You’re sitting at a red light, minding your own business, when BAM – someone slams into your rear bumper. Your heart’s racing, your neck hurts, and your car looks like it went through a blender. You exchange information with the other driver, thinking, “Okay, at least their insurance will cover this, right?” Then you get the news that makes your stomach drop: they don’t have insurance. At all.
If you’ve never been in this situation, count yourself lucky. But here’s the thing – it happens way more often than you’d think, especially here in Colorado. I’ve seen too many people get hit with this harsh reality, and it’s honestly infuriating. You’re following the rules, paying your premiums, being a responsible driver, and then someone who’s breaking the law by driving without insurance ruins your day (or your year).
The good news? You’re not completely screwed if you have uninsured motorist coverage. The bad news? The process isn’t always straightforward, and insurance companies don’t exactly roll out the red carpet when it comes to paying these claims.
So, What’s the Deal with Uninsured Drivers in Colorado?
Let me paint you a picture of what we’re dealing with here. Colorado requires all drivers to carry liability insurance – it’s the law. But laws don’t stop everyone from ignoring them. According to recent data, about 13% of Colorado drivers are cruising around without any insurance coverage whatsoever. That’s roughly 1 in 8 drivers.
Think about your daily commute. How many cars do you pass? Now imagine that every eighth car you see has zero insurance. It’s a sobering thought, right?
The reasons people drive without insurance vary. Some can’t afford it (though ironically, the fines and consequences cost way more in the long run). Others let their policies lapse and keep driving anyway. Some folks think they’re invincible and will never cause an accident. And then there are those who are driving illegally for other reasons – maybe they don’t have a license, or their car isn’t registered properly.
Whatever their reasons, when one of these uninsured drivers crashes into you, it becomes your problem real quick.
Your Safety Net: Uninsured Motorist Coverage
Here’s where uninsured motorist (UM) coverage becomes your best friend. This isn’t some fancy add-on that insurance companies push to make extra money – it’s actually protection that makes a ton of sense when you think about those statistics I just mentioned.
Uninsured motorist coverage basically steps in when the at-fault driver has no insurance. It covers your medical bills, lost wages, pain and suffering, and other damages, just like the other driver’s insurance would have if they’d been responsible enough to carry coverage.
In Colorado, insurance companies are required to offer you uninsured motorist coverage, but – and this is important – you can decline it if you want to save a little money on your premiums. Some people do this thinking they’ll never need it, but honestly? That’s like going skydiving without a backup parachute because you’re pretty sure the first one will work fine.
There are two types of UM coverage you should know about:
Uninsured Motorist Bodily Injury (UMBI): This covers medical expenses, lost wages, pain and suffering, and other injury-related costs when an uninsured driver hurts you.
Uninsured Motorist Property Damage (UMPD): This covers damage to your vehicle and other property. But here’s a catch in Colorado: you can usually only use UMPD if you don’t have collision coverage yourself, or if you can clearly identify the uninsured driver and prove they were at fault.
Don’t Forget About Underinsured Motorist Coverage
While we’re talking about protection, let’s chat about underinsured motorist (UIM) coverage too. This is like UM coverage’s cousin, and it’s just as important.
Say someone with insurance hits you, but their coverage limits are pathetically low – like the state minimum of $25,000 per person. If your medical bills alone hit $75,000, their insurance maxes out at $25,000, leaving you holding the bag for the remaining $50,000. That’s where UIM coverage kicks in to cover the gap.
I’ve seen plenty of cases where someone thought they were protected because the other driver had insurance, only to discover that $25,000 doesn’t go very far when you’re dealing with serious injuries. Medical costs can skyrocket quickly after an accident, especially if you’re dealing with complex injuries or long-term effects.
When Your Own Insurance Company Becomes the “Bad Guy”
Here’s something that catches a lot of people off guard: when you file an uninsured motorist claim, you’re actually filing a claim against your own insurance company. Sounds backwards, doesn’t it?
You’d think your own insurance company would be on your side, ready to help you out in your time of need. After all, you’ve been paying them faithfully for years. But here’s the reality check – once you file a UM claim, your insurance company is now on the hook to pay for your damages. They’re no longer just processing paperwork; they’re the ones writing the check.
This changes the dynamic completely. Suddenly, they’re looking for reasons to minimize your claim or deny it altogether. They might question whether you were really injured, argue that the other driver wasn’t actually uninsured, or claim that you were partially at fault for the accident.
I’ve seen insurance companies pull some pretty creative moves to avoid paying UM claims:
- Demanding excessive documentation and dragging out the investigation
- Requiring you to get multiple medical opinions
- Arguing that your injuries were pre-existing
- Claiming the accident didn’t happen the way you said it did
- Insisting that you could have avoided the accident
It’s frustrating because you’re dealing with someone you trusted to protect you, and now they’re treating you like you’re trying to pull a fast one.
The Uninsured Motorist Claims Process: What to Expect
Filing an uninsured motorist claim isn’t as simple as calling your insurance company and saying, “Hey, the other guy doesn’t have insurance, so you need to pay up.” There’s a process, and understanding it can help you avoid some common pitfalls.
Step 1: Report the Accident
You need to report the accident to your insurance company as soon as possible. Don’t wait, thinking you’ll handle it directly with the other driver. Even if you think your damages are minor, report it anyway. Sometimes injuries don’t show up immediately, and you don’t want to give your insurance company any excuse to deny your claim later.
Step 2: The Investigation
Your insurance company will investigate to confirm that the other driver was actually uninsured. This might seem obvious, but sometimes people think they don’t have insurance when they actually do – maybe they forgot they had coverage through a family member’s policy, or their insurance company never sent them a cancellation notice.
The insurance company will also investigate the accident itself. They’ll want to make sure their insured (that’s you) wasn’t at fault, because if you caused the accident, your UM coverage won’t apply.
Step 3: Document Everything
This is where things get real. You’ll need to provide documentation for all your damages – medical records, bills, proof of lost wages, repair estimates, photos of the damage, witness statements, the police report, everything.
Don’t assume your insurance company will take your word for anything. They’re going to want proof of every penny you’re claiming. Keep detailed records of everything related to the accident and your recovery.
Step 4: Medical Treatment
If you’re injured, get medical treatment and follow your doctor’s advice. Don’t try to tough it out or skip appointments to save money. This will only hurt your claim in the long run. Post-concussion syndrome and other serious conditions can develop after what seems like a minor accident, so don’t ignore symptoms.
Step 5: Settlement Negotiations
Once you’ve reached maximum medical improvement (meaning you’re as recovered as you’re going to get), your insurance company will make a settlement offer. Don’t expect their first offer to be fair. Remember, they’re trying to minimize their payout.
Common Challenges You’ll Face
Let me be straight with you – uninsured motorist claims can be more complicated than regular third-party claims. Here are some challenges you might run into:
Proving the Other Driver Was Uninsured
Sometimes it’s not clear-cut. Maybe the other driver had insurance that lapsed the day before the accident, or they were driving someone else’s car and there’s confusion about coverage. Your insurance company might use any ambiguity to delay or deny your claim.
Hit-and-Run Accidents
If the uninsured driver takes off after the accident, your claim becomes even more complicated. You’ll need to prove that an uninsured motorist caused the accident, even though you can’t identify them. This usually requires a police report and witness statements.
Disputes Over Fault
Your insurance company might argue that you were partially or completely at fault for the accident. Colorado follows a modified comparative negligence rule, which means if you’re more than 50% at fault, you can’t recover anything. Even if you’re less than 50% at fault, your recovery will be reduced by your percentage of fault.
Lowball Settlement Offers
Insurance companies often make initial settlement offers that are way below what your claim is actually worth. They’re counting on you being desperate for money or not knowing the true value of your claim.
Delays and Stall Tactics
Some insurance companies will drag out the claims process, hoping you’ll get frustrated and accept a low settlement just to be done with it. They might request the same documents multiple times, schedule unnecessary medical exams, or just be generally unresponsive.
When to Consider Getting Legal Help
Look, I’m not going to tell you that every uninsured motorist claim requires an attorney. If you had minor injuries, missed a few days of work, and your insurance company makes a reasonable settlement offer quickly, you might be able to handle it yourself.
But there are definitely situations where having experienced legal representation makes sense:
- You suffered serious injuries that required hospitalization, surgery, or extended treatment
- You’re dealing with long-term or permanent disabilities
- Your medical bills are substantial
- You missed significant time from work
- Your insurance company is denying your claim or offering an unreasonably low settlement
- The insurance company is using delay tactics or treating you unfairly
- There are disputes about who was at fault for the accident
- You’re not sure about the value of your claim
Here’s the thing about insurance companies – they have teams of lawyers and adjusters whose job it is to minimize payouts. When you’re dealing with a significant claim, you’re basically bringing a knife to a gunfight if you don’t have experienced representation.
At McCormick & Murphy P.C., we’ve been handling personal injury and insurance bad faith cases since 1990. We’ve seen every trick in the book when it comes to insurance companies trying to avoid paying fair compensation for uninsured motorist claims. Our office is located at 301 N Main St in Pueblo, and we handle most personal injury claims on a contingent fee basis – meaning you don’t pay attorney fees unless we recover money for you.
What Your Claim Might Be Worth
One of the most common questions I get is, “What’s my uninsured motorist claim worth?” I wish I could give you a simple formula, but every case is different. However, here are the main categories of damages you might be able to recover:
Medical Expenses: This includes all your accident-related medical bills – emergency room visits, doctor appointments, physical therapy, prescription medications, medical equipment, and future medical expenses if you’ll need ongoing treatment.
Lost Wages: If you missed work because of your injuries, you can recover your lost income. This includes not just your regular salary, but also overtime, bonuses, and other benefits you would have earned.
Pain and Suffering: This is compensation for the physical pain and emotional distress caused by the accident. It’s harder to calculate than medical bills or lost wages, but it’s often the largest component of a settlement.
Property Damage: This covers repairs to your vehicle and any other property damaged in the accident.
Loss of Future Earning Capacity: If your injuries prevent you from working in the same capacity as before, you might be able to recover compensation for your reduced earning ability.
The value of your claim depends on factors like:
- The severity of your injuries
- How long your recovery took
- Whether you have permanent limitations
- How the accident affected your daily life
- The amount of your insurance coverage
Tips for Protecting Yourself
Since we’re talking about protection, let me share some practical advice for dealing with uninsured motorist claims:
Buy Adequate Coverage: Don’t just buy the minimum required coverage. Think about what you’d need if you were seriously injured and couldn’t work for months. Your UM coverage should match your liability coverage limits.
Document Everything: Take photos of the accident scene, your injuries, and your vehicle damage. Get contact information from witnesses. Keep all your medical records and bills organized.
Don’t Give Recorded Statements: Your insurance company might ask for a recorded statement about the accident. You should be very careful about giving recorded statements to insurance companies without understanding how they might be used against you later.
Don’t Sign Anything Quickly: Insurance companies sometimes present settlement agreements that need to be signed “right away.” There’s usually no legitimate reason for this urgency. Take time to review any settlement offer carefully.
Keep Track of All Your Expenses: Don’t just keep track of medical bills. Document time off work, transportation costs to medical appointments, prescription costs, and any other expenses related to the accident.
Follow Medical Advice: Go to all your appointments, follow your treatment plan, and don’t stop treatment early just because you’re feeling better. Insurance companies will use any gaps in treatment to argue that you weren’t really injured.
Red Flags: When Your Insurance Company Isn’t Playing Fair
Sometimes insurance companies cross the line from being cautious with claims to acting in bad faith. Here are some warning signs that your insurance company might not be handling your claim fairly:
- They deny your claim without a reasonable investigation
- They delay processing your claim without justification
- They request the same documentation repeatedly
- They make unreasonably low settlement offers compared to your damages
- They misrepresent policy language or coverage
- They fail to communicate with you for extended periods
- They pressure you to settle quickly for less than your claim is worth
Insurance bad faith is a serious issue in Colorado, and there are legal remedies available if your insurance company isn’t treating you fairly. If you suspect your insurance company is acting in bad faith, it’s definitely time to consult with an attorney who specializes in insurance disputes.
The Bottom Line
Getting hit by an uninsured driver is frustrating enough without having to fight your own insurance company for fair compensation. The reality is that uninsured motorist claims can be complicated, and insurance companies don’t always make the process easy.
But here’s what I want you to remember: you have rights, and you don’t have to accept the first settlement offer that comes your way. If you have uninsured motorist coverage, you paid for that protection, and you deserve to have your claim handled fairly.
If you’re dealing with an uninsured motorist claim and feeling overwhelmed, don’t try to handle everything alone. The insurance company has lawyers and experienced adjusters on their side – you should have experienced representation on yours too.
At McCormick & Murphy P.C., we understand the challenges you’re facing after an accident with an uninsured driver. We’ve been helping Colorado residents with personal injury and insurance claims for over 30 years, and we know how to deal with insurance companies that aren’t treating our clients fairly. You can learn more about our experience and client reviews through our professional services profile.
If you’re dealing with an uninsured motorist claim and need help understanding your rights, give us a call at (888)-668-1182. We offer free consultations, and we work on a contingent fee basis for most personal injury claims, so you don’t pay attorney fees unless we recover money for you.
Don’t let an uninsured driver’s poor decision derail your recovery. You have options, and you don’t have to face this alone.
