Uninsured Motorist Accidents in Colorado: What Are Your Legal Options?

Despite legal requirements, many drivers in Colorado operate without insurance. According to the Insurance Information Institute, approximately 17.5% of Colorado drivers were uninsured in 2022, ranking the state among the top ten for uninsured motorists.

Being involved in a crash with an uninsured driver can create significant challenges for accident victims who lack the at-fault driver’s insurance to cover damages. However, in today’s article, we’ll cover all you need to know about Colorado’s uninsured motorist laws, available legal options, and how to seek compensation after an accident.

If you are unsure about your options after an accident, a car accident lawyer at Boesen Law is ready to provide recommendations in a free initial consultation.

Colorado Laws on Uninsured Motorists

Colorado’s auto insurance minimum requirements are as follows:

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

Despite these requirements, many drivers remain uninsured. To protect against this risk, the state offers Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage as optional add-ons. While not mandatory, UM/UIM coverage is strongly recommended, as it provides a financial safety net when an at-fault driver has little or no insurance.

Under C.R.S. § 10-4-609, insurers must offer UM/UIM coverage to protect policyholders injured by uninsured or underinsured drivers. This coverage compensates for medical expenses, lost wages, and other damages when the at-fault driver lacks insurance or cannot be identified, such as in a hit-and-run.

Recent changes prevent insurers from reducing UM coverage through setoffs. Additionally, a driver may be considered “uninsured” for UM coverage purposes after a reasonable attempt to locate them. This ensures that injured motorists can seek fair compensation.

What Are Your Options After an Uninsured Motorist Crash?

Experiencing a collision with an uninsured driver can be overwhelming. However, with the right legal help, you can pursue several legal avenues to secure compensation:

Filing a Claim Through Your Own Insurance

If your policy includes UM/UIM coverage, you can file a claim with your insurer to cover damages resulting from the accident.

However, the role of insurance companies in personal injury claims is often to minimize their financial liability, which can lead to delayed payments, low settlement offers, or even denied claims. Working with an experienced attorney will help handle communications with insurers and ensure a fair settlement.

Pursuing a Personal Injury Lawsuit Against the At-Fault Driver

Another option is to file a personal injury lawsuit against the uninsured driver, which involves taking them to court to recover compensation for medical expenses, lost wages, and other damages. If the court rules in your favor, the judge orders the driver to pay the awarded amount.

Even with a favorable judgment, collecting the awarded amount may be challenging if the uninsured driver lacks sufficient assets. Sometimes, a judgment can be collected over time through wage garnishment, bank levies, or liens on property, meaning payments are deducted from the driver’s earnings or assets until you recover the full amount.

Using Medical Payments Coverage (MedPay)

MedPay covers medical expenses regardless of fault, including hospital bills, ambulance fees, surgeries, and rehabilitation costs. The state requires insurers to offer a minimum of $5,000 in MedPay coverage (unless waived in writing by the policyholder).

Consulting with a car accident attorney will help determine the most effective legal path for your situation. At Boesen Law, we offer a free consultation and a tailored strategy to help you recover full compensation after an accident caused by an uninsured driver.

What Happens After a Hit-and-Run in Colorado?

When the responsible driver cannot be identified, hit-and-run accidents are treated similarly to accidents involving uninsured drivers, as you can use UM coverage to recover damages. After such an accident in Colorado, follow these steps:

• Seek medical attention: Get checked by a medical professional (even if injuries seem minor) to document any potential harm.
• Gather evidence from the accident scene: Take photos of vehicle damage, road conditions, and any debris. Also, collect witnesses’ contact information and look for surveillance cameras that could provide information on the fleeing driver.
• File a police report: Report the hit-and-run immediately, providing details about the other vehicle and any available evidence.
• Consult a lawyer: Boesen Law will help you navigate insurance claims, protect your rights, and pursue compensation under UM/UIM coverage.

What Compensation Can You Recover?

After an uninsured motorist accident, you may recover various forms of compensation, including:

• Medical expenses: Coverage for hospital bills, rehabilitation, and ongoing medical care resulting from the accident.
• Lost wages: Reimbursement for income lost due to the inability to work during recovery.
• Pain and suffering: Compensation for physical pain and emotional distress experienced due to the accident.
• Property damage: Funds to repair or replace your vehicle and any other personal property damaged in the collision.

At Boesen Law, we can explore all potential avenues for compensation and ensure you receive a fair settlement. Our goal is to handle every legal aspect of your claim, dealing with paperwork and adhering to relevant deadlines while you focus on recovery.

How Long Do You Have to File a Claim?

In Colorado, the statute of limitations for filing a personal injury claim related to a car accident is generally three years from the incident’s date, as outlined in C.R.S. § 13-80-101. 

Failing to file within this timeframe means losing your right to compensation, so make sure you contact a lawyer as soon as possible after the accident. Initiating the claim process early helps preserve crucial evidence and strengthens your case.

How Our Colorado Car Accident Lawyers Can Help

After an uninsured motorist accident, a Colorado car accident lawyer from Boesen Law can help you recover rightful compensation. With decades of experience handling these cases and hundreds of millions recovered for accident victims, we know how to negotiate with insurance companies and build a strong legal strategy on your behalf.

We offer a free consultation to assess your case, answer your questions, and estimate your claim’s potential value. Since we work on a contingency fee basis, you pay nothing unless we win. Contact us today to get started!