Dealing with Uninsured or Underinsured Drivers After an Accident
Being in a car accident can be confusing, but if the at-fault driver is uninsured or underinsured, it can be even more so. If you’re in an accident, the other driver might be uninsured, so it’s important you know what to do. A car accident lawyer in Boulder can assist you with legal advice when filing a car accident claim in a circumstance such as this.
Call (720) 863-6006 to schedule a free, no-obligation consultation at Daniels & Scriven, P.C. today.
Colorado’s At-Fault Insurance System
Colorado is an at-fault state for car accidents. Therefore, the driver found at fault for the accident is responsible for paying for the damages they cause. Just because a driver is uninsured does not mean they caused the accident. If you were involved in an accident with an uninsured or underinsured driver, you will still have to show the driver was at fault. Evidence that may help prove fault could include:
- Accident reports
- Photos or videos of the accident scene
- Your statement and the statement of the other driver
- Eyewitness statements
- Skid marks and road debris
Mandatory Insurance in Colorado
Colorado law requires all drivers to carry certain minimum liability coverage, which covers the bodily injury and property damage to others. These minimum requirements include:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to more than one person in an accident
- $15,000 for property damage
Uninsured and Underinsured Motorist Coverage
According to the Insurance Information Institute, up to 17.5%, or more than one in six, of drivers in Colorado are uninsured.
If you are injured in an accident with an uninsured or underinsured driver, you may have insurance coverage that applies to your case. Uninsured motorist (UM) coverage pays for your damages when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage pays for damages that exceed the amount of the insured’s coverage, up to your policy limits.
Uninsured motorist coverage is not mandatory in Colorado. However, insurance companies must offer this coverage when selling auto insurance policies. If you accepted this coverage when you purchased your policy, you could file a claim with it to cover your damages. An experienced car accident lawyer can review your insurance policy and help you with filing a claim.
What Should I Do If I’m in a Wreck with an Uninsured or Underinsured Motorist?
The first thing you should do is call the police. The other driver might be asking you not to because they don’t want to get in trouble. They may even promise to pay for your damages. However, if they didn’t have money to pay for insurance, they probably don’t have money to pay for your car repairs and medical expenses.
You will need a police report that shows the other driver was uninsured when you make a claim under your uninsured motorist policy. Law enforcement can document the accident, investigate to determine fault, and verify the other driver does not have insurance. Be sure you get the other driver’s name, contact information, and driver’s license number.
Make a report with your ow insurance company. Ask if you have UM/UIM benefits. Contact an experienced Boulder personal injury lawyer who can investigate your case and identify all possible pathways for recovery.
Call Our Skilled Boulder Car Accident Lawyers
If you were injured in an accident with an uninsured driver, you need an experienced car accident lawyer who can advise you of your legal rights and options. Contact Daniels & Scriven, P.C. online or call (720) 863-6006 today for a free case review.