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
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,
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
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.