You likely know that if you are hit by a negligent driver in Denver, the at-fault party’s liability insurance coverage is responsible for compensating you. But what if the at-fault driver doesn’t have insurance?
If you were hit by a driver in Denver who was uninsured or didn’t have enough insurance to cover your damages, you might be confused about your legal rights and options. An experienced Denver uninsured & underinsured accident lawyer from Dulin McQuinn Young can review your situation and auto insurance policy to explain your legal options.
Our dedicated legal team has over 20 years of experience fighting to protect the rights of accident victims. Contact us today for a free consultation.
Colorado’s Mandatory Insurance Requirements
Colorado is an at-fault insurance state for car accidents, meaning that the at-fault driver is responsible for paying the injury victim for the damage they caused through their negligence. This is usually accomplished by filing a claim with the at-fault driver’s liability insurance provider, which pays for someone else’s damages.
Colorado law requires all drivers to maintain insurance in at least the following minimum amounts:
- $25,000 for bodily injury or death to one person in an accident
- $50,000 for bodily injury or death to more than one person in an accident
- $15,000 for property damage in an accident
Failing to maintain mandatory insurance can result in the offender losing their driving privileges and facing fines. Additionally, if the uninsured driver is responsible for an accident, their personal assets could be in jeopardy.
Why Do I Need Uninsured or Underinsured Motorist Coverage?
Even though it’s the law, many people in Colorado drive without insurance. According to the Insurance Information Institute, 19.7% of Colorado drivers drive without insurance. This means that one in five drivers could be uninsured.
Colorado consistently ranks among the top ten states with the highest rates of uninsured drivers, so the odds are that if you’re in an accident, the other driver may be uninsured.
Even if the other driver has insurance, if you suffer any type of serious injury, your medical bills alone will likely surpass the minimum amount of liability insurance, let alone compensate you for your lost wages or considerable pain and suffering.
Uninsured and underinsured motorist coverage can help provide additional coverage to protect you when the at-fault driver is irresponsible.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage pays for your damages when the at-fault driver has no insurance. This insurance also applies in cases involving hit-and-run accidents where the at-fault driver is not identified.
Pedestrians who are injured can file a claim with their uninsured motorist coverage, too, after a hit-and-run.
Uninsured motorist coverage is part of your own auto insurance policy, so the limits are based on the insurance you purchased at the time you bought your auto policy. The people included in your policy might include:
- Yourself
- Family members who live in the same household as the insured
- Passengers in the vehicle when the insured vehicle was hit
Underinsured motorist coverage kicks in if the at-fault driver does not have adequate insurance to cover your damages. Many Colorado drivers only carry the minimum amount of auto liability insurance required by law. However, the minimum amount of coverage may be insufficient if the accident victim suffered serious injuries or multiple people were injured in the accident.
This insurance provides additional coverage for injury victims in this situation, covering the difference between the other driver’s liability insurance under their bodily injury limits and your underinsured motorist policy limits.
For example, if you sustained damages of $50,000, and the other driver only had $25,000 in liability insurance for bodily injury, you could seek the remaining $25,000 under your underinsured motorist coverage.
Is Uninsured Motorist Coverage Required in Colorado?
Colorado law requires insurance companies to offer uninsured/underinsured motorist coverage to consumers when they purchase auto insurance. This coverage is part of every auto insurance policy unless the consumer specifically rejects it in writing.
Can I Sue the Uninsured Motorist in Colorado?
If someone else’s negligence causes your injuries, you do have the right to sue them for compensation for your injuries. Whether or not you should sue an uninsured driver will depend on your particular situation. If the other driver has assets or can have their wages garnished to pay a judgment, you might consider suing the uninsured motorist directly.
However, if the driver couldn’t afford insurance, it may be that they don’t have sufficient assets to cover a judgment. They could also file for bankruptcy, which could delay the proceedings or prevent you from recovering compensation.
An experienced personal injury attorney can carefully evaluate the situation and determine if it makes financial sense to pursue the at-fault driver. A lawyer can also investigate to determine if another party could be held liable for your injuries, such as the vehicle owner (if different than the driver), an employer, or a bar or restaurant that overserved the driver.
Your Insurance Options for Seeking Financial Compensation
You may have various types of auto insurance that can help offset some of the costs related to your accident. An experienced car accident lawyer can carefully review your auto policy to determine your coverage and what can help you through this difficult time. Possible insurance coverage that may assist could include the following:
- Uninsured/Underinsured motorist coverage: Uninsured and underinsured motorist coverage can help pay for medical expenses, lost wages, and pain and suffering if an uninsured or underinsured motorist is responsible for your injuries.
- Collision coverage: Collision coverage pays to repair or replace your vehicle that is damaged in an accident, subject to your deductible.
- Medical payments coverage: Medical payments coverage helps pay for medical treatment necessary for your injuries, up to the policy’s limits, regardless of fault. This coverage applies to you and your passengers. This coverage can also help pay for copayments or deductibles.
You may also have other insurance that can apply in these situations, such as
Financial Compensation You Can Recover from a Personal Injury Claim
Depending on which type of claim you file, your insurance coverage, and other factors, the compensation you may be able to recover through a personal injury claim could include payment for the following damages:
- Medical expenses for emergency treatment, ambulance rides, hospital stays, surgeries, and doctor visits
- Ongoing medical treatment for rehabilitation and physical therapy
- Future medical expenses
- Lost wages for the time you missed due to your injuries
- Loss of future income
- Pain and suffering
An experienced lawyer can evaluate your case and determine the damages you can seek as part of your claim.
What Is My Case Worth?
The potential value of your claim can depend on various factors, such as:
- The type and severity of your injuries
- The costs you incurred because of the accident
- The extent of your pain and suffering
- Your insurance coverage
- The at-fault driver’s insurance coverage
- What type of legal claim you file
- The circumstances surrounding the accident
- Whether any other party can be held responsible for the injuries besides the uninsured driver
Let us investigate your case and determine its value.
What to Do If You’re in an Accident with Someone Who Doesn’t Have Insurance
Finding out that the other driver doesn’t have insurance can be frustrating, but it’s essential that you still take steps to protect your rights and legal claim, including:
Report the Accident
The other driver might try to convince you not to report the accident or promise that they will pay for the damages. However, it’s important that you report the accident so that you can have the event documented. Your insurance company will want an accident report to show that the collision actually occurred.
Seek Medical Attention
Do not hesitate to seek medical attention, even if the other driver didn’t have insurance. Your uninsured motorist coverage or health insurance may help cover these costs, and your health is the top priority.
Get the Driver’s Information
Ask the driver for their information, including their name, address, and phone number. If they are not the owner of the vehicle, ask for the same information for the vehicle’s owner.
Document the Scene
Even though there is an uninsured driver involved, that doesn’t necessarily mean they are at fault for the accident. Colorado is an at-fault state for car insurance, so you have to be able to prove the other driver is at fault for the accident to get your damages paid. Use your cellphone camera to take pictures of the accident scene, including:
- Cross streets
- Road and weather conditions
- Damage to all vehicles involved in the accident
- Traffic signs and signals
- Skid marks
- Debris in the roadway
Ask any witnesses to write down their names and phone numbers.
Contact an Experienced Lawyer
Finally, contact an experienced car accident lawyer who can guide you through the claims process and serve as your legal advocate.
Why You Need a Denver Uninsured and Underinsured Motorist Lawyer
If you have suffered serious injuries, you need to be able to focus on your injuries without having to worry about a legal claim. A lawyer can be your capable legal advocate, handling every aspect of your claim.
An experienced Denver uninsured and underinsured motorist lawyer can file your claims and communications with the insurance company. A lawyer can evaluate your legal options, which might include filing a claim with your own insurance company and/or filing a personal injury lawsuit against the at-fault driver.
Your lawyer can analyze the at-fault driver’s financial situation to help determine if filing a personal injury claim makes sense under the particular circumstances.
Even if you ultimately file a claim under your uninsured motorist coverage, that doesn’t mean your insurance company won’t try to get away with paying as little as possible. Your insurance company may try to offer a lowball settlement, blame you for the accident, or deny your medical treatment as necessary, using the same tactics that insurance companies use against adverse parties.
Even though this is your own insurance company, its interests are directly opposed to your own, so you shouldn’t underestimate the lengths it will go to in order to prevent you from recovering fair compensation. An experienced lawyer can effectively counter these tactics and work to secure the compensation you deserve.
Your lawyer can also help build a solid claim for compensation, carefully documenting all of your accident-related injuries and losses. You may not understand the full value of your claim, but your lawyer can help obtain the evidence necessary to establish it, including medical records, testimony from medical experts, lost earnings reports, and damage repair estimates.
If liability is in dispute, your lawyer can interview witnesses, obtain traffic camera footage, review the accident report, analyze vehicle damage, and take other steps to prove the other driver was at fault for the accident.
Your lawyer can then compile all of this information to make a detailed demand for compensation. By having a lawyer on your side, you send a message to the insurance company that you are serious about protecting your legal rights and collecting compensation that will fairly reflect the full extent of your injuries. The tough negotiators at Dulin McQuinn Young fight to make things right.
Contact Our Denver Uninsured and Underinsured Motorist Lawyer
If an uninsured or underinsured motorist is responsible for your injuries, you shouldn’t have to pay the consequences. An experienced uninsured and underinsured motorist lawyer from Dulin McQuinn Young can evaluate your case and your legal options. We can answer your questions, review your situation, and explain your legal options during a free, no-obligation consultation.
Our lawyers have decades of combined experience. We have recovered millions of dollars in compensation for our clients through diligent legal representation. We want to help you recover fair compensation, too.
Learn more about how we can help when you contact Dulin McQuinn Young for a free case review.