FCA Auto Insurance Series: The Illusions of Auto Insurance
Subtitle: When "Mandatory" Coverage Isn't Real Insurance Coverage.
Episode 1: The Illusion that a Policy is Just a Private Contract
• Description: Most people believe buying auto insurance is a private agreement between them and the insurance company. Colorado law makes these policies a mandatory component of public safety infrastructure, but they are sold as products, not contracts. This episode explains why the administration of the policy is akin to the warranty on a toaster, when you reach out when it breaks and face an adversarial process to fix it. Insurers treat you like the buyer of a product required to legally drive a vehicle in Colorado, not the dignity of a contractual party with mutual expectations and promises. Thus is it easy to set aside good faith when a crash occurs.
• The Law: We explore C.R.S. § 10-4-619 (Compulsory Coverage) and C.R.S. § 10-4-620 (Required Limits) to show how the state mandates financial responsibility. We also look at C.R.S. §§ 10-3-1115 & 1116, which punish the unreasonable delay or denial of these mandated benefits.
Authorities (Full Text):
• C.R.S. § 10-4-619 (Coverage compulsory): https://colorado.public.law/statutes/crs_10-4-619
• C.R.S. § 10-4-620 (Required coverage / minimum limits): https://colorado.public.law/statutes/crs_10-4-620
• C.R.S. § 10-4-609 (UM/UIM offer requirement): https://colorado.public.law/statutes/crs_10-4-609
• C.R.S. §§ 10-3-1115 & 10-3-1116 (Unreasonable delay/denial; remedies):
https://colorado.public.law/statutes/crs_10-3-1115 and https://colorado.public.law/statutes/crs_10-3-1116
Episode 2: The Illusion that Trauma Care is “Free”
• Description: Victims often assume their health insurance or the at-fault driver will automatically pay medical bills. This episode exposes the reality of "Hospital Liens," where trauma charges chase the settlement money, often bypassing insurance entirely.
• The Law: We break down C.R.S. § 38-27-101 (Hospital Liens) to explain how hospitals attach debt to your injury claim, and contrast this with C.R.S. § 10-4-635, which mandates MedPay coverage to fund immediate care.
Authorities (Full Text):
• C.R.S. § 38-27-101 (Hospital liens): https://colorado.public.law/statutes/crs_38-27-101
• C.R.S. § 10-4-635 (MedPay requirements): https://colorado.public.law/statutes/crs_10-4-635
• C.R.S. § 10-16-106.5 (Prompt payment of claims): https://colorado.public.law/statutes/crs_10-16-106.5
Episode 3: The Illusion that Minimum Limits Are “Enough”
• Description: Colorado’s mandatory insurance limits ($25,000) haven't kept pace with inflation. A single helicopter ride can bankrupt a "fully insured" driver. We examine the math of ruin and why statutory minimums often mean you are per se underinsured.
• The Law: Using C.R.S. § 10-4-620 (Required Coverage), we show the dangerous gap between legal minimums and actual medical costs. We also discuss C.R.S. § 10-4-609 (UM/UIM) as the only statutory hedge against this systemic underinsurance.
Authorities (Full Text):
• C.R.S. § 10-4-620 (Minimum limits): https://colorado.public.law/statutes/crs_10-4-620
• C.R.S. § 10-4-609 (UM/UIM): https://colorado.public.law/statutes/crs_10-4-609
• C.R.S. § 13-80-101(1)(n) (Three-year limitation for motor-vehicle torts): https://colorado.public.law/statutes/crs_13-80-101
Episode 4: The Illusion of “Full Coverage”
• Description: "Full Coverage" is a marketing slogan, not a legal term. Agents often sell policies that look comprehensive but reject vital Uninsured Motorist (UM/UIM) protection. We define what "Full Coverage" should mean versus what is actually sold.
• The Law: We analyze C.R.S. § 10-4-609 to show how carriers reduce exposure by minimizing UM/UIM offers, and apply C.R.S. § 10-3-1104 (Deceptive Practices) to misleading sales tactics.
Authorities (Full Text):
• C.R.S. § 10-4-609 (UM/UIM): https://colorado.public.law/statutes/crs_10-4-609
• C.R.S. § 10-3-1104 (Unfair or deceptive practices in insurance): https://colorado.public.law/statutes/crs_10-3-1104
• C.R.S. §§ 10-3-1115 & 10-3-1116 (Bad-faith delay/denial):
https://colorado.public.law/statutes/crs_10-3-1115 and https://colorado.public.law/statutes/crs_10-3-1116
Episode 5: The Illusion that the Adjuster Is Your Advisor
• Description: "I'm here to take care of you." It’s a common opening line, but the adjuster is an adversary paid to minimize payout. This episode explains the legal and ethical barriers that prevent an adjuster from ever being your "advisor."
• The Law: We examine C.R.S. § 10-3-1104 regarding deceptive representations and Colo. RPC 4.3, which legally prohibits opposing counsel (and by extension, their agents) from giving advice to unrepresented persons.
Authorities (Full Text):
• C.R.S. § 10-3-1104 (Unfair/deceptive practices): https://colorado.public.law/statutes/crs_10-3-1104
• C.R.S. §§ 10-3-1115 & 10-3-1116 (Unreasonable delay/denial):
https://colorado.public.law/statutes/crs_10-3-1115 and https://colorado.public.law/statutes/crs_10-3-1116
• Colo. RPC 4.3 (Dealing with unrepresented person) (PDF):
https://www.cobar.org/Portals/COBAR/Repository/RPC/Transactions%20with%20Persons%20other%20than%20Clients/Rule%204.3%20-%20Dealing%20with%20Unrepresented%20Person.pdf
Episode 6: The Illusion that Recorded Statements Are Harmless
• Description: Insurers demand recorded statements while victims are still medicated or in shock. These aren't for clarity; they are for "comparative negligence" defenses. We explain why "just for our files" is a trap.
• The Law: We look at C.R.S. § 13-21-301, which restricts taking statements from hospitalized patients, and C.R.S. § 13-21-111 (Comparative Negligence), showing how early words are twisted to shift fault.
Authorities (Full Text):
• C.R.S. § 13-21-301 (Settlements/releases/statements of injured persons): https://colorado.public.law/statutes/crs_13-21-301
• C.R.S. § 13-21-111 (Comparative negligence): https://colorado.public.law/statutes/crs_13-21-111
• C.R.S. § 13-21-111.5 (Pro rata liability/apportionment): https://colorado.public.law/statutes/crs_13-21-111.5
Episode 7: The Illusion that Quick Settlement Equals Justice
• Description: Insurers push "quick cash" offers before the full extent of an injury is known. This episode exposes the "swoop and settle" tactic and why Colorado law views early settlements with extreme skepticism.
• The Law: We cite C.R.S. § 13-21-301 (Settlements & Releases) regarding the timing of valid agreements and C.R.S. § 10-3-1117, which requires full policy disclosure before a fair settlement can occur.
Authorities (Full Text):
• C.R.S. § 13-21-301 (Early settlements/restrictions): https://colorado.public.law/statutes/crs_13-21-301
• C.R.S. § 10-3-1117 (Disclosure; $100/day penalties): https://colorado.public.law/statutes/crs_10-3-1117
• C.R.S. §§ 6-1-105 & 6-1-113 (CCPA):
https://colorado.public.law/statutes/crs_6-1-105 and https://colorado.public.law/statutes/crs_6-1-113
Episode 8: The Illusion of the “Personal” Work Truck
• Description: The core of our advocacy campaign. Thousands of work trucks masquerade as "personal vehicles" to avoid commercial premiums. When they crash, coverage is denied. We expose the structural fraud of the "working vehicle" loophole.
• The Law: We apply C.R.S. § 42-4-1409 (Compulsory Insurance) to show that "insured to register" does not mean "insured for work", and use C.R.S. § 13-21-111.5 to pin liability back on the employer hiding behind the driver.
Authorities (Full Text):
• C.R.S. § 10-4-620 (Required coverage): https://colorado.public.law/statutes/crs_10-4-620
• C.R.S. § 42-4-1409 (Compulsory insurance): https://colorado.public.law/statutes/crs_42-4-1409
• C.R.S. § 13-21-111.5 (Allocation of fault / vicarious liability): https://colorado.public.law/statutes/crs_13-21-111.5
Episode 9: The Illusion that You “Have To” Sign the Global Release
• Description: Insurers often demand a "Global Release" that waives all future rights, even for unknown injuries. They act as if this is mandatory. It is not. We explain your right to refuse deceptive closure terms.
• The Law: We use C.R.S. § 6-1-113 (Consumer Protection Act) to challenge releases obtained through deceptive trade practices and C.R.S. § 13-21-102 regarding willful misconduct in securing releases.
Authorities (Full Text):
• C.R.S. § 13-21-301: https://colorado.public.law/statutes/crs_13-21-301
• C.R.S. § 6-1-113 (CCPA remedies): https://colorado.public.law/statutes/crs_6-1-113
• C.R.S. § 13-21-102 (Exemplary damages): https://colorado.public.law/statutes/crs_13-21-102
Episode 10: The Illusion of “Good Faith” Because the Company Says So
• Description: Every insurer claims to act in "Good Faith." But in Colorado, Good Faith isn't a motto; it's a statutory standard with severe penalties for violation. We define what "Bad Faith" actually looks like in practice.
• The Law: We detail C.R.S. §§ 10-3-1115 & 1116, which allow for double damages and attorney fees when benefits are unreasonably delayed or denied.
Authorities (Full Text):
• C.R.S. § 10-3-1104: https://colorado.public.law/statutes/crs_10-3-1104
• C.R.S. §§ 10-3-1115 & 10-3-1116:
https://colorado.public.law/statutes/crs_10-3-1115 and https://colorado.public.law/statutes/crs_10-3-1116
• C.R.S. § 6-1-113: https://colorado.public.law/statutes/crs_6-1-113
Episode 11: The Illusion that Policy Disclosures Happen Automatically
• Description: You shouldn't have to beg to know how much insurance the driver who hit you has. Colorado law mandates disclosure, yet insurers fight to hide it. We explain the "30-Day Rule" and the penalties for secrecy.
• The Law: We focus on C.R.S. § 10-3-1117, highlighting the $100-per-day penalty insurers face for failing to disclose policy limits upon request.
Authorities (Full Text):
• C.R.S. § 10-3-1117: https://colorado.public.law/statutes/crs_10-3-1117
• C.R.S. § 13-80-103(1)(d) (Limitations for certain insurance actions): https://colorado.public.law/statutes/crs_13-80-103
Episode 12: The Illusion that Providers and Insurers Will Protect You
• Description: Patients often feel caught in the middle of a war between health providers and auto insurers. This episode explains why neither side is prioritizing your financial recovery and how statutes are weaponized against the patient.
• The Law: We revisit C.R.S. § 38-27-101 (Hospital Liens) and C.R.S. § 10-16-106.5 (Prompt Payment) to show the misalignment of incentives in the billing cycle.
Authorities (Full Text):
• C.R.S. § 38-27-101: https://colorado.public.law/statutes/crs_38-27-101
• C.R.S. § 10-4-635: https://colorado.public.law/statutes/crs_10-4-635
• C.R.S. § 10-16-106.5: https://colorado.public.law/statutes/crs_10-16-106.5
Episode 13: The Illusion that Criminal Courts Will Take Care of Victims
• Description: When a drunk or reckless driver is prosecuted, victims assume the criminal court will handle their compensation. It won't. We explain the difference between criminal restitution and civil liability.
• The Law: We contrast C.R.S. § 42-4-1301 (DUI statutes) and the Victim Rights Act (§ 24-4.1-302) with the civil necessity of C.R.S. § 13-21-102 (Exemplary Damages) to show why civil action is required for financial wholeness.
Authorities (Full Text):
• C.R.S. § 42-4-1301 (DUI): https://colorado.public.law/statutes/crs_42-4-1301
• C.R.S. § 24-4.1-302 (Victim Rights Act definitions): https://colorado.public.law/statutes/crs_24-4.1-302
• C.R.S. § 13-21-102: https://colorado.public.law/statutes/crs_13-21-102
Episode 14: The Illusion that You Can Ignore Deadlines
• Description: "We'll work it out" is a tactic to run out the clock. Insurance claims have strict deadlines (Statutes of Limitations). We map out the "Three-Year Wall" and why insurers have no duty to warn you about it.
• The Law: We emphasize C.R.S. § 13-80-101(1)(n) (3-Year Tort Limitation) and the shorter limitations for insurance disputes under C.R.S. § 13-80-103.
Authorities (Full Text):
• C.R.S. § 13-80-101(1)(n): https://colorado.public.law/statutes/crs_13-80-101
• C.R.S. § 13-80-103: https://colorado.public.law/statutes/crs_13-80-103
• C.R.S. § 10-3-1117: https://colorado.public.law/statutes/crs_10-3-1117
Episode 15: The Illusion that MedPay Is "Dangerous" to Use
• Description: There is a myth that using your own MedPay coverage will raise your rates or hurt your case. The opposite is true. MedPay is a dedicated fund you paid for. We explain how to use it without fear.
• The Law: We clarify the mandate of C.R.S. § 10-4-635 (MedPay) and how bad faith laws (C.R.S. §§ 10-3-1115/1116) protect you from retaliation for using it.
Authorities (Full Text):
• C.R.S. § 10-4-635: https://colorado.public.law/statutes/crs_10-4-635
• C.R.S. §§ 10-3-1115 & 10-3-1116:
https://colorado.public.law/statutes/crs_10-3-1115 and https://colorado.public.law/statutes/crs_10-3-1116
Episode 16: The Illusion that Employers Can Shift Responsibility to Workers
• Description: When a worker crashes a personal truck on company time, the employer often claims, "It's his truck, not ours." We expose this as a failed legal defense and explain Vicarious Liability.
• The Law: We apply C.R.S. § 13-21-111.5 to establish employer liability and C.R.S. § 42-7-301 regarding financial responsibility for commercial operations.
Authorities (Full Text):
• C.R.S. § 13-21-111.5: https://colorado.public.law/statutes/crs_13-21-111.5
• C.R.S. Title 42, Article 7 (Financial responsibility gateway): https://colorado.public.law/statutes/crs_title_42_article_7
• C.R.S. § 10-4-620: https://colorado.public.law/statutes/crs_10-4-620
Episode 17: The Illusion that Project Owners Are Above Responsibility
• Description: On complex job sites (like solar farms or construction zones), project owners try to insulate themselves with layers of subcontractors. We explain how "upstream" entities remain liable for the hazards they create.
• The Law: We use C.R.S. § 13-21-115 (Premises Liability) and C.R.S. § 13-21-111.5 (Allocation of Fault) to show how liability travels up the chain.
Authorities (Full Text):
• C.R.S. § 13-21-115 (Premises Liability Act): https://colorado.public.law/statutes/crs_13-21-115
• C.R.S. § 13-21-111.5: https://colorado.public.law/statutes/crs_13-21-111.5
Episode 18: The Illusion that It’s Acceptable to Hide the Real Insurer
• Description: In commercial crashes, the "real" insurance is often an excess or umbrella policy that the defense tries to hide. We discuss the ethics and statutes that make hiding coverage a sanctionable offense.
• The Law: We combine C.R.S. § 10-3-1117 (Disclosure) with Colo. RPC 3.3 and 4.1 (Candor and Truthfulness) to frame concealment as ethical misconduct.
Authorities (Full Text):
• C.R.S. § 10-3-1117: https://colorado.public.law/statutes/crs_10-3-1117
• C.R.S. § 10-3-1104(1)(a), (h): https://colorado.public.law/statutes/crs_10-3-1104
• Colo. RPC rules collection: https://www.cobar.org/rulesofprofessionalconduct
Episode 19: The Illusion that Regulators Are Toothless
• Description: Victims often feel helpless against giant insurers. We explain that the Division of Insurance (DOI) has teeth—if you know how to file a complaint that triggers an audit.
• The Law: We detail the enforcement powers under C.R.S. § 10-3-1104 (Unfair Competition) and the reporting duties of attorneys under Colo. RPC 8.3.
Authorities (Full Text):
• C.R.S. § 10-3-1104: https://colorado.public.law/statutes/crs_10-3-1104
• C.R.S. § 10-16-106.5: https://colorado.public.law/statutes/crs_10-16-106.5
• Colo. RPC rules collection: https://www.cobar.org/rulesofprofessionalconduct
Episode 20: The Illusion that a Signed Release is the End
• Description: Even if you signed a release, if it was obtained through fraud, concealment, or coercion, it may not be valid. We conclude the series by explaining that truth matters more than signatures.
• The Law: We use C.R.S. § 6-1-113 (CCPA Remedies) and C.R.S. § 13-21-301 to argue that releases obtained via statutory violations are voidable.
Authorities (Full Text):
• C.R.S. § 13-21-301: https://colorado.public.law/statutes/crs_13-21-301
• C.R.S. § 6-1-113: https://colorado.public.law/statutes/crs_6-1-113
• C.R.S. § 10-3-1117: https://colorado.public.law/statutes/crs_10-3-1117