Uninsured Motorist and Hit-and-Run Lawyers in Colorado Springs

Many drivers in Colorado carry little or no insurance. When one of them causes a crash, or when the driver can’t be found at all, the claim that pays is usually against your own insurance company, under your uninsured and underinsured motorist coverage (often called UM/UIM).

Uninsured and underinsured coverage

Uninsured motorist coverage pays for your injuries when the at-fault driver has no liability insurance. Underinsured motorist coverage pays when they have some, but not enough to cover your losses.

Colorado requires every auto insurer to offer this coverage, and it is part of your policy unless you rejected it in writing. Since 2008, underinsured coverage in Colorado is added on top of the at-fault driver’s insurance rather than reduced by it. If the other driver has $25,000 in coverage and your losses are far beyond it, your underinsured coverage pays in addition to that $25,000, up to your own limits.

Coverage can also come from more than one policy: a relative’s policy in your household, or a policy on a vehicle you were a passenger in.

Hit-and-run crashes

A driver who flees is treated as uninsured, so your uninsured motorist coverage generally applies. Policies differ on what they require, such as a prompt police report and, in some policies, physical contact between the vehicles. Report the crash to the police immediately and tell your insurer promptly. Look for witnesses and video, because evidence that another vehicle was involved is what these claims turn on.

When your own insurer is on the other side

This is the part people don’t expect. Your insurer owes you a duty of good faith, but in a UM/UIM claim it stands in the shoes of the at-fault driver, and it will dispute fault, injuries, and value just as the other driver’s insurer would. Your policy will also have its own requirements, such as notice, cooperation, and sometimes consent before settling with the at-fault driver. Missing one can jeopardize the coverage.

Colorado law gives you a remedy if your insurer unreasonably delays or denies benefits it owes. A covered benefit delayed or denied without a reasonable basis can entitle you to two times that benefit plus attorney fees. See insurance bad faith.

How we handle these claims

We find every policy that could apply, read the policy terms before anyone gives a statement, and sequence the claims so settling with the at-fault driver doesn’t compromise your underinsured claim. We document the claim the same way we would against any other insurer, and we hold your insurer to the standard Colorado law sets for how it must treat you.