If you’re in a car accident caused by someone that doesn’t have insurance, are you out of luck?
Fortunately, in most situations, no.
Many people assume that if the at-fault driver has no insurance—or not enough insurance—there is no way to recover compensation for their injuries.
In Colorado – and in most states – that is not necessarily true.
The answer often depends on the insurance coverage you purchased for yourself.
Colorado Drivers Are Required to Carry Insurance
Colorado law requires drivers to carry minimum liability insurance coverage, including:
- $25,000 for bodily injury or death to one person;
- $50,000 for bodily injury or death to multiple people; and
- $15,000 for property damage.
Many people carry only the minimum coverage, which may be nowhere near enough to compensate someone who suffers significant injuries. This is where underinsured motorist coverage can often come into play and be incredibly helpful.
What Is Underinsured Motorist Coverage?
Underinsured Motorist (“UIM”) coverage applies when the at-fault driver has insurance, but not enough insurance to cover your damages.
For example, imagine you suffer serious injuries and your damages are over $100,000. If the at-fault driver only carries the Colorado minimum bodily injury limits of $25,000, what do you do about the remaining $75,000 worth of your damages?
This is where your UIM coverage may provide additional compensation, up to the limits of your own policy limits.
It is very likely that you have UIM coverage included in your auto insurance policy. Colorado law requires UIM coverage to be offered together with UM coverage. C.R.S. § 10-4-609.
But what about if the other driver isn’t following the law and doesn’t have insurance at all?
What Is Uninsured Motorist Coverage?
Uninsured Motorist (“UM”) coverage protects you if the driver who caused the crash has no insurance.
Instead of pursuing compensation from the at-fault driver’s insurance company, you may be able to make a claim through your own insurance policy. In other words, the coverage you purchased may step in and provide protection when the at-fault driver failed to do so.
Once again, you likely have UM insurance coverage through your policy. Colorado law generally requires insurance companies to offer uninsured motorist coverage when they issue an automobile policy. See C.R.S. § 10-4-609.
Why These Claims Can Be More Complicated Than People Expect
Many people assume their own insurance company will automatically do the right thing.
Sometimes they do. But sometimes they don’t.
Remember, your insurance company is still an insurance company. Even though you paid premiums for years, disputes can arise over:
- the value of your injuries;
- whether treatment was necessary;
- whether your injuries were caused by the crash; and
- how much compensation is owed.
These cases can become surprisingly complicated.
This Is One Reason to Talk to an Attorney Early
One of the biggest mistakes is when people assume there is no case because the at-fault driver lacks insurance.
In reality, some of the strongest injury claims involve uninsured or underinsured motorist coverage. The challenge is identifying every available source of recovery and understanding how the insurance policies work.
Most people have never read their insurance policy. And frankly, most people shouldn’t have to become insurance experts while recovering from injuries.
An experienced personal injury attorney can help determine what coverage is available, whether UM/UIM benefits apply, whether there are additional insurance policies involved, and whether the insurance company is treating your claim fairly.
Don’t Assume You Have No Options
If you were injured by an uninsured or underinsured driver, do not assume there is nothing that can be done. Colorado law provides protections that many people do not realize they have.
The best first step is often simply learning what coverage exists and what rights you have under your policy.
You may have more options than you think.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-694-0578 now for a free consultation.
Sources
- C.R.S. § 10-4-620 (Colorado minimum automobile liability insurance requirements)
- C.R.S. § 10-4-609 (Uninsured and Underinsured Motorist Coverage)