Who Pays If You’re Hit by an Uninsured or Underinsured Motorist in Colorado?

The moments after a car accident are often filled with stress and confusion. This anxiety can multiply exponentially when you discover the other driver doesn’t have insurance—or doesn’t have enough coverage to pay for your damages. Despite Colorado law requiring all drivers to carry auto insurance, approximately 16% of Colorado motorists drive without coverage, according to the Insurance Research Council. Countless others carry only the minimum required coverage, which may be insufficient for serious accidents.

When you’re injured by an uninsured or underinsured driver, you may worry about who will pay for your medical bills, vehicle repairs, lost wages, and other expenses. At Mintz Law Firm, we’ve helped numerous Colorado accident victims navigate these complicated situations. Understanding your options for recovery can provide peace of mind during this challenging time and help ensure you receive the compensation you deserve.

Colorado Auto Insurance Requirements

Before examining your options after being hit by an uninsured or underinsured driver, it’s important to understand Colorado’s insurance requirements. All drivers in Colorado must carry the following minimum liability coverage:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $15,000 per accident for property damage

While these minimums provide some protection, they can be quickly exhausted in serious accidents. Medical bills alone can easily exceed $25,000, especially if hospitalization or surgery is required. This is why many drivers choose to carry higher liability limits.

Uninsured/Underinsured Motorist Coverage in Colorado

The primary source of compensation when hit by an uninsured or underinsured driver is your own uninsured/underinsured motorist (UM/UIM) coverage. In Colorado, insurance companies must offer UM/UIM coverage equal to your liability limits, though you can reject this coverage in writing.

How UM/UIM Coverage Works

If you’re hit by a driver with no insurance, your UM coverage steps in to pay for your injuries up to your policy limits. Similarly, if you’re hit by a driver whose liability limits are too low to cover your damages, your UIM coverage makes up the difference (up to your policy limits).

For example, if you sustain $40,000 in injuries and the at-fault driver only has the minimum $25,000 in coverage, your UIM coverage would pay the remaining $15,000 (assuming your UIM limits are at least that amount).

UM/UIM coverage typically helps pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• In some cases, property damage (if you have UMPD coverage)

Stacking Coverage in Colorado

Colorado law allows for “stacking” of UM/UIM benefits in certain situations. Stacking means combining the limits of multiple policies or vehicles to increase your total coverage.

For instance, if you have two vehicles each with $100,000 in UM/UIM coverage and your policy allows stacking, you could potentially access up to $200,000 in coverage. Whether stacking is available depends on your specific policy language.

Filing a Lawsuit Against the Uninsured Driver

While you can file a lawsuit directly against an uninsured driver, this option often has limited practical value. Many uninsured drivers lack financial resources to pay a judgment, making it difficult to collect even if you win your case.

However, a lawsuit may be worthwhile if:

• The at-fault driver has substantial personal assets
• Your damages exceed your UM/UIM limits
• The accident involved especially egregious conduct (such as drunk driving)

An experienced attorney can help you evaluate whether pursuing a lawsuit against the uninsured driver makes sense in your specific situation.

Time Limits for Filing UM/UIM Claims in Colorado

It’s important to be aware of time limits for filing UM/UIM claims. In Colorado, you generally have three years from the date of the accident to file a lawsuit for personal injuries. However, your insurance policy may contain shorter deadlines for notifying your insurer about a potential UM/UIM claim.

Consulting with an attorney promptly after your accident ensures you don’t miss any critical deadlines that could jeopardize your right to compensation.

How an Attorney Can Help with Your Uninsured/Underinsured Motorist Claim

While you can file a UM/UIM claim on your own, working with an experienced attorney offers several advantages:

• Thorough investigation of your accident to establish liability
• Accurate valuation of your total damages, including future needs
• Identification of all available insurance coverages and policies
• Skilled negotiation with insurance adjusters
• Help avoiding tactics insurance companies use to minimize payments
• Representation in arbitration or litigation if necessary

When you’re dealing with injuries and recovery, having a knowledgeable advocate handling the legal and insurance aspects of your case provides valuable peace of mind.

Contact Our Colorado Uninsured Motorist Accident Attorneys

Being hit by an uninsured or underinsured driver adds unnecessary complications to an already difficult situation. Without proper guidance, you risk not receiving fair compensation for your injuries and losses. At Mintz Law Firm, our experienced Colorado car accident attorneys understand the intricacies of uninsured and underinsured motorist claims and are committed to helping you explore every avenue for recovery.

We’ve successfully helped countless Colorado accident victims navigate these complex scenarios and secure the compensation they need to move forward. Our team will evaluate your case, explain your legal options, and fight tirelessly to protect your rights throughout the process. Don’t let someone else’s decision to drive without adequate insurance leave you bearing the financial burden of your accident. Contact us today at (303) 462-2999 or through our contact form to schedule your free consultation and learn how we can help.