Can You File a Claim Against an Uninsured or Underinsured Driver?

Being hit by a driver with little or no insurance can feel overwhelming and unfair, because it often means you’re left covering costs that aren’t your fault. Many people aren’t sure if they can still get money for car damage, medical bills, or pain and suffering after an accident with someone who is uninsured or doesn’t have enough coverage. The good news is, you still have options, and an Aurora personal injury lawyer can help you figure out what insurance might be available.  

Required Car Insurance in Colorado

Colorado law requires all drivers to carry a minimum amount of car insurance if they’re on the road. The current minimum limits for auto insurance are:

  • $25,000 for bodily injury to one person
  • $50,000 for bodily injury per accident (if two or more people are hurt)
  • $15,000 for property damage per accident 

Plenty of drivers in Colorado only carry the lowest amount they legally can. Unfortunately, some ignore the law entirely and drive without any insurance at all.  

Colorado doesn’t make uninsured (UM) or underinsured (UIM) motorist coverage absolutely mandatory, but it is recommended and must be offered by your insurance company. Without this extra coverage, victims can face an uphill battle.

Filing a Claim Through Your Own Uninsured or Underinsured Motorist Coverage

Uninsured and underinsured motorist (UM/UIM) coverage is special insurance you can buy to protect yourself if you’re hit by a driver who has no insurance or not enough insurance to cover your losses. In Colorado, every insurance company is required to offer you UM/UIM coverage, although you do have the right to turn it down in writing. 

Most people buy coverage that matches their liability policy limits. If you have this coverage, it can help pay for:

  • Medical bills resulting from the crash
  • Wages you miss out on because you’re too hurt to work
  • Pain, suffering, or other hardships caused by the accident

UM/UIM coverage gives you a safety net, allowing you to file a claim with your own insurer rather than hoping the at-fault driver finds a way to pay for the damage they’ve done. 

What If You Don’t Have UM Coverage?

If you don’t have uninsured or underinsured motorist coverage and the other driver doesn’t have insurance or is underinsured, your next step would be to sue the at-fault driver personally. While this is legally possible, the reality is that many uninsured drivers don’t have much in the way of assets, savings, or property for you to recover through the courts. 

Collecting money might mean trying to get a wage garnishment or seek their assets, but, for most victims, the chances of seeing significant compensation from someone in this situation are unfortunately very low.

If You Don’t Have Underinsured or Uninsured Coverage and The Other Person Has No Assets

If you’re involved in a crash with an uninsured or underinsured driver, you don’t have UM/UIM coverage, and it’s looking like you won’t be able to actually recover anything from the other driver,  you’re in a tough spot. It becomes much harder to recover the money you might need for medical costs, repairs, or lost income. Many people in this situation feel frustrated, but there may still be options.

A lawyer can carefully go through your case and look for other ways to get help. Sometimes, your health insurance can step in to handle your medical bills. In some cases, there could be another liable party, like a reckless employer who let an unsafe driver use their vehicle. 

These situations can be complicated, but a knowledgeable attorney will know where to look and how to maximize your chances of recovery. Getting professional advice is critical. We can review all the details, explain your rights, and give you answers about what legal paths might still exist. Contact us to set up a free consultation at 303-625-6643.