Liability FAQ

The Self-Insured Liability Program provides insurance coverage to State Departments and State Employees under the Risk Management Act (RMA), C.R.S. 24-30-1501 et seq.

The Colorado Governmental Immunity Act (CGIA) is the immunity protection afforded to public entities and public employees from liability. There are specific areas (waived areas) noted in the CGIA [C.R.S. 24-10-106] where the immunity for the State is waived. If negligent, the State would be responsible to pay for damages up to its percentage and limit of liability. The CGIA provides immunity for claims filed under State law only.

The State Office of Risk Management manages the claims filed with the Attorney General against the State of Colorado. Risk Management has posted the Attorney General's Notice of Claim Form on the Liability Claims page. The claim form can only be submitted via the mail or by dropping it off at the Attorney General's Office. Please note that the claim can not be filed with the AG’s office by email, fax or by phone call leaving the information. If you need the form to be mailed or emailed to you so you can fill it in and file it, you can call 303-866-3848 or 800-268-8092 and provide either your mailing address or the email address where the form can be sent to. Please make sure to spell out the email address or any names in the information being provided for response.

The State Office of Risk Management contracts with several companies to investigate claims. Therefore, every claim is investigated based on its own unique details. The Adjusters must investigate those details to make a determination, on behalf of the State.

Depending on the complexity of your claim, it usually takes 6 - 8 weeks to provide a decision on your claim once your claim is processed and assigned to an adjuster.

The status of a claim can be found on the Liability Claims page. The name of the claimant on the form, and the date of loss is required.

Liability must be established before any payment can be made. Until the adjuster has made the determination, the State can’t assist with any rental. If the State determines it can assist you with your damages, the adjuster will arrange for reimbursement of the reasonable rental costs while your vehicle is still being repaired. Reimbursement for out of pocket expenses will be included when the claim reaches final settlement. 

Risk Management does not require you to take your vehicle to a specific auto body shop. The Adjuster will ask for two estimates on the vehicle damages; those estimates can be provided from an auto body shop of your choice.

Because the State is paying you from State tax dollars, the State Office of Risk Management makes every effort to reimburse claimants with a fair amount that closely approximates your damages.

There is no formal appeal process. If you believe the Adjuster's decision is in error based on the facts of your loss, contact the State Office of Risk Management. Your claim will be reviewed by Risk Management staff and in some circumstances by the Attorney General's Office to ensure the Adjuster investigated the claim properly.