Recovering Full Compensation After an Uninsured or Underinsured Driver Hits You in Colorado
When an uninsured or underinsured driver causes a crash, the bills do not stop while you wait to find out who will pay. At the Law Offices of Dianne Sawaya, we help injured Coloradans recover through their own uninsured and underinsured motorist coverage when the at-fault driver cannot pay. Our Denver-based team handles the insurance company, proves the true value of your losses, and fights for the full compensation you are owed. If an uninsured driver hurt you, our Colorado car accident attorneys are ready to help statewide.
Why Injured Coloradans Choose the Law Offices of Dianne Sawaya
A UM or UIM claim is different from a normal injury claim, because the company you are fighting is the one you have been paying premiums to. We have been handling that fight since 2005. Clients choose our firm because:
- Dianne Sawaya has practiced law for over 30 years, devoting 25 of those years to fighting for injury and accident victims.
- Our results have earned membership in the exclusive Million Dollar and Multi-Million Dollar Advocates Forums, and recognition among The National Trial Lawyers’ Top 100 Trial Lawyers.
- We read your policy and explain your options in clear, easy-to-understand language. You should not have to rely on an adjuster’s explanation of your own coverage. Finding every dollar of coverage you actually have is one of the first things we do.
- Dianne Sawaya studied pre-medicine at CU Boulder before earning her J.D. from the University of Denver College of Law. She uses that medical background to work directly with treating physicians and to explain serious injuries in language adjusters and juries understand.
- We know the courts where your case is handled. Dianne Sawaya is admitted in Colorado and the District of Columbia and is licensed before federal district courts and the U.S. Court of Appeals for the Tenth Circuit. UM and UIM disputes often end up in arbitration or litigation, and we are ready for both.
You are not a case number here. Our approach is simple. We provide smart, aggressive, and compassionate representation. You can call or text us 24 hours a day, we offer services in Spanish, and we serve clients statewide from our Denver and Loveland offices. Your case review is always free.
What Is an Uninsured or Underinsured Motorist Accident?
An uninsured motorist accident happens when the at-fault driver has no liability insurance, or when a hit-and-run driver flees and cannot be identified. An underinsured motorist accident happens when the at-fault driver does carry insurance, but not enough to cover the full cost of your injuries. Both situations leave you facing medical bills and lost income with no one on the other side able to make you whole.
Colorado law reaches further than most people expect. Your own coverage can apply when a hit-and-run driver flees and is never identified. It can also apply when the driver is known but simply cannot be found and served, and in that situation Colorado law can treat them as uninsured even if they actually carried a policy.
Colorado Does Not Require This Coverage, but Your Insurer Must Offer It
Every driver in Colorado must carry liability insurance with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. Uninsured and underinsured motorist coverage is different. State law requires your insurer to offer it in an amount equal to your bodily injury liability limits, and it is added to your policy automatically unless you reject it in writing.
That means many Coloradans already carry this protection without realizing it. Because the required liability limits are low, a driver who carries only the state minimum can leave you well short of what a serious injury actually costs. You can learn more about your options from the Colorado Division of Insurance, and we are always glad to review your policy with you.
How Uninsured and Underinsured Motorist Claims Work in Colorado?
In an uninsured claim, there is no other policy. The driver who hit you had nothing, or was never identified, so your own coverage is the only source of payment and the limits on your policy set the ceiling. You still have to prove the other driver caused the crash and prove what your injuries cost, because your coverage pays what you are legally entitled to recover from that driver. The difference is that you are proving it to your own insurance company rather than to theirs, and that is not always the easier road. If you are covered under more than one policy, it is worth asking whether more than one applies.
In an underinsured claim, the other driver had coverage, just not enough. Since 2008, Colorado has treated underinsured motorist coverage as add-on protection. Your coverage pays the difference between the at-fault driver’s liability limits and the full amount of your damages, up to your own coverage limit. If the driver who hit you carried a $25,000 liability policy and your losses total $100,000, your underinsured coverage can pay the remaining $75,000, as long as your own limits reach that far.
One rule protects both kinds of claim. Your benefits cannot be reduced by a setoff from other coverage such as health insurance, medical payments coverage, or the other driver’s liability insurance. Colorado lawmakers built this protection so injured people are not punished for someone else’s decision to skip insurance or carry too little. You can read more about optional automobile insurance coverage in Colorado through the state legislature.
Why the Insurance Company Is Not on Your Side
A UM or UIM claim is filed against your own insurance company, but that does not make the process simple. The insurer still has a financial reason to question your injuries, dispute your treatment, and offer less than your claim is worth. We build the evidence, document your medical care and lost wages, and hold the insurer to the promises in your policy.
If an insurer delays or denies your benefits without a reasonable basis, Colorado law gives policyholders a separate claim against the insurer. That claim can recover more than the benefit that was withheld, along with your attorney fees. We are prepared to pursue it.
Unlike high-volume firms that treat you like a case number, we give your claim personal attention from start to finish. Unlike high-volume firms that treat you like a case number, we give your claim personal attention from start to finish.
What If You Were Partly at Fault
Colorado follows modified comparative negligence. You can still recover as long as your share of the fault is less than the total share of everyone else at fault. Your compensation is reduced by your percentage of fault, but if you are found to be 50 percent or more at fault, you cannot recover. Insurers often try to shift blame onto you to lower what they pay, which is one more reason to have an experienced advocate protecting your side of the story.
How Long You Have to File a Colorado UM/UIM Claim
As with personal injury claims and lawsuits, UM and UIM claims have specific filing deadlines. The time to file a claim is not unlimited. The exact deadline depends on your specific facts, including when your injuries and their cause were known and whether the claim against the at-fault driver was preserved. Because missing this deadline can end your right to recover, it is smart to speak with an attorney early so nothing is lost to the calendar.
Talk With a Denver Uninsured Motorist Accident Attorney
If an uninsured or underinsured driver hurt you, you do not have to face the insurance company alone. The Law Offices of Dianne Sawaya offers a free case review, with no pressure to move forward until you are ready. Contact our office to start your free consultation. We are proud to fight for injured Coloradans across the entire state.
Frequently Asked Questions
Is uninsured motorist coverage required in Colorado?
No. Colorado requires liability insurance, but uninsured and underinsured motorist coverage is optional. Your insurer must offer it, and it is included in your policy unless you reject the coverage in writing.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance or cannot be identified, such as a hit-and-run. Underinsured motorist coverage applies when the at-fault driver has insurance, but not enough to cover your losses.
Can I use my own coverage after a hit-and-run?
Often, yes. Colorado law allows a driver who cannot be located or identified to be treated as uninsured for purposes of your claim, so your own uninsured motorist coverage may apply.