceed 72 hours after the administration of care begins. The term includes a trauma care system, trauma transport protocols, and triage, as defined in section 25-3.5-703, C.R.S.
11. “Trauma center” means the emergency department in a licensed or certified hospital or a health care facility that is designated by the Department of Public Health and Environment as a level I, II, III, IV, or V facility or as a regional pediatric trauma center.
12. “Trauma physician” means a trauma surgeon, orthopedic surgeon, neurosurgeon, intensive care unit physician, anesthesiologist, or physician who provides care in a trauma center to a trauma patient injured in a motor vehicle accident.
EXCLUSIONS—READ THE FOLLOWING EXCLUSIONS CAREFULLY.
IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART II.
Coverage under this Part II will not apply to bodily injury:
1. sustained by any person while occupying a covered auto while it is being used:
a. to carry persons or property for compensation or a fee;
b. for retail or wholesale delivery, including, but not limited to, the pickup, transport or delivery of magazines, newspapers, mail or food; or
c. for ride-sharing activity.
2. arising out of an accident involving a vehicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not apply to you, a relative, a rated resident, or an agent or employee of you, a relative, or a rated resident, when using a covered auto;
3. to any person resulting from, or sustained during practice or preparation for:
a. any pre-arranged or organized racing, stunting, speed or demolition contest or activity; or
b. any driving activity conducted on a permanent or temporary racetrack or racecourse;
4. due to a nuclear reaction or radiation;
5. for which insurance:
a. is afforded under a nuclear energy liability insurance contract; or
b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability;
6. for which the United States Government is liable under the Federal Tort Claims Act;
7. sustained by any person while occupying any vehicle or trailer while located for use as a residence or premises;
8. if workers’ compensation benefits are available for the bodily injury;
9. sustained by any person while occupying or when struck by any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased;
10. sustained by any person while occupying or when struck by any vehicle owned by a relative or a rated resident or furnished or available for the regular use of a relative or a rated resident, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to you;
11. to you, a relative, or a rated resident, while occupying any vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle;
12. to any person while occupying a covered auto while leased or rented to others or given in exchange for any compensation. This exclusion does not apply to the operation of a covered auto by you, a relative, or a rated resident;
13. caused directly or indirectly by:
a. war (declared or undeclared) or civil war;
14. caused directly or indirectly by:
a. any accidental or intentional discharge, dispersal or release of radioactive, nuclear, pathogenic or poisonous biological material; or
b. any intentional discharge, dispersal or release of chemical or hazardous material for any purpose other than its safe and useful purpose;
15. caused by, or reasonably expected to result from, a criminal act or omission of an insured person. This exclusion applies regardless of whether the insured person is actually charged with, or convicted of, a crime. For purposes of this exclusion, criminal acts or omissions do not include traffic violations; or
16. sustained by any person while occupying a covered auto while being used in connection with a personal vehicle sharing program.
LIMITS OF LIABILITY
The limit of liability shown on the declarations page for Medical Payments Coverage is the most we will pay for each insured person injured in any one accident, regardless of the number of:
1. claims made;
2. covered autos;
3. insured persons;
4. lawsuits brought;
5. vehicles involved in the accident; or
No one will be entitled to duplicate payments under this policy for the same elements of damages.
Any amount payable to an insured person under this Part II will be reduced by any amount paid or payable for the same expense under Part I—Liability To Others or Part III – Uninsured/Underinsured Motorist Coverage.
No one will be entitled to duplicate payments under this policy for the same elements of damages.
Any amount payable to an insured person under this Part II will be reduced by any amount paid or payable for the same expense under Part I—Liability To Others or Part III—Uninsured/Underinsured Motorist Coverage.
UNREASONABLE OR UNNECESSARY MEDICAL EXPENSES
If an insured person incurs expenses for medical services that we deem to be unreasonable or unnecessary, we may refuse to pay for those expenses and contest them.
If the medical service provider sues the insured person because we refuse to pay expenses for medical services that we deem to be unreasonable or unnecessary, we will pay any resulting defense costs, and any resulting judgment against the insured person, subject to the limit of liability for this coverage. We will choose the counsel.
We will also pay reasonable expenses, including loss of earnings up to $200 per day, incurred at our request.
The insured person may not sue us for expenses for medical services we deem to be unreasonable or unnecessary unless the insured person paid the entire disputed amount to the medical service provider or the medical service provider has initiated collection activity against the insured person for the unreasonable or unnecessary expenses.
OTHER INSURANCE
PAYMENT OF BENEFITS
When required under Colorado law, we will make payments under this Part II directly to providers for medical services meeting the definition of trauma care. The periods specified in 10-4-642, C.R.S., for the prompt payment of benefits shall be tolled for the period that we are required to suspend payment of claims for medical services furnished by providers that did not provide trauma care, but only to the extent that the available benefits under this Part II not held in reserve for trauma care are insufficient to pay those claims.
TRAUMA CARE AND PRIORITY OF BENEFITS
Upon receiving notice, either from a provider or an insured person, of an accident for which coverage under this Part II may apply, we will reserve $5,000 for the payment of trauma care provided by a licensed air ambulance, licensed ambulance, trauma physician, or trauma center in the following priority, as applicable:
1. Benefits will be paid first to licensed ambulances or licensed air ambulances that provided trauma care at the scene of or immediately after the motor vehicle accident, including transport to or from a trauma center.
2. After payments to providers described in 1. above, benefits will be paid next to trauma physicians that provided trauma care to stabilize or provided the first episode of care to the injured person.
3. After payments to providers described in 1. and 2. above, benefits will be paid next to trauma centers designated as level IV or V pursuant to section 25-3.5-703(4), C.R.S., that provided trauma care to stabilize or provided the first episode of care to the injured person.
4. After payments to providers described in 1, 2, and 3. above, benefits will be paid next to trauma centers designated as level I, II, or III or as a regional pediatric trauma center pursuant to section 25-3.5-703(4), C.R.S., that provided trauma care to stabilize or provided the first episode of care to the injured person.
We will hold the reserve described in this section for no more than 30 days after receipt of the accident notice.
After the 30 day period, any amount of the reserve for which we have not received a claim for reimbursement from a trauma care provider will be used to pay any other claims for reimbursement submitted by other providers or by insured persons.
Colorado MedPay statutes and related full text authorities
Public source package: Title 10 - Insurance (2025 PDF) | Title 12 - Professions and Occupations (2025 PDF) | Title 25 - Public Health and Environment (2025 PDF) | Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub
Colorado Revised Statutes (C.R.S.) - full text excerpts and linked public sources.
10-4-635. Medical payments coverage - exceptions - definitions.
Official source links: Title 10 - Insurance (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
(1) (a) Except as otherwise provided in this subsection (1), no automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state unless coverage is provided in the policy or in a supplemental policy for medical payments with benefits of five thousand dollars for bodily injury, sickness, or disease resulting from the ownership, maintenance, or use of the motor vehicle.
(b) A policy may be issued without medical payments coverage only if the named insured rejects medical payments coverage in writing or in the same medium in which the application for the policy was taken.
The insurer shall maintain proof that a named insured rejected medical payments coverage for at least three years after the date of the rejection, and such proof of rejection shall be presumed valid for all insureds under the policy, including resident relatives of the named insured and permissive users of the motor vehicle.
An agent or insurer that obtains a rejection of medical payments coverage from the named insured or applicant pursuant to this section shall not be liable to the insured or any other person seeking benefits under the named insured's policy for claims arising out of or relating to the rejection of medical payments coverage.
(c) If the insurer fails to offer medical payments coverage or fails to maintain or provide proof that the named insured rejected medical payments coverage in the manner required by this section, the insured's policy shall be presumed to include medical payments coverage with benefits of five thousand dollars.
(d) If an insured selects limits for medical payments coverage or exercises the option not to purchase the coverages described in this section, an insurer or affiliated insurer shall not be required to notify any policyholder in any renewal or replacement policy of the availability of medical payments coverage.
However, the insured may make a request for additional coverage or coverage more extensive than that provided on a prior policy.
(e) Nothing in this section shall be construed to limit any other coverage amounts being made available by an insurer.
(b) Upon receiving notice, either from a provider or the insured, of an accident for which the medical payments coverage specified in this section or medical payments coverage in a greater amount may apply, the insurer shall reserve five thousand dollars of the medical payments coverage for the payment of trauma care provided by a licensed air ambulance, licensed ambulance, trauma physician, or trauma center in the following priority, as applicable:
(I) Benefits shall be paid first to licensed ambulances or air ambulances that provide trauma care at the scene of or immediately after the motor vehicle accident, including transport to or from a trauma center.
(II) After payments to providers described in subparagraph (I) of this paragraph (b), benefits shall be paid next to trauma physicians that provide trauma care to stabilize or provide the first episode of care to the injured person.
(III) After payments to providers described in subparagraphs (I) and (II) of this paragraph (b), benefits shall be paid next to trauma centers designated as level IV or V pursuant to section 25-3.5-703 (4), C.R.S., that provide trauma care to stabilize or provide the first episode of care to the injured person.
(IV) After payments to providers described in subparagraphs (I), (II), and (III) of this paragraph (b), benefits shall be paid next to trauma centers designated as level I, II, or III or as a regional pediatric trauma center pursuant to section 25-3.5-703 (4), C.R.S., that provide trauma care to stabilize or provide the first episode of care to the injured person.
(c) The reserve shall be held and used to pay claims of trauma care providers described in this subsection (2) for no more than thirty days after receipt of the accident notice. After the thirty-day period, any amount of the reserve for which the insurer has not received a claim for reimbursement from a trauma care provider described in this subsection (2) may be used to pay any other claims for reimbursement submitted by other providers.
(d) The periods specified in section 10-4-642 for the prompt payment of medical payments coverage benefits shall be tolled for the period that an insurer is required under this subsection (2) to hold payment of a claim from a provider that did not provide trauma care, but only to the extent the medical payments coverage benefits not held in reserve are insufficient to pay the claim.
(3) (a) An insurer providing benefits under medical payments coverage in the amount specified in this section or in a greater amount than the amount specified in this section shall not have a right to recover against an owner, user, or operator of a motor vehicle, or against any person or organization legally responsible for the acts or omissions of such person, in any action for damages for benefits paid under such medical payments coverage.
An insurer shall not have a direct cause of action against an alleged tortfeasor for benefits paid under medical payments coverage.
(b) Nothing in this subsection (3) shall be construed to:
(I) Modify the requirements of section 13-21-111.6, C.R.S., or any requirements under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.;
(II) Prevent a person to whom benefits are paid under medical payments coverage from obtaining recovery of benefits available under uninsured motorist coverage pursuant to section 10-4-609; or
(III) Afford an insurer a cause of action against a person to whom or for whom the medical payments coverage benefits specified in this section were paid except in a case where the benefits were paid by reason of fraud.
(4) This section does not apply to:
(a) A person obtaining an automobile liability or motor vehicle policy insuring against loss resulting from the ownership, maintenance, or use of a motorcycle, autocycle, low-power scooter, or toy vehicle, as defined in section 42-1-102; a snowmobile, as defined in section 33-14-101; or any vehicle designed primarily for use off the road or on rails;
(b) A person that has obtained a certificate of self-insurance from the commissioner pursuant to section 10-4-624.
(5) As used in this section:
(b) "Licensed air ambulance" means an air ambulance, as defined in section 25-3.5-103 (1), C.R.S., that is licensed by the department of public health and environment pursuant to section 25-3.5-307, C.R.S.
(c) "Licensed ambulance" means an ambulance, as defined in section 25-3.5-103 (1.5), C.R.S., that is licensed pursuant to section 25-3.5-301, C.R.S.
(d) "Licensed health-care provider" has the same meaning as set forth in section 10-4-601, and also includes an occupational therapist, as defined in section 12-270-104 (9), and an occupational therapy assistant, as defined in section 12-270-104 (11).
(f) "Provider" means a licensed health-care provider, licensed air ambulance, licensed ambulance, trauma physician, or trauma center.
(g) "Stabilize" means, with respect to a medical condition resulting from a trauma, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result or occur during the transfer of the individual to or from a trauma center.
(h) "Trauma" means an injury or wound to a living person caused by the application of an external physical force. Trauma includes any event that threatens life, limb, or the well-being of an individual in such a manner that a prudent lay person would believe that immediate medical care is needed.
(i) "Trauma care" means care provided by a licensed ambulance or air ambulance, trauma physician, or trauma center to a person injured in a motor vehicle accident from the time the administration of care begins to the time the patient is fully stabilized or through the first episode of care, not to exceed seventy-two hours after the administration of care begins. The term includes a trauma care system, trauma transport protocols, and triage, as defined in section 25-3.5-703, C.R.S.
(j) "Trauma center" means the emergency department in a licensed or certified hospital or a health-care facility that is designated by the department of public health and environment as a level I, II, III, IV, or V facility or as a regional pediatric trauma center.
(k) "Trauma physician" means a trauma surgeon, orthopedic surgeon, neurosurgeon, intensive care unit physician, anesthesiologist, or physician who provides care in a trauma center to a trauma patient injured in a motor vehicle accident.
Source: L. 2004: Entire section added, p. 415, 1, effective July 1. L. 2005: Entire section amended, p. 467, 1, effective January 1, 2006. L. 2006: (2) repealed, p. 38, 3, effective January 1, 2007. L. 2008: Entire section amended, p. 2261, 1, effective January 1, 2009. L. 2009: (5)(d) amended, (SB 09-292), ch. 369, p. 1943, 15, effective August 5; (4)(a) amended, (HB 09-1026), ch. 281, p. 1253, 2, effective October 1. L. 2010: (5)(d) amended, (HB 10-1220), ch. 197, p. 855, 20, effective July 1. L. 2019: (5)(d) amended, (HB 19-1172), ch. 136, p. 1652, 35, effective October 1. L. 2021: (5)(d) amended, (SB 21-003), ch. 4, p. 28, 3, effective January 1. L. 2022: IP(4) and (4)(a) amended, (HB 22-1043), ch. 361, p. 2582, 6, effective January 1, 2023.
10-4-633.5. Automobile insurance policies - plain language required - rules.
Official source links: Title 10 - Insurance (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
(1) (a) An insurer issuing or renewing automobile insurance policies subject to this part 6 shall not issue or renew a policy unless the text of the policy form does not exceed the tenth-grade level, as measured by the Flesch-Kincaid grade level formula, or does not score less than fifty as measured by the Flesch reading ease formula.
(b) In conjunction with the report submitted to the commissioner pursuant to section 10-4-633, the insurer shall report the readability scores prior to the issuance or renewal of a policy or the use of the policy form.
(2) The policy form shall contain an index or table of contents if the policy is more than three pages in length or if the text of the policy exceeds three thousand words.
The index, table of contents, and text of the policy form shall be printed in not less than ten-point type.
(3) For purposes of subsections (1) and (2) of this section, the following shall apply:
(a) (I) A contraction, hyphenated word, or numbers and letters, when separated by spaces, shall count as one word;
(II) A unit of words ending with a period, semicolon, or colon, but excluding headings and captions, shall be counted as a sentence; and
(III) A syllable means a unit of spoken language consisting of one or more letters of a word as divided by an accepted dictionary. If the dictionary shows two or more equally acceptable pronunciations of a word, the pronunciations containing fewer syllables may be used.
(b) "Text" includes all printed matter except the following:
(I) The name and address of the insurer; the name, number, or title of the policy; the table of contents or index; captions and subcaptions; and specification pages, schedules, or tables; and
(II) Any policy language that is drafted to conform to the requirements of any federal law or regulation; any policy language required by any collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by law or regulation if the insurer identifies the language or terminology excepted and certifies in writing that the language or terminology is entitled to be excepted.
(4) The commissioner shall promulgate rules regarding the electronic dissemination of newly issued or renewed policy forms or endorsements.
(5) (a) The requirements of this section shall not apply to commercial automobile insurance coverage.
(b) For the purpose of this subsection (5), "commercial automobile insurance coverage" means any insurance coverage provided to an insured, regardless of the number of vehicles or entities covered, under a commercial automobile, garage, motor carrier, or truckers coverage policy form and rated using either a commercial manual or rating rule.
Source: L. 2010: Entire section added, (HB 10-1166), ch. 143, p. 486, 1, effective January 1, 2012. L. 2013: IP(3) amended, (HB 13-1300), ch. 316, p. 1664, 13, effective August 7.
10-4-636. Disclosure requirements for automobile insurance products offered - rules.
Official source links: Title 10 - Insurance (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
Each summary disclosure form shall provide notice in bold-faced letters that the policyholder should read the policy for complete details, and such disclosure form shall not be construed to replace any provision of the policy itself.
(d) An insurer or producer who violates this section shall be deemed to have engaged in unfair or deceptive acts or practices prohibited by section 10-3-1104 (1)(a)(I) and shall be subject to the penalties provided in sections 10-3-1108 and 10-3-1109.
(2) In addition to the disclosure required by subsection (1) of this section, any insurer or producer offering motor vehicle coverage pursuant to this part 6 shall provide a clear explanation to the insured regarding the products purchased, the amount of coverage purchased, and the applicability of the coverage depending on the determination of fault of the insured in an automobile accident.
Such consent may be in the same medium in which the policy is offered.
The insurer or producer, for three years, shall maintain adequate evidence of the insured's consent, and such evidence shall be subject to review by the commissioner.
The insurer or producer shall record:
(II) To the extent practicable, an explanation of why such coverage was changed.
(b) For the purposes of this section, "adequate evidence" means:
(I) Written notes or other memorializations of any oral or written communication with the insured kept within the normal course of business; or
(c) This section shall not apply to changes in coverages mandated by law or to amended policy forms that are changed at renewal.
(4) The disclosure form required by subsection (1) of this section shall include a disclosure specifying that:
(a) Medical payments coverage pays for reasonable health-care expenses incurred for bodily injury caused by an automobile accident, regardless of fault, up to the policy limits chosen by the insured;
(b) Medical payments coverage is primary to any health insurance coverage available to an insured when injured in an automobile accident;
(c) Medical payments coverage applies to any coinsurance or deductible amount required to be paid by the person's health coverage plan, as defined in section 10-16-102 (34); and
(d) An insured who is injured in an automobile accident will not receive benefits from medical payments coverage for any medical expenses incurred as a result of an accident that is the fault of the insured unless medical payments coverage is purchased.
(5) The disclosure required by subsection (1) of this section shall include a disclosure of any coverages delivered or issued pursuant to section 10-4-610.
(b) The commissioner shall promulgate by rule a uniform disclosure form that reflects the requirements of this section. Such uniform disclosure form shall be used by insurers and producers in this state in order to comply with this section.
(7) Nothing in this section shall be construed to create a private right of action for damages by an insured.
(8) The disclosures required by this section shall not apply to commercial automobile insurance policies, as defined by the commissioner in rules adopted pursuant to section 10-4-641 (1).
Source: L. 2004: Entire section added, p. 455, 1, effective July 1. L. 2006: Entire section amended, p. 38, 4, effective January 1, 2007. L. 2013: (4)(c) amended, (HB 13-1266), ch. 217, p. 986, 43, effective May 13.
10-4-642. Prompt payment of direct benefits - legislative declaration - definitions.
Official source links: Title 10 - Insurance (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
The general assembly finds, determines, and declares that patients and health-care providers are entitled to receive reimbursements from auto insurance entities in a timely manner.
Therefore, it is in the interest of the citizens of Colorado that reasonable standards be imposed for the timely payment of claims.
(2) As used in this section, unless the context otherwise requires:
(a) "Claim" means a claim for payment of medical payments coverage benefits in accordance with the insurer's policy.
(b) "Claimant" means a policyholder, insured, or injured person entitled to medical payments benefits as a result of a motor vehicle accident or a provider with the proper assignment of benefits.
(c) "Clean claim" means:
(I) A claim where there is no additional information needed by the insurer to accept or deny the claim.
A claim requiring additional information shall not be considered a clean claim and shall be paid, denied, or settled as set forth in paragraph (b) of subsection (6) of this section.
(II) A claim form that is submitted with, or after submission of, a properly executed application form for benefits currently used by the insurer by the policyholder, insured, or injured person entitled to benefits.
(3) The commissioner may, in consultation with interested parties, including health-care providers, adopt a uniform application form for medical payments benefits or a uniform claim form or both a uniform application and uniform claim form.
For a uniform claim form or a uniform application form having elements provided by a health-care provider, the commissioner shall consider the uniform claim forms and elements adopted for health insurance pursuant to section 10-16-106.3.
If the commissioner determines that new elements are required to establish that an injury or benefit requested is the result of a motor vehicle accident, the new elements may be listed in a separate uniform application form.
(4) (a) A claimant may submit a claim:
(I) By United States mail, first class, or by overnight delivery service;
(II) Electronically, if the insurer accepts claims electronically, to the location designated by the insurer;
(III) By facsimile to the location designated by the insurer; or
(IV) By hand delivery to the location designated by the insurer.
(b) (I) The provider may contact the insurer for the purpose of resubmission of a claim.
The insurer shall have a separate facsimile process to receive resubmitted paper claims.
A resubmitted claim shall be deemed received on the date of the facsimile transmission acknowledgment.
(II) If a claim is submitted electronically, it is presumed to have been received by the insurer or the insurer's clearinghouse, if applicable, on the date of the electronic verification of receipt.
If a claim is submitted by facsimile, it is presumed to have been received by the insurer or the insurer's clearinghouse, if applicable, on the date of the facsimile transmission acknowledgment.
If a claim is submitted by mail, it is presumed to have been received by the insurer or the insurer's clearinghouse, if applicable, three business days after the date of mailing.
If a claim is submitted by overnight delivery service or by hand delivery, it is presumed to have been received on the date of delivery.
(c) The presumptions in paragraph (b) of this subsection (4) may be rebutted by:
(I) A date stamp on a claim showing the date of receipt. Such date shall be presumed the date of receipt.
(II) The fact that the insurer's records maintained in the ordinary course of business do not evidence receipt of a claim. In such case, the claim shall be deemed not to have been received by the insurer.
(d) An insurer shall maintain claim data that is accessible and retrievable for examination by the commissioner for the current year and for the two immediately preceding years.
For each claim, an insurer shall provide a claim number, date of loss, date of auto accident, date of receipt of an application for benefits, date of receipt of a claim, date of payment of a claim, and date of denial or date the claim is closed without payment.
An insurer shall detail all material activities relative to a claim.
A claim file shall have all material documentation relative to a claim.
Each material document within a claim file shall be noted as to date received, date processed, or date sent.
Detailed documentation shall be contained in each claim file to permit reconstruction of the insurer's activities relative to each claim.
(5) (a) Every insurer shall provide a copy of its claim filing requirements to every insured or provider upon request within fifteen calendar days after the request is received by the insurer.
(b) Every insurer shall, within fifteen calendar days after receipt of a notification of loss, an application for benefits, or a claim, provide the necessary application or claim forms and instructions so that the claimant can comply with the policy conditions.
(6) (a) Clean claims shall be paid, denied, or settled within thirty calendar days after receipt by the insurer if submitted electronically and within forty-five calendar days after receipt by the insurer if submitted by any other means.
The person receiving a request for such additional information shall submit all additional information requested by the insurer within thirty calendar days after receipt of such request.
The insurer may deny a claim if a provider receives a request for additional information and fails to timely submit additional information requested under this paragraph (b), subject to the resubmittal of the claim or terms of the policy.
If such person has provided all such additional information necessary to resolve the claim, the claim shall be paid, denied, or settled by the insurer within thirty days after receipt of additional information or after the applicable time period set forth in paragraph (c) of this subsection (6).
(c) Absent fraud, all claims other than clean claims shall be paid, denied, or settled within ninety calendar days after receipt by the insurer; except that the commissioner may adopt rules for the purpose of exempting an insurer from the requirement that the insurer pay, deny, or settle a claim within ninety calendar days in circumstances where the investigation of a claim by the insurer is incomplete or otherwise needs to be continued and for extraordinary or unusual claims with extenuating circumstances as determined by the commissioner.
The rules shall require the insurer, within thirty days after the receipt of a claim and every thirty days thereafter, to send to the claimant or the claimant's representative, and to the health-care provider if applicable, a letter setting forth the reasons why additional time is needed.
The insurer that is exempt from the ninety-day time period due to circumstances where an investigation is incomplete or otherwise needs to be continued shall pay, deny, or settle the claim within one hundred eighty days after receipt of the claim.
An insurer that is exempt from the ninety-day time period shall not be exempt from payment of the interest due pursuant to subsection (7) of this section.
(d) No insurer shall deny a claim on the grounds of a specific policy provision, condition, or exclusion unless reference to such provision, condition, or exclusion is included in the denial.
The denial shall be in writing and given to the claimant, and the claim file shall contain documentation of the basis for the denial.
The commissioner may adopt a rule regarding the time period for delivery of the denial to the claimant, which shall be the same or shorter time period than the period in which the claim was delivered.
(7) An insurer that fails to pay, deny, or settle a clean claim in accordance with paragraph (a) of subsection (6) of this section or fails to take other required action within the time periods set forth in paragraph (b) of subsection (6) of this section shall be liable for the covered benefit and, in addition, shall pay to the claimant interest at the rate of ten percent per annum for the first one hundred eighty days and at the rate of fifteen percent per annum thereafter, on the total amount ultimately allowed on the claim, accruing from the date payment was due pursuant to subsection (6) of this section.
Except for shorter time periods for clean claims, all interest begins to accrue ninety calendar days after receipt of the claim by the insurer.
(8) If an insurer delegates its claims processing functions to a third party, the delegation agreement shall provide that the claims processing entity shall comply with the requirements of this section.
Any delegation by the insurer shall not be construed to limit the insurer's responsibility to comply with this section or any other applicable provision of this article.
(9) This section shall not apply to claims filed pursuant to the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.
(11) The commissioner may impose, after proper notice and hearing, any other penalties set forth in this title against an insurer who has a pattern and practice of violations of this section.
(12) When an insured entitled to benefits under medical payments coverage is injured or believes that he or she has been injured in an accident and is examined or treated by a health-care provider, such health-care provider shall notify the insurer within thirty calendar days after the insured's initial visit.
This subsection (12) shall not apply to a hospital or other health facility or entity licensed or certified pursuant to section 25-1.5-103 (1), C.R.S.
Source: L. 2004: Entire section added, p. 1098, 1, effective July 1.
Editor's note: This section was originally numbered as 10-4-634 in Senate Bill 04-125, but has been renumbered on revision for ease of location.
ANNOTATION
Admission of attorney litigation conduct as evidence in bad faith insurance claim. There are substantial concerns about the relevancy, probative value, and prejudicial impact of evidence of attorney litigation conduct when presented as evidence of a bad faith claim. Such evidence may be admissible in some circumstances.
The appropriate test must recognize the importance of those concerns in evaluating whether evidence of attorney litigation conduct is admissible as part of a bad faith claim. Parsons v. Allstate Ins. Co., 165 P.3d 809 (Colo. App. 2006).
Test to determine admissibility of attorney litigation conduct. Evidence of attorney litigation conduct is admissible as part of a bad faith insurance claim if the risks of unfair prejudice, confusion of the issues, or misleading the jury, and considerations of undue delay, waste of time, or presentation of unnecessary cumulative evidence are substantially outweighed by the probative value of the evidence. Parsons v. Allstate Ins. Co., 165 P.3d 809 (Colo. App. 2006).
Transportation Network Companies
Law reviews: For article, "Über Problems: Ride-Sharing Exclusions in Personal Automobile Insurance Policies", see 47 Colo. Law. 46 (Aug.-Sept. 2018).
40-10.1-601. Short title.
Official source links: Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
This article shall be known and may be cited as the "Transportation Network Company Act".
Source: L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1409, § 6, effective June 5.
40-10.1-602. Definitions.
Official source links: Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
As used in this part 6, unless the context otherwise requires:
(1) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing services for a transportation network company that meets the vehicle criteria set forth in this part 6.
(2) "Prearranged ride" means a period of time that begins when a driver accepts a requested ride through a digital network, continues while the driver transports the rider in a personal vehicle, and ends when the rider departs from the personal vehicle.
(2.5) "School" means a public school that enrolls students in any of the grades of kindergarten through twelfth grade.
(2.6) "Student" means an individual enrolled in a school.
(3) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity, operating in Colorado, that uses a digital network to connect riders to drivers for the purpose of providing transportation.
A transportation network company does not provide taxi service, transportation service arranged through a transportation broker, ridesharing arrangements, as defined in section 39-22-509 (1)(a)(II), C.R.S., or any transportation service over fixed routes at regular intervals.
A transportation network company is not deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers.
A transportation network company does not include a political subdivision or other entity exempted from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.
(4) "Transportation network company driver" or "driver" means an individual who uses his or her personal vehicle to provide services for riders matched through a transportation network company's digital network. A driver need not be an employee of a transportation network company.
(5) "Transportation network company rider" or "rider" means a passenger in a personal vehicle for whom transport is provided, including:
(a) An individual who uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle for the individual and anyone in the individual's party; or
(b) Anyone for whom another individual uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle.
(6) (a) "Transportation network company services" or "services" means the provision of transportation by a driver to a rider with whom the driver is matched through a transportation
(b) "Transportation network company services" or "services" does not include services provided using vehicles owned or leased by a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.
(c) "Transportation network company services" or "services" includes services provided under a contract between a transportation network company and a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.
Source: L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1409, § 6, effective June 5. L. 2022: (2.5) and (2.6) added and (6) amended, (SB 22-144), ch. 267, p. 1938, § 1, effective May 27.
40-10.1-603. Limited regulation.
Official source links: Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
Transportation network companies are governed exclusively by this part 6, except as otherwise provided in article 6 of title 25.5. A transportation network company is not subject to the commission's rate, entry, operational, or common carrier requirements, other than those requirements expressly set forth in this part 6.
Source: L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1411, § 6, effective June 5. L. 2022: Entire section amended, (HB 22-1114), ch. 396, p. 2823, § 7, effective August 10.
Cross references: For the legislative declaration in HB 22-1114, see section 1 of chapter 396, Session Laws of Colorado 2022.
40-10.1-604. Registration - financial responsibility of transportation network companies - primary liability insurance - insurance protection against uninsured motorists.
Official source links: Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
(1) A transportation network company shall comply with the filing requirements of part 3 and the registered agent requirement of part 7 of article 90 of title 7, C.R.S.
(2) A transportation network company shall file with the commission documentation evidencing that the transportation network company or the driver has secured primary liability insurance coverage for the driver for incidents involving the driver during a prearranged ride. Coverage for incidents involving a driver during a prearranged ride must be in the amount of at least one million dollars per occurrence. The insurance policy must provide coverage at all times the driver is engaged in a prearranged ride. This subsection (2) becomes effective ninety days after June 5, 2014.
(2.5) On and after August 10, 2022, for each transportation network company driver, the driver's transportation network company shall file with the commission, in a manner prescribed by the commission, documentation evidencing that the transportation network company has secured insurance coverage against damage caused by uninsured motorists, as described in section 10-4-609, for the driver and for each transportation network company rider in the driver's personal vehicle for incidents involving the driver during a prearranged ride.
Such coverage must be in the amounts of at least two hundred thousand dollars per person and four hundred thousand dollars per occurrence. The insurance policy must provide coverage to drivers and riders at all times the driver is engaged in a prearranged ride.
(3) For the period of time when a driver is logged into a transportation network company's digital network but is not engaged in a prearranged ride, the following insurance requirements apply:
(a) Repealed.
(b) On or before January 15, 2015, and thereafter, a driver or a transportation network company on the driver's behalf shall maintain a primary automobile insurance policy that:
(I) Recognizes that the driver is a transportation network company driver and covers the driver's provision of transportation network company services while the driver is logged into the transportation network company's digital network;
(II) Meets at least the minimum coverage of at least fifty thousand dollars to any one person in any one accident, one hundred thousand dollars to all persons in any one accident, and for property damage arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of thirty thousand dollars in any one accident; and
(III) Is one of the following:
(A) Full-time coverage similar to the coverage required by commission rules promulgated under section 40-10.1-107 (1);
(B) An insurance rider to, or endorsement of, the driver's personal automobile insurance policy required by the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.; or
(C) A corporate liability insurance policy purchased by the transportation network company that provides primary coverage for the period of time in which a driver is logged into the digital network.
(c) Repealed.
(d) If a transportation network company purchases an insurance policy under this subsection (3), it shall provide documentation to the commission evidencing that the transportation network company has secured the policy.
If the responsibility is placed on a driver to purchase insurance under this subsection (3), the transportation network company shall verify that the driver has purchased an insurance policy under this subsection (3).
(4) A driver's personal automobile insurance policy that complies with part 6 of article 4 of title 10, C.R.S., is sufficient to satisfy the compulsory insurance requirements thereof. An insurance policy required by subsection (2) or subsection (3) of this section:
(b) Need not separately satisfy the requirements of part 6 of article 4 of title 10, C.R.S.
(5) Nothing in this section requires a personal automobile insurance policy to provide coverage for the period of time in which a driver is logged into a transportation network company's digital network.
(6) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided on a pro rata basis among all of the applicable policies.
This equal division of responsibility may only be modified by the written agreement of all of the insurers of the applicable policies and the owners of those policies.
(7) In a claims coverage investigation, a transportation network company shall cooperate with an insurer that also insures the driver's transportation network company vehicle, including the provision of relevant dates and times during which an incident occurred that involved the driver while the driver was logged into a transportation network company's digital network.
(8) Nothing in this section modifies or abrogates any otherwise applicable insurance requirements set forth in title 10, C.R.S.
(9) If a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
The commission shall not assess any fines as a result of a violation of this subsection (9).
Source: L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1411, § 6, effective June 5. L. 2022: (2.5) added, (3)(c) repealed, and (7) amended, (HB 22-1089), ch. 169, p. 1036, § 1, effective August 10.
Editor's note: Subsection (3)(a) provided for the repeal of subsection (3)(a), effective July 1, 2015. (See L. 2014, p. 1411.)
40-10.1-605. Operational requirements - rules.
Official source links: Title 40 - Utilities (2025 PDF) | Colorado Revised Statutes hub | 2025 CRS titles download page
(1) The following requirements apply to the provision of services:
(a) A driver shall not provide services unless a transportation network company has matched the driver to a rider through a digital network. A driver shall not solicit or accept the on demand summoning of a ride, otherwise known as a "street hail".
(b) A transportation network company shall make available to prospective riders and drivers the method by which the transportation network company calculates fares or the applicable rates being charged and an option to receive an estimated fare.
(c) Upon completion of a prearranged ride, a transportation network company shall transmit to the rider an electronic receipt, either by electronic mail or via text message, documenting:
(I) The point of origin and destination of the prearranged ride;
(II) The total duration and distance of the prearranged ride;
(III) The total fare paid, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride; and
(IV) The driver's first name and telephone number.
(d) Before permitting a person to act as a driver on its digital network, a transportation network company shall confirm that the person has self-certified to the transportation network company through the transportation network company's online application or digital network that he or she is physically and mentally fit to drive, is at least twenty-one years of age, and possesses:
(I) A valid driver's license;
(II) Proof of automobile insurance; and
(III) Proof of a Colorado vehicle registration.
(IV) (Deleted by amendment, L. 2021.)
(e) A driver shall not offer or provide transportation network company services for more than twelve consecutive hours.
(f) A transportation network company shall implement an intoxicating substance policy for drivers that disallows any amount of intoxication of the driver while providing services. The transportation network company shall include on its website and mobile device application software a notice concerning the transportation network company's intoxicating substance policy.
(g) (I) A transportation network company shall conduct or have a certified mechanic conduct a safety inspection of a prospective driver's vehicle before it is approved for use as a personal vehicle and shall have periodic inspections of personal vehicles conducted thereafter, at intervals of at least one inspection per year. A safety inspection shall include an inspection of:
(A) Foot brakes;
(B) Emergency brakes;
(C) Steering mechanism;
(D) Windshield;
(E) Rear window and other glass;
(F) Windshield wipers;
(G) Headlights;
(H) Tail lights;
(I) Turn indicator lights;
(J) Stop lights;
(K) Front seat adjustment mechanism;
(L) The opening, closing, and locking capability of the doors;
(M) Horn;
(N) Speedometer;
(O) Bumpers;
(P) Muffler and exhaust system;
(Q) Tire conditions, including tread depth;
(R) Interior and exterior rear-view mirrors; and
(S) Safety belts.
(II) Effective ninety days after June 5, 2014, the commission may also conduct inspections of personal vehicles.
(h) A personal vehicle must:
(I) Have at least four doors; and
(II) Be designed to carry no more than eight passengers, including the driver.
(i) A transportation network company shall make the following disclosure to a prospective driver in the prospective driver's terms of service: While operating on the transportation network company's digital network, your personal automobile insurance policy might not afford liability coverage, depending on the policy's terms.
(j) (I) A transportation network company shall make the following disclosure to a If the vehicle that you plan to use to provide transportation network company services for our transportation network company has a lien against it, you must notify the lienholder that you will be using the vehicle for transportation services that may violate the terms of your contract with the lienholder.
(II) The disclosure set forth in subparagraph (I) of this paragraph (j) must be placed prominently in the prospective driver's written terms of service, and the prospective driver must acknowledge the terms of service electronically or by signature.
(k) A transportation network company shall make available to a rider a customer support telephone number on its digital network or website for rider inquiries.
(l) The disclosure requirements set forth in this subsection (1) take effect on July 1, 2014.
(m) (I) A transportation network company shall not disclose to a third party any personally identifiable information concerning a user of the transportation network company's digital network unless:
(A) The transportation network company obtains the user's consent to disclose personally identifiable information;
(B) Disclosure is necessary to comply with a legal obligation; or
(C) Disclosure is necessary to protect or defend the terms and conditions for use of the service or to investigate violations of the terms and conditions.
(II) The limitation on disclosure does not apply to the disclosure of aggregated user data and other information about the user that is not personally identifiable.
During the period of suspension of its certificate of public convenience and necessity, a taxicab company, shuttle company, or a subsidiary or affiliate of a taxicab company or shuttle company is exempt from taxi or shuttle standards under this article, the standards concerning the regulation of rates and charges under article 3 of this title, and any commission rules regarding common carriers promulgated under this article or article 3 of this title.
(o) Each transportation network company shall require that each personal vehicle providing transportation network company services display an exterior marking that identifies the personal vehicle as a vehicle for hire.
(q) A transportation network company that, for remuneration from a school or school activities shall use a technology-enabled integrated solution that provides end-to-end visibility into the ride for the transportation network company, the student's legal guardian, and the person that scheduled the ride.
(r) A transportation network company that, for remuneration from a school or school activities shall ensure that each driver providing the service receives training in mandatory reporting requirements, safe driving practices, first aid and cardiopulmonary resuscitation, education on special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures.
The transportation network company, not the driver, shall pay the cost of providing the training.
No later than September 1, 2022, the commission shall, in coordination with the department of education, promulgate rules providing for the approval of the training used, and the transportation network company must have the training approved by the commission.
(2) A transportation network company or a third party shall retain true and accurate inspection records for at least fourteen months after an inspection was conducted for each personal vehicle used by a driver.
(3) (a) Before a person is permitted to act as a driver through use of a transportation network company's digital network, the person shall:
(I) Obtain a criminal history record check pursuant to the procedures set forth in section 40-10.1-110 as supplemented by the commission's rules promulgated under section 40-10.1-110 or through a privately administered national criminal history record check, including the national sex offender database; and
(II) If a privately administered national criminal history record check is used, provide a copy of the criminal history record check to the transportation network company.
(b) A driver shall obtain a criminal history record check in accordance with subparagraph (I) of paragraph (a) of this subsection (3) every five years while serving as a driver.
(c) (I) A person who has been convicted of or pled guilty or nolo contendere to driving under the influence of drugs or alcohol in the previous seven years before applying to become a driver shall not serve as a driver. If the criminal history record check reveals that the person has ever been convicted of or pled guilty or nolo contendere to any of the following felony offenses, the person shall not serve as a driver:
(A) An offense involving fraud, as described in article 5 of title 18, C.R.S.;
(B) An offense involving unlawful sexual behavior, as defined in section 16-22- 102(9), C.R.S.;
(C) An offense against property, as described in article 4 of title 18, C.R.S.; or
(D) A crime of violence, as described in section 18-1.3-406, C.R.S.
(II) A person who has been convicted of a comparable offense to the offenses listed in subparagraph (I) of this paragraph (c) in another state or in the United States shall not serve as a driver.
(III) A transportation network company or a third party shall retain true and accurate results of the criminal history record check for each driver that provides services for the transportation network company for at least five years after the criminal history record check was conducted.
(IV) A person who has, within the immediately preceding five years, been convicted of or pled guilty or nolo contendere to a felony shall not serve as a driver.
(4) (a) Before permitting an individual to act as a driver on its digital network, a transportation network company shall obtain and review a driving history research report for the individual.
(b) An individual with the following moving violations shall not serve as a driver:
(I) More than three moving violations in the three-year period preceding the individual's application to serve as a driver; or
(II) A major moving violation in the three-year period preceding the individual's application to serve as a driver, whether committed in this state, another state, or the United States, including vehicular eluding, as described in section 18-9-116.5, C.R.S., reckless driving, as described in section 42-4-1401, C.R.S., and driving under restraint, as described in section 42-2-138, C.R.S.
(c) A transportation network company or a third party shall retain true and accurate results of the driving history research report for each driver that provides services for the transportation network company for at least three years.
(5) If any person files a complaint with the commission against a transportation network company or driver, the commission may inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint.
(6) (a) A transportation network company shall provide services to the public in a nondiscriminatory manner, regardless of: Geographic location of the departure point or destination once the driver and rider have been matched through the digital network; race; ethnicity; gender; sexual orientation, as defined in section 2-4-401(13.5); gender identity, as defined in section 2-4-401(3.5); gender expression, as defined in section 2-4-401(3.4); or disability that could prevent customers from accessing transportation. A driver shall not refuse to transport a passenger unless:
(I) The passenger is acting in an unlawful, disorderly, or endangering manner;
(II) The passenger is unable to care for himself or herself and is not in the charge of a responsible companion; or
(III) The driver has already committed to providing a ride for another rider.
(b) A transportation network company shall not impose additional charges for providing services to persons with physical or mental disabilities because of those disabilities.
(c) A driver shall permit a service animal to accompany a rider on a prearranged ride.
(d) If a rider with physical or mental disabilities requires the use of the rider's mobility equipment, a driver shall store the mobility equipment in the vehicle during a prearranged ride if the vehicle is reasonably capable of storing the mobility equipment.
If the driver is unable to store a rider's mobility equipment in the driver's vehicle, the driver shall refer the rider to another driver or transportation service provider with a vehicle that is equipped to accommodate the rider's mobility equipment.
(7) (a) A transportation network company is not liable for a driver's violation of subsection (6) of this section unless the driver's violation has been previously reported to the transportation network company in writing, and the transportation network company has failed to reasonably address the alleged violation.
The commission shall afford a transportation network company the same due process rights afforded transportation providers in defending against civil penalties assessed by the commission.
(b) The commission may assess a civil penalty up to five hundred fifty dollars under this subsection (7).
(8) Within ten days of receiving a complaint about a driver's alleged violation of subsection (6) of this section, the commission shall report the complaint to the transportation network company for which the driver provides services.
(9) A driver shall immediately report to the transportation network company any refusal to transport a passenger pursuant to paragraph (a) of subsection (6) of this section, and the transportation network company shall annually report all such refusals to the commission in a form and manner determined by the commission.
Session law source for the 2008 MedPay enactment referenced in the guide
Official source: Chapter 441, 2008 Session Laws (SB 08-011)