The Insurance Research Council has determined that approximately 13% of motorists on the road are uninsured. Even though these numbers are dropping annually ever-so-slightly, they are still rather staggering, especially when you realize this means more than one out of every ten drivers involved in an accident doesn't have the right insurance.
As an insured driver, you might have what is called uninsured motorist or under-insured motorist protection. This is a form of coverage that gives you what you need to pay for car repairs, medical bills, or property damage paid out by your insurance company if the other driver doesn't have an insurance company that can be held liable.
Often times though, in serious car accidents, this coverage can fall short, or even downright not cover your needs. This can make it difficult for people who are hit by uninsured motorists to know what steps to take to get the compensation that they deserve.
If you have been hit by an uninsured motorist in Colorado, you undoubtedly have a lot of questions and concerns about what to do next. At Anderson Hemmat, we have over 40+ years of experience helping motorists get the compensation they deserve from their Colorado Uninsured/Under-insured Car Accidents.
We created this guide to help you find the answers to your questions, and help you get in touch with one of our highly experienced Colorado Uninsured Motorist Accident Attorneys in order to learn more.
The #1 Thing You Should Know: Colorado’s At Fault System
Colorado uses an at-fault system which means the driver who is deemed “at fault” is responsible for their expenses and those of the victim(s). If the at-fault driver has no insurance, you may be able to file a liability claim with your insurance company to recover compensation for some damages.
Fortunately, Colorado does require all car insurance companies that operate in the state to provide people with the option for uninsured motorist insurance. However, the terms of these policies can vary based on the company, which can lead to gaps in coverage in many cases.
A seasoned Colorado personal injury attorney may be able to help you in filing such a personal injury claim and representing your best interests so that you get the settlement you need to cover the costs incurred in your accident. That is, after all, why you pay for insurance in the first place.
Start Your Free Uninsured/Under-insured Driver Crash Case Evaluation Now:
Motor Vehicle Accidents Cause Costly Injuries
When you are in a car accident, the most likely result is that you come away with injuries. They can be moderate to severe, and sometimes even result in the death of a loved one. It is difficult to think about where the money will come from when such events occur, because your main concern will be healing, or helping your family through this difficult and painful time.
Unfortunately, money can be a problem in these situations, and it is unfair for you to have to shoulder the cost of a car accident that you did not cause.
Don't let financial worry get you down, because you can call a car accident lawyer for your uninsured motorist personal injury case. We can help you file a claim with your own insurance company, to cover the medical expenses and property damage that result from the auto accident. It is their responsibility to pay these expenses when you have the coverage, and they will seek recompense afterward from the responsible party if possible.
Seeking Compensation for Your
Colorado Uninsured Motorist Accident - Your Legal Right
If you have uninsured motorist insurance, it is your legal right to see to it that your insurance company takes care of you in this situation. At Anderson Hemmat, we have been helping clients injured in auto accidents for years, and we may be able to assist you with legal representation in your personal injury claim.
If we take on your case, we will fight for a case resolution that is as favorable to you as possible, so that you can cover medical costs, pain and suffering, and other damages suffered in the accident, based on the circumstances of your case. We have experience working closely with insurance companies, and we know just how to handle the process so that everything is streamlined and efficient.
You shouldn't have to wait and enter a lengthy struggle for the assistance that is rightfully yours, and we will do our best to be sure you don't have to. If you have been injured in an auto accident with an uninsured motorist, contact one of our Denver car accident attorneys who may be able to help you obtain compensation.
What Should I Do if I Have Been Hit by an Uninsured Motorist in Colorado?
The first thing you would normally do an accident is asked for insurance information but when the at-fault driver tells you that they don't have any, there are still steps you should follow:
1. Call the Police
Whether or not the other person has car insurance, you still need to call the police when you are involved in a car accident. This is even more important if the at-fault motorist is uninsured or under-insured because your police report will then be the primary piece of evidence used to help get your expenses covered and to process any of the claims you have to submit on your end.
Without a police report, it is difficult to have proof or account of the accident, what happened, the stories from either side, and legitimate documentation of the damages to your vehicle. A police report is the primary piece of evidence in a case like this.
2. Do Not Accept Cash
Drivers who are aware that driving without car insurance coverage in the State of Colorado can lead to fines, penalties, and more might try to settle the claim at the scene of the accident by offering you cash or a check on the spot for your damages. This might seem like a good idea, especially because you may not get a settlement otherwise, but you don't know what your damages truly are or the cost of your injuries. So, don't take any money at the scene of the crime. Wait to file a claim until you know what your costs legitimately amount to.
One of the biggest mistakes that people involved in uninsured accidents in Colorado make is that they drastically underestimate the cost of the damages to their vehicle, and the potential their injuries have to develop into long term medical problems. Don’t sell yourself short, be sure that if you are compensated for your damages, you get the right amount.
3. Exchange Information
Even though you cannot get their insurance information, you still need to exchange vehicle details and contact information with them. Ask any witnesses for their contact information so that they can be called upon to give a formal statement during your claims process.
You should also be sure to get any contact information from the responding police officer, such as their name, badge number, and department. This way, you can also easily have access to more helpful information for your case as needed.
4. Take Notes & Pictures
You should be sure to take lots of notes on what happened. Include details such as the make and model of the other vehicle, the time and the location where the accident took place, name and badge numbers for any officers who arrive on the scene. You want to have as much information as possible when you go up against your insurance company. Pictures help capture things like the direction from which the other vehicle came, license plates, (especially if the uninsured driver tries to flee) and damage done to the vehicle, etc.
In this modern age, cell phones are your best friend in a car accident. Taking photos and videos of the location, damage and injuries you have sustained will help to not only provide photographic evidence, but also a physical time stamp and location within the metadata of the photos - proving without a doubt when and where your accident happened.
5. Always Seek Medical Attention
Even if you are perfectly fine, clear headed, and have no visible injuries from your accident, you should always seek medical attention immediately after an accident. This will help document any injuries or problems you have and help to provide a base to go back on if any injuries or complications evolve over time that were caused by your accident.
One of the biggest mistakes people make after a car accident is not seeking medical attention. You may feel fine, but soft tissue damage can be hard to detect and can cause serious complications over time. Without documentation from a physician after the accident, it can be nearly impossible to prove that long term injuries later down the line stemmed from your accident - making seeking compensation for them impossible also.
6. Contact an Attorney & Your Insurance Provider
At this point, you have all the information you need to contact your insurance company and tell them about the accident. You want to let them know upfront that you were hit by an uninsured or under-insured motorist because that changes the process they must follow. There will be information you need to submit, essentially everything covered above such as your policy number, the date and time and location for the accident, and the police report number.
You will also want to speak to a Colorado uninsured motorist accident attorney as soon as possible once you are off the phone with your insurance company. They can take a look at the details of your case and help you figure out how much compensation you deserve. They also help you to navigate the complex legal landscape in order to get paperwork submitted on time and give you the best chances of maximizing your compensation.
Why Do I Need a Colorado Uninsured Car Accident Attorney?
Your insurance company will ask you to provide a detailed report with as much information as possible. This is where all that information you wrote down and all of your pictures come into play. They will likely also require the contact information for the driver at fault.
1. Dealing with Insurance Companies
The reason you need an attorney by your side is that your insurance company is now going to be liable for the claims process which means they will have to cover the cost of the damages and injuries sustained.
Even though they may sound perfectly nice on the phone, rest assured that insurance agents receive training specifically on how to avoid paying out claims even if they are warranted. Insurance companies know the Statutes of Limitations affecting your case and will try their hardest to wait out your claim until it is no longer payable by stalling you along the way.
Experienced Denver Car Accident Attorneys know how to work with insurance companies in order to get claims submitted on time, and demand the compensation they know you deserve. Our team works tirelessly to provide you with the legal support you need to make your insurance company payout. We also take the time to answer all your questions along the way and help you understand the process in order to give you peace of mind, and confidence in your claim.
2. Filing A Lawsuit Against the At-Fault Driver
Another reason you might need an attorney is to file a lawsuit against the at-fault driver. You have the option to file a lawsuit against the uninsured driver if you can prove that they were at fault for the car accident.
This can be a tricky process where even if you do win your case, collecting payment can be challenging given the fact that most people who are uninsured or under-insured simply don't have money or assets that can be used to cover these costs. Still, there are some who do and a handful of follow-up legal actions at your disposal, which attorneys can help with.
3. Get Your Time Back & Maximize Compensation
Even if you know every step of the process and do everything right, able to escape the stalling of the insurance company, and submit all the correct documentation correctly on time, you still have to ask yourself if it is worth all that time.
You have a life to live, and the last thing you want to do is spend your free time outside of work and regular life working on a car insurance claim for your uninsured accident. Attorneys help to save you time by handling the entire legal process for you and help to maximize the compensation you can receive by properly navigating the law and presenting your case.
Best of all, the Best Colorado Uninsured Car Accident Attorneys never charge a dime until they win your claim, meaning that you don’t pay out of pocket, and you only pay for results.
Colorado Uninsured Motorist Accident FAQ
Have more questions about your accident? We have answers.
What is the penalty for not having car insurance in Colorado?
Four points against your license, a minimum $500 fine (which can go higher), and your license will be suspended until you can supply proof of insurance.
What are the minimum requirements for auto insurance in Colorado?
Minimum liability insurance requires $15,000 for property damage total, $25,000 for bodily injury per person, and $50,000 total for bodily injury per accident.
How long does an insurance company have to respond to a claim in Colorado?
Insurance companies have 15 days to approve or deny a claim. If they can prove it is necessary, they can get a 45 day extension.
How long do Colorado uninsured motorist accident claims take to settle?
This is based on the case and if the insurance settles early. If they settle, it can be done in 1-2 months. If they fight it, it can take years.
What is the average settlement for Colorado uninsured motorist accident claims?
This is based on the severity of the case, the extent of injuries and damages.
What is the process like?
First, you file a claim, then the insurance company responds to that claim either approving it or denying it. If they deny it and you go to court, you submit your case and the insurance responds to that case. Thereafter, the case goes into what is called the discovery phase where both sides find evidence for their side of the case. This can take 12-15 months on average. After that, the other party likely will submit a motion asking the court to dismiss the case and if the judge does not approve, then it goes to trial. A trial lasts, on average, 5-7 days.
Have You Been Hit by An Uninsured Motorist in Colorado? Get A Free Case Evaluation Today.
If you have been struck by an uninsured motorist in the State of Colorado, give us a call immediately. Our experienced Colorado Uninsured Car Accident Attorneys have over 40+ years of experience helping drivers get the compensation they deserve.
Give us a call today to get a free case evaluation, where our team will help answer all of your questions, assess your case, help you figure out what you are entitled to, explain the next steps, and get the process started.
Don’t wait to get the compensation you deserve, and don’t struggle through your case alone. Get the expert representation you need and maximize your compensation for your experiences.