Yes. You will need to make a claim against his insurance for your property damage. If he does not have insurance for the property damage loss, he still owes you, but you may have to pursue him in either small claims court or county court (depending on the extent of the damage and/or the value of the car). Also, to the extent you may be injured and require medical care, you may want to make sure you leave open the possibility of pursuing a claim for personal (not property) injuries. In Colorado, the time limitation for personal injury claims is 3 years from the date of the accident.

Answer Applies to: Colorado
Replied: 9/23/2011

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