Colorado § 10-4-639 - Claims practices for property damage.
Full text of Colorado Colorado Revised Statutes § 10-4-639 — Claims practices for property damage., with citation guidance and answers to common questions.
§ 10-4-639. Claims practices for property damage.
(1) An insurer shall pay title fees, sales tax, and any other transfer or registration fee associated with the total loss of a motor vehicle.
(2) An insurer shall clearly disclose to an insured or inform a third-party claimant what benefits are provided related to towing and storage of a motor vehicle that sustains property damage and shall specifically advise an insured or third-party claimant concerning excess charges that may be incurred related to towing and storage of a motor vehicle for which the insured or third-party claimant may be responsible.
(3) An insurer shall establish a fair and consistent method for determining total loss of a motor vehicle. Such method shall include consideration of unique characteristics of the motor vehicle and a credible source of valuation. An insurer shall maintain a record of its methodology for determining total loss evaluation and provide such methodology to the commissioner upon request. The commissioner may promulgate rules for the administration and enforcement of this subsection (3). An insurer may not use different credible sources of valuation only to determine the lowest amount payable for the total loss of the motor vehicle.
(4) The commissioner shall promulgate rules concerning when payments for any applicable replacement motor vehicle shall be made by an insurer and collision waivers for third-party claimant coverage.
Source: L. 2004: Entire section added, p. 895, § 4, effective May 21.
ANNOTATION
The use of the word "shall" in subsection (1) requires an insurer to reimburse the insured for the registration fee associated with the total loss of a vehicle. Trudgian v. LM Gen. Ins. Co., 2020 COA 147, 490 P.3d 944.
This section does not create an implied right of action to enforce the payment of title or registration fees. No clear legislative intent to create an implied right of action is discernable. Therefore, the court will not speak over legislative silence. Trudgian v. LM Gen. Ins. Co., 2024 COA 87, 558 P.3d 974.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 10-4-639
What does Colorado Revised Statutes § 10-4-639 cover?
Section 10-4-639 ("Claims practices for property damage.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 10-4-639?
A common citation format is "Colorado Revised Statutes § 10-4-639" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 10-4-639 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.