§ 42-7-102 — Legislative declaration

(1) The general assembly is acutely
aware of the toll in human suffering and loss of life, limb, and property caused by
negligence in the operation of motor vehicles in our state. Although it recognizes
that this basic problem can be and is being dealt with by direct measures designed
to protect our people from the ravages of irresponsible drivers, the general
assembly is also very much concerned with the financial loss visited upon innocent
traffic accident victims by negligent motorists who are financially irresponsible. In
prescribing the sanctions and requirements of this article, it is the policy of this
state to induce and encourage all motorists to provide for their financial
responsibility for the protection of others, and to assure the widespread availability
to the insuring public of insurance protection against financial loss caused by
negligent financially irresponsible motorists.

(2) (a) The general assembly hereby finds that motor vehicle accidents cause
a substantial economic impact in lost wages, medical bills, and property destruction
exacerbated by the following:

(I) Some negligent motorists are uninsured or flee the scene of an accident.

(II) Negligent motorists often attempt to avoid financial responsibility by
means such as fleeing the state, concealing their whereabouts, or failing to update
the address on their driver's license with the department of revenue, thereby
frustrating service of process and preventing the innocent victim from accessing
either the negligent driver's liability insurance policy or the uninsured motorist
coverage the victim has purchased.

(III) When innocent traffic accident victims cannot access either the
negligent driver's automobile liability policy or their own uninsured motorist
coverage, the burden of the uncompensated losses are borne by the taxpayer in the
form of taxes for medicaid, by trauma facilities in the form of uncompensated
hospital-related costs, and by the innocent victim.

(b) (I) The state of Colorado encourages the widespread availability of
uninsured or underinsured motorist insurance by requiring every motor vehicle
liability policy delivered or issued in this state to contain uninsured motorist
coverage unless the named insured rejects such coverage in writing.

(II) Because insurance benefits have been paid for by either the negligent
driver or the innocent victim for the purpose of compensating the innocent victim
for injuries or losses, the general assembly declares that it is necessary to simplify
the process for an innocent victim to access the negligent driver's liability
insurance policy or his or her own uninsured motorist coverage in order to prevent
the burden from being borne by the taxpayer or the health-care system.

(c) Therefore, the general assembly declares that the policy of Colorado is
that all motor vehicle liability policies shall require policyholders of an automobile
liability policy to appoint their insurance carrier as an agent for the purpose of
service of process in certain limited instances in accordance with section 42-7-414
(3), and to deem a defendant to be uninsured for purposes of uninsured or
underinsured motorist coverage if the court deems service on the defendant's
insurance company to be ineffective or insufficient.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2473, � 1, effective January 1, 1995. L. 2010: Entire section amended, (HB 10-1164), ch. 196, p. 846, � 2, effective January 1, 2011.