Denver Uninsured and Underinsured Motorist Accident Lawyer

A serious crash does not become less serious because the driver who caused it has little or no insurance. You may have treatment expenses, lost earnings, and other losses that exceed what the at-fault driver’s policy can pay. In Colorado, your own automobile policy may provide another source of recovery through uninsured motorist (UM) or underinsured motorist (UIM) coverage.

At Born & McCaffrey Injury Law, we represent Denver drivers, passengers, pedestrians, cyclists, and other injured people dealing with UM/UIM disputes. We examine the available insurance policies, the circumstances of the crash, the extent of the injuries, and the insurer’s position before telling you what claims may be available.

If a Denver uninsured or underinsured driver injured you, call our firm at (303) 800-6996 to talk through your claim.

UM and UIM Coverage in Colorado, Side by Side

Uninsured motorist coverage can provide benefits when an at-fault driver has no applicable liability insurance. Underinsured motorist coverage addresses situations in which the responsible driver’s liability limits are insufficient to cover the injured person’s damages. Colorado law treats UM and UIM protection together under Colorado Revised Statutes Section 10-4-609.

Consider two crashes. In the first, a driver runs a red light with no automobile insurance at all, and your UM coverage answers the bodily injury losses you would otherwise have pursued against that driver. In the second, the driver carries only $25,000 in bodily injury coverage, while your damages run far higher, and UIM coverage may reach the gap, subject to your policy terms and Colorado law.

UM/UIM coverage is not collision coverage. It addresses bodily injury or death caused by a Denver uninsured or underinsured motorist, not repairs to your vehicle.

Does Colorado Require UM/UIM Coverage?

Colorado requires automobile liability policies issued for vehicles licensed for highway use in the state to provide uninsured motorist coverage unless the named insured rejects the coverage in writing. Insurers must also offer UM coverage up to the insured’s bodily injury liability limits, subject to statutory requirements. The Colorado Division of Insurance describes the same default: the coverage is in the policy unless it was rejected in writing.

The actual policy, therefore, has to be read rather than assumed. Your declarations page can provide an initial indication of the limits available under your policy. Other documents, endorsements, exclusions, and applicable policies may also affect the analysis.

We read those documents alongside the crash facts to work out what coverage is actually available.

When the At-Fault Driver Has Insurance but Not Enough of It

UIM coverage becomes relevant when the at-fault driver’s liability insurance does not cover the damages from the crash.

For example, suppose your damages total $150,000 and the other driver’s liability policy has a $50,000 limit. Colorado’s UM/UIM statute has your UIM coverage answer the difference between that liability limit and your damages, up to your own UIM limit. It also states that the amount available is not reduced by a setoff from any other coverage, including the liability payment you have already collected.

So if your UIM limit is $100,000, your carrier does not subtract the $50,000 the other driver’s insurer paid. The gap between the liability limit and your damages is $100,000, and your limit is $100,000, so the full limit is in play. That is one reason we recommend reviewing the insurer’s initial calculation before you accept any offer.

What Happens If the At-Fault Driver Fled or Is Uninsured?

When the responsible driver has no applicable insurance, the claim shifts from that driver’s liability carrier to your own UM coverage.

This can happen after:

• A driver causes a crash without automobile insurance
• A driver has insurance that does not apply to the accident
• A hit-and-run driver leaves before providing insurance information
• The responsible driver cannot be located
• Available insurance information cannot be established after reasonable efforts

Colorado law also treats the driver who caused the crash as uninsured in certain situations, when that person cannot be located, and specific statutory conditions are met.

A hit-and-run does not necessarily mean there is no potential source of insurance recovery. Your own policy may become particularly important, although the circumstances and policy language must be reviewed. If the claim ends up filed rather than settled, Denver works differently from the rest of the state, because it is not a combined court, and civil matters go to the Denver District Court at the City and County Building on Bannock Street.

If the other driver fled before you could obtain insurance information, preserve the police report and other crash evidence and call (303) 800-6996 to discuss your options.

The Four Steps of a UM/UIM Claim After a Denver Crash

A UM/UIM claim in Colorado generally begins with determining who caused the collision, what insurance exists, and what damages resulted from the crash. It involves both the underlying liability claim and your separate insurance relationship with your own carrier.

• Step One: Establish What Happened: Police reports, photographs, video, witness accounts, vehicle damage, and medical records help establish how the collision occurred, which matters most when the other driver disputes fault or cannot be located.
• Step Two: Identify Available Insurance: The investigation should determine whether the at-fault driver has liability insurance and, if so, what limits apply. Your own automobile policy should also be reviewed for UM/UIM coverage. Additional policies may also apply.
• Step Three: Document the Injuries: UM/UIM coverage generally concerns bodily injury and does not simply function as property-damage insurance for your vehicle. Medical records, treatment history, restrictions, lost income, and other evidence can help establish the extent of the damages.
• Step Four: Evaluate the Coverage: Available policy limits, liability coverage, exclusions, other insurance, and evidence of damages all affect the value and structure of a UM/UIM claim. We separate the underlying accident claim from the insurance-contract issues that follow it.

If you need an underinsured motorist attorney in Denver, reach out to us today.

Can UM/UIM Coverage Be Stacked in Colorado?

Colorado’s answer sits in two sentences of the same statute. Section 10-4-609 states that the coverage available is not reduced by a setoff from any other coverage, and it names other uninsured or underinsured motor vehicle insurance among the coverages that cannot be set off. That is what allows separate policies to combine.

The same subsection sets one limit. A single policy or endorsement issued for a single premium covering multiple vehicles may be limited to applying once per accident. So three cars on one policy at one premium is a different question from three separate policies, and the declarations pages are where it gets answered.

A policy review should identify:

• The UM/UIM limits on each potentially applicable policy
• Who is named as an insured
• Whether you are a resident relative of a named insured
• Whether separate policies may apply
• Any anti-stacking provisions
• Whether the policies were issued by the same or different insurers

Stacking questions can materially change the coverage available, so the actual policies matter more than any general rule.

How Does Comparative Fault Affect a UM/UIM Claim?

Colorado follows a comparative negligence rule that can reduce damages when the injured person is also found negligent. Under Section 13-21-111, a plaintiff cannot recover when their negligence is equal to or greater than the negligence of the person against whom recovery is sought. When the plaintiff’s negligence is less, the damages are reduced in proportion to the plaintiff’s percentage of negligence.

In practical terms, a person found 20% at fault could have an otherwise recoverable award reduced by 20%. A person found 49% at fault may still recover, subject to the other requirements of the claim. If the person’s fault reaches 50% or more relative to the responsible party under the statute, recovery can be barred.

An insurer may argue you contributed by speeding, failing to yield, following too closely, or changing lanes improperly. That percentage affects the value of the claim.

We examine the evidence behind those allegations rather than treating an insurer’s fault assessment as the final word.

Damages a UM/UIM Claim Can Address

UM/UIM coverage concerns bodily injury and death caused by an uninsured or underinsured motorist. What is recoverable depends on the crash facts, the injuries, and the applicable policy and law.

Potential damages may include:

• The documented cost of care connected to the crash
• The projected cost of care still to come
• Lost wages
• Reduced earning capacity
• Physical pain and suffering
• Emotional distress
• Losses associated with permanent impairment
• Other damages permitted by Colorado law

We do not determine the amount of a claim simply by adding medical bills. We assess the nature of the injury, expected future treatment, effect on employment, how long the effects have lasted, and other evidence.

There is an important distinction between the damages the crash caused and the amount an insurer is contractually obligated to pay. Where your damages exceed the available UM/UIM limits, the policy limit constrains what is payable, even though the actual losses run higher.

How Can a Denver UM/UIM Lawyer Help?

We examine both sides of the insurance question: what the at-fault driver had available and what coverage may exist under your own policies.

Our work may include:

• Reviewing your automobile insurance policy
• Investigating hit-and-run circumstances
• Reviewing medical evidence
• Assessing future damages
• Reviewing settlement offers
• Communicating with insurance companies
• Negotiating the UM/UIM claim
• Preparing the matter for litigation when appropriate

At Born & McCaffrey Injury Law, you will not have to explain your case repeatedly to different people. You work directly with us, and we prepare files with a trial in mind. We prepare every UM/UIM file as though it will be tried rather than settled.

Peter McCaffrey speaks fluent Spanish, taught English in Spain, and hosts a weekly Spanish-language radio show. For Spanish-speaking clients, that makes a complicated insurance claim easier to talk through.

Contact our legal team today, and we will look at your Denver UM/UIM claim with you.

FAQs: UM/UIM Claim Colorado

These come up most often when an injured driver is weighing a UM or UIM claim in Colorado.

Does my health insurance affect my UM/UIM claim?

Health insurance may pay medical bills while a UM/UIM claim is being evaluated, but the interaction between health benefits and UM/UIM proceeds can involve reimbursement, subrogation, which is your health plan’s right to be paid back out of your recovery, and policy-specific issues. We evaluate the available recovery alongside the policies and any claims your health plan asserts.

Can I settle with the at-fault driver’s insurer before pursuing UIM benefits?

A settlement with the at-fault driver’s insurer can affect a subsequent UIM claim and the amount potentially available under your own policy. Before accepting or signing a settlement, it is important to review the applicable UM/UIM policy and the consequences of the proposed settlement because the timing and amount of the underlying recovery can matter.

What if my insurance company says my injuries are worth less than I claim?

The insurer’s assessment does not by itself determine the amount of damages legally recoverable under an applicable UM/UIM policy. Medical evidence, treatment history, lost income, future limitations, and other documentation can be relevant when evaluating a disagreement about the extent of an injury.

How long do I have to pursue a UM/UIM claim in Colorado?

Colorado law at Section 13-80-107.5 generally provides a three-year limitations period for an action or arbitration involving a UM/UIM claim, measured from when the cause of action accrues. The period that actually applies can depend on the claim, the policy, and the underlying crash. Waiting affects both deadlines and evidence, so bring us the dates and the policy early.

Should I speak with my own insurance company after a crash?

You may need to notify your insurer about the crash and the potential claim, but that does not mean every position your insurer takes is correct. If substantial injuries or a coverage dispute are involved, reviewing the policy and the claim before making substantive decisions can help clarify what is at issue.

Talk With a Denver Uninsured and Underinsured Motorist Accident Lawyer About Your Coverage

The driver who caused your crash may have carried too little insurance to cover what happened to you. That does not necessarily mean you have exhausted every potential source of recovery. Colorado law also contains specific rules governing coverage, stacking, uninsured drivers, and underinsured motorists.

At Born & McCaffrey Injury Law, we represent injured people in Denver and throughout Colorado. If an insurer has denied your UM/UIM claim, disputed your injuries, questioned your fault, or offered less than you believe your claim warrants, we can review the circumstances with you. Call us today at (303) 800-6996 to discuss your UM/UIM claim.

Bring your declarations page and the police report if you have them. If not, we can request them and start with whatever you remember about the crash and the driver.