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Uninsured & Underinsured Motorist Claims in Colorado

Under Colorado law, everyone who owns a passenger vehicle is required to have at least $25,000.00 in bodily injury liability insurance coverage. This means that if someone is injured in a car accident caused by another driver, the at-fault driver's bodily injury liability coverage should provide monetary compensation for said injuries. However, not every driver abides by Colorado law, and many drivers are either uninsured or underinsured.

Those who do not have any type of car insurance are considered uninsured. Similarly, those whose coverage is not enough to pay for an accident are considered underinsured. If you have been injured in a car accident that was caused by an uninsured or underinsured driver in Colorado Springs, please contact the skilled attorneys at Clawson & Clawson, LLP. We can help you file an underinsured/uninsured motorist claim, as well as ensure that your damages are covered by the at-fault party or your own insurance.

Recoverable damages for injuries related to a car crash caused by an uninsured or underinsured motorist include:

  • Economic damages, such as lost wages, medical bills, etc.
  • Noneconomic damages, such as physical pain and suffering and emotional stress
  • Physical disfigurement and damage, such as permanent physical injuries, scars, etc.

What happens if the driver who hit me does not have insurance or is underinsured?

If the driver who hit you does not have insurance or does not have enough coverage to pay for your damages, contact a personal injury lawyer from our firm. By law, every Colorado insurance company that sells automobile insurance must sell uninsured/underinsured motorist insurance with every automobile insurance policy, unless the coverage is specifically refused in writing. Our Colorado Springs car accident attorneys will help you file an uninsured/underinsured motorist claim against your own insurance company so you can receive monetary compensation for damages. Uninsured motorist (UM) and underinsured motorist (UIM) insurance will cover you and every passenger in your car if they were injured in a car accident caused by a UM or UIM.

What You Need to Know for Underinsured Motorist Claims

If you wish to make a claim for underinsured motorist benefits with the at-fault driver's company, many Colorado policies require that you ask and receive permission from your own insurance company prior to accepting any type of settlement. Those who accept a settlement from the underinsured motorist's insurance company will not be able to present an underinsured motorist claim to their own insurance company. To ensure that this does not happen, it may be beneficial for you to hire an experienced injury lawyer from Clawson & Clawson, LLP.

We can help you file an uninsured/underinsured motorist claim that covers all damages, including:

  • Medical bills
  • Lost income
  • Physical and emotional pain
  • Mental stress
  • Lost wages

Our firm can also make sure that your claim does not violate your policy's terms, as well as negotiate with the insurance company on your behalf so you receive the monetary compensation you deserve.

Do not waste any time— Contact Clawson & Clawson, LLP today!

You only have three years to file a claim against your or the at-fault driver's insurance company if you were injured in a car accident by an uninsured or underinsured driver.

Clawson & Clawson, LLP can assist drivers in and around various Colorado cities, such as:

UM/UIM Frequently Asked Questions (FAQs)



1. What’s the first step in making an uninsured/underinsured motorist claim?

The first step to file an uninsured/underinsured motorist (UM/UIM) claim is to notify your auto insurance provider that you have been in an accident with someone who either had no insurance or likely did not have enough to pay for all of your damages. Your insurer will mail you release forms that are used to give them more information about the situation. However, before you rush into things and call your insurance company, it is advised that you speak with a car accident attorney. Your insurer might try to challenge your claim, and a lawyer can inform you about the best way to interact with them.

2. Is a hit-and-run driver an uninsured driver?

Most uninsured motorist insurance policies are usable after you are in a crash and the other driver flees the scene before identifying themselves. This is because uninsured motorist coverage applies when there is no insurance policy to file against. In this way, an absent driver is effectively the same as one who does not have any insurance at all.

3. Do you have uninsured/underinsured motorist insurance by default?

It is unusual for an auto insurance policy to include UM/UIM coverage by default. In most cases, auto insurance companies sell these policies as an add-on for a higher monthly premium. Everyone should double-check their insurance policy to see if they have UM/UIM coverage included. If you do not have UM/UIM coverage, then it is highly advised by auto insurance companies and personal injury attorneys alike that you examine your budget and add the best UM/UIM coverage to your policy that you can reasonably afford.

4. I accepted a settlement from the other driver – can I still use my UM/UIM coverage?

Once you accept a settlement or any sort of payment from the uninsured or underinsured driver who caused your crash, you cannot file against your auto insurance provider to use your UM/UIM policy. You should never sign a settlement or contract with the other driver or any party representing them without first talking to a lawyer.

5. What is an insurance credit that might be mentioned by the other driver’s insurer?

You cannot “double-dip” when collecting insurance benefits of any kind. If you have personal injury protection (PIP) coverage that automatically pays for some of your medical bills after a crash, regardless of liability, then any amount owed to you from the insurance company through your UM/UIM policy will be reduced by that amount. For example, if $10,000 of your medical bills are paid through PIP, then there is a $10,000 “credit” on your medical bills to be paid through your UM/UIM policy, assuming that you don’t hit the policy cap.

6. What is an examination under oath?

Insurance companies can instruct you to take an examination under oath when you file an uninsured motorist claim. The examination requires you to meet with a court reporter and a representative of the insurance company to discuss what happened. The idea is that it can “catch” people who might cause a single-car accident but then report it as a hit-and-run accident. Before attending this meeting, you can work closely with our lawyers, so you know what to expect and how to react.

Do not settle for a low amount of monetary compensation from your or the at-fault driver's insurance company—you deserve enough money to cover all expenses related to the car accident. Your future is at stake, so hire an experienced lawyer from Clawson & Clawson, LLP to legally represent you in your case.

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