If you are hit by an uninsured driver in Colorado, your own uninsured/underinsured motorist (UM/UIM) coverage is usually where your injury claim starts. If the other driver has some insurance but not enough, your underinsured motorist coverage can add to their policy limits. You can also sue an uninsured driver personally, though collecting from them can be hard.

Hit by an Uninsured Driver in Colorado

One of the first things most of us are taught to do after a crash is exchange insurance information. What if the other driver or drivers involved don’t have insurance or their insurance is minimal? Unfortunately, this happens more than one would like to think. You have options, and help is available through injury lawyers in Colorado.

Is Colorado an At-Fault State for Car Crashes?

You may have heard the terms no-fault or at-fault when it comes to car insurance or car crashes in certain states. Colorado follows the fault-based method of managing crashes and car insurance claims. What this means to you is that if the person that hit you is found to be at fault, the damages that result from the car crash will come from proceeds from their insurance policy.

An insurance company will pay for vehicle repair or will pay you the current value of your vehicle if your vehicle is declared a total loss. They will not pay your medical bills until after you are completely done with your medical treatment.

What if the Other Driver’s Insurance Is Not Enough?

In some cases, you or the person you were in a crash with will be uninsured or underinsured. Uninsured is when the person at fault for the car crash has no insurance coverage at all. Underinsured is when an individual has an insurance policy that isn’t sufficient to cover all the damages incurred in the crash. When either of these situations happens, you are going to look to your car insurance to help cover your injuries and damages. And the good news is as long as the car, truck, or motorcycle crash was not your fault, your insurance company cannot directly use the crash to raise your auto insurance rates.

In Colorado, if the at-fault person does not have enough insurance to compensate you for your damages, your underinsured motorist coverage is added on top of the at-fault party’s insurance. Their insurance plus your insurance equals the total amount available to help you with your injuries from the car crash. For example, if an at-fault party only has minimum limits, which is $25,000 in Colorado, you will have their $25,000 plus your insurance limits to cover your injuries. If you also have $25,000, that means that there is $50,000 total in insurance coverage to help you recover what you lost in the crash.

It is important to keep in mind that if you agree to a settlement with the at-fault party that is less than the full policy limits of their insurance policy, your underinsured motorist coverage will either deny your claim in its entirety or offset the dollar amount of the policy that you did not receive against the limits of your policy.

Think of it this way: if the at-fault party has a $25,000 insurance policy and you have a $100,000 insurance policy, and you settle with the at-fault party for $15,000, your insurance carrier only has to offer you $90,000 in insurance coverage as opposed to the full $100,000. It is also likely that your insurance company will argue that you do not have damages exceeding $15,000 because if you did have those damages, you never would have settled for less than the full amount.

Finally, even though they are your own insurance company and you’ve probably been paying them premiums for years, insurance companies are always looking for ways to reduce the money they have to pay you. Despite the fact that if it’s your own insurance company, they have a duty of good faith and fair dealing, they may try and argue that you were partially at fault for the collision in an attempt to reduce or eliminate your chances of recovery.

Colorado follows the comparative negligence rule, meaning that you can recover damages from any party found more at fault than you were for the crash. Your damages will be reduced in proportion to the percentage of fault assigned to you, but if you are found 50 percent or more at fault, you cannot recover at all. Your insurance company can make this argument even if the other person’s insurance company did not. Remember, the job of a lawyer hired by an insurance company is to make sure the insurance company pays as little as possible when it comes to compensating you for a car crash.

What if the Other Driver Was Uninsured? Who Pays for My Damages?

In some cases, the other driver won’t have insurance coverage, making it impossible to recover any damages through their insurance policy. In this case, you can consider bringing a lawsuit against them personally to recover damages. This would mean that the costs they would need to cover would come out of their pocket.

In most cases, however, the reason the uninsured driver has for not insuring their vehicle is that they can’t afford it, which means the chances of you obtaining compensation from them can be challenging. What can be done, however, is you can work with an attorney and force their hand through wage garnishments or liens that can be set in place to help recover the costs that you incurred during the crash.

Choosing Coverage That Protects You

In Colorado, the minimum liability coverage is $25,000 for bodily injury or death to any one person, $50,000 for bodily injury or death to all persons in one crash and $15,000 for property damage. If you have been seriously or permanently injured in a crash, $25,000 does not go very far, so it is worth protecting yourself with uninsured/underinsured motorist coverage, higher limits and medical payments coverage. Learn more in Uninsured and Underinsured Motorist Coverage in Colorado.

protect yourself by purchasing your own uninsured/underinsured

Steps to Protect Yourself After the Crash

Gather all information, such as the driver’s name and insurance information, if they have insurance.
Seek medical attention immediately and delegate the rest of this list if you have someone with you. It is important to note that even if you don’t have immediate medical concerns, it is common to discover injuries you didn’t realize immediately due to shock or adrenaline shortly after a crash. Seeking medical attention immediately documents your injuries and tells an insurance company that you are injured.
It is imperative not to verbally assume guilt or responsibility for the crash to witnesses or the other driver. This can interrupt your ability to obtain fair compensation later.
Report the crash to the proper authorities. Ensure that your version of the crash is documented with the police, not just that of the other parties involved.
Take as many photos or videos as possible of the crash scene, the area in which the crash occurred, and the vehicles involved. This can help to establish fault in the future, and not only will courts be looking at the other cars but the environmental factors such as the weather during the crash, the lighting, or the condition of the roadway.
Contact an attorney. They can assist you with the necessary steps, such as communicating with insurance companies or medical facilities to ensure you do your due diligence.

Records to Gather for Your Claim

Both drivers’ insurance policy information, including your own declarations page
The police report and any other crash records
Medical bills and records
Repair estimates or total-loss paperwork
Letters, emails and notes from calls with any insurance company

Talk to Greer Law Group After a Crash With an Uninsured Driver

Any crash can feel overwhelming. Being involved in one where the damages are quickly mounting, and you realize they don’t have sufficient insurance can feel like a personal nightmare. It doesn’t have to. Attorneys can take away much of the stress of dealing with insurance companies and the uncertainty of the unexpected changes in your life that were caused through no fault of your own. Consult an attorney with the skill set and passion for advocacy your case calls for.

They can work with insurance companies on your behalf, gather evidence to build a thorough and productive case for you to recover damages, and provide professional guidance as to what to do each step of the way. Call 303-331-6460 or contact us online.

Hit by an Uninsured Driver in Colorado: Your Options