First Regular Session
Sixty-first General Assembly
LLS NO. 970523.01 EBD
SENATE BILL 97095
STATE OF COLORADO
BY SENATOR Phillips
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING REQUIRING ARBITRATION FOR BODILY INJURY
CLAIMS ARISING OUT OF THE OPERATION OF A MOTOR VEHICLE.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
In claims for damages for bodily injury caused by
a motor vehicle accident, requires an attorney filing suit on
behalf of an injured party to make a good faith certification
regarding the amount of damages sought for bodily injuries. Requires
claims of $25,000 or less to be arbitrated in accordance with
the terms of this act and the Colorado "Uniform
Arbitration Act".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 104714, Colorado Revised Statutes, 1994 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:
104714. Limitation on tort actions. (3) NOT WITHSTANDING THE PROVISIONS OF SECTION 104708, IN ANY CLAIM FOR DAMAGES FOR BODILY INJURY CAUSED BY A MOTOR VEHICLE ACCIDENT, AN ATTORNEY FOR A PLAINTIFF SHALL INCLUDE IN THE COMPLAINT A GOOD FAITH CERTIFICATION OF THE AMOUNT OF DAMAGES SOUGHT TO COMPENSATE FOR PLAINTIFF'S BODILY INJURY. IF THE AMOUNT OF SUCH CERTIFICATION IS EQUAL TO OR LESS THAN TWENTYFIVE THOUSAND DOLLARS, THE COURT SHALL REFER THE CLAIM TO ARBITRATION FOR RESOLUTION, PURSUANT TO PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to causes of action filed on or after said date.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.