State Resource
Colorado Vehicle Appraisal & Insurance Claim Resources
Colorado has strong statutory and regulatory requirements governing automobile insurance claims and total-loss vehicle valuation under C.R.S. §10-4-639 and Colorado Division of Insurance Regulation 5-2-15 (3 CCR 702-5). This page provides educational information for vehicle owners, insurance carriers, attorneys, appraisers, and other industry professionals.
Appraisal Classification: POLICY-DEPENDENT APPRAISAL
The availability of an appraisal clause in a Colorado automobile insurance claim depends on the language of the applicable policy. No Colorado statute independently mandating an appraisal clause in automobile insurance policies has been independently verified. Colorado does have strong statutory and regulatory requirements governing first-party automobile total-loss settlements under C.R.S. §10-4-639 and Regulation 5-2-15.
Colorado Total-Loss Statute — C.R.S. §10-4-639
C.R.S. §10-4-639 (Claims Practices for Property Damage) establishes important state-specific rules for motor-vehicle total-loss settlements in Colorado. Under this statute, Colorado requires insurers to pay title fees, sales tax, and applicable transfer and registration fees associated with a motor-vehicle total loss.
C.R.S. §10-4-639 also requires insurers to establish a fair and consistent method for determining total loss, to consider the unique characteristics of the vehicle, to use a credible valuation source, to maintain the valuation methodology, and not to switch between valuation sources merely to obtain the lowest payable amount.
The requirement to pay sales tax and title/transfer/registration fees in connection with a Colorado motor-vehicle total loss is established by C.R.S. §10-4-639 and is not merely a matter of policy language or general practice.
Colorado Division of Insurance Regulation 5-2-15 (3 CCR 702-5)
Colorado Division of Insurance Regulation 5-2-15 (3 CCR 702-5) requires written procedures for total-loss valuation and documentation of the credible source and methodology used. The claim file must document consideration of unique vehicle characteristics.
Unique vehicle characteristics that must be considered and documented under Regulation 5-2-15 include: classic status, unique finishes, mileage, and special accessories. This documentation requirement is particularly relevant to vehicles with modifications, classic or specialty status, or other features that may affect value.
Regulation 5-1-14 may remain relevant to broader claims-handling and timing requirements, but it is not the primary total-loss valuation authority. C.R.S. §10-4-639 and Regulation 5-2-15 govern total-loss valuation specifically.
Insurance Appraisal Clause in Colorado
Colorado automobile insurance policies commonly include an appraisal clause that provides a mechanism for resolving disputes over the amount of a loss. The availability of appraisal in a particular claim depends on the language of the applicable policy. No Colorado statute independently mandating an appraisal clause in automobile insurance policies has been independently verified.
Under a typical automobile insurance appraisal clause, when the insurer and the insured disagree on the amount of a loss, either party may demand appraisal. Each party selects a competent, independent appraiser. The two appraisers attempt to agree on the amount of the loss. If they cannot agree, they select an umpire. Any two of the three must agree for the appraisal award to be binding.
Questions about whether appraisal is available in a specific Colorado claim should be directed to a qualified attorney familiar with Colorado insurance law.
Diminished Value in Colorado
Diminished value claims in Colorado depend on the type of claim and the applicable policy language. No Colorado-specific appellate authority on diminished value has been independently verified for this page. Questions about diminished value recovery in a specific Colorado claim should be directed to a qualified attorney familiar with Colorado insurance and tort law.
Official Sources & References
- C.R.S. §10-4-639 — Claims Practices for Property Damage — Colorado Legislature — motor-vehicle total-loss valuation, taxes, fees. leg.colorado.gov
- Colorado Division of Insurance Regulation 5-2-15 (3 CCR 702-5) — Colorado Secretary of State — total-loss valuation procedures and documentation. www.sos.state.co.us
- Colorado Division of Insurance — Consumer Resources — Consumer guidance on automobile insurance claims. doi.colorado.gov
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