What Should You Do if You’re Hit by an Uninsured Driver in Colorado?

Being involved in a car accident is stressful enough, but discovering that the at-fault driver is uninsured can add layers of frustration and financial concern. This situation is more common than many might think and requires a proactive approach to protect your rights and recover potential damages. Whether an accident happens in Denver, Commerce City, or elsewhere in Colorado, understanding the best steps to take if you’re hit by an uninsured driver is essential.

Introduction: The Reality of Uninsured Drivers in Colorado

Driving without insurance is illegal in Colorado, yet some drivers still take the risk, leaving others vulnerable when accidents occur. This guide outlines what you need to do to protect yourself, secure compensation, and minimize the impact on your financial stability if you’re hit by an uninsured driver.

Immediate Steps to Take After the Accident

1. Ensure Safety and Contact Authorities
The first priority after any accident is safety. Move to a secure location if possible, and call 911 if there are injuries or significant damage. Inform the authorities that the other driver does not have insurance. This will help document the event officially, which can be crucial for any subsequent claims.

2. Gather Information
Even if the at-fault driver is uninsured, collecting detailed information can be beneficial:

• Name and contact information of the other driver
• Vehicle make, model, and license plate number
• Contact details of any witnesses
• Photos of the scene, damage, and relevant road conditions

3. Seek Medical Attention
Even if your injuries seem minor, visiting a doctor after an accident is crucial. Some injuries may not be immediately apparent but can develop complications later. Documentation from medical professionals can also support any insurance or legal claims.

Insurance Coverage Options in Colorado

1. Uninsured/Underinsured Motorist (UM/UIM) Coverage
Colorado drivers are encouraged to carry uninsured/underinsured motorist coverage, which helps protect you if the at-fault driver has no insurance or insufficient coverage. This type of policy can cover medical expenses, lost wages, and pain and suffering.

Example Scenario: A driver in Westminster was rear-ended by an uninsured motorist, resulting in significant damage and medical bills. Fortunately, their UM coverage allowed them to recover expenses without bearing the financial burden personally.

2. MedPay (Medical Payments Coverage)
MedPay is an optional type of coverage that pays for medical expenses regardless of who is at fault. This coverage can be particularly useful when the at-fault driver is uninsured, providing a layer of financial protection.

Filing a Claim with Your Insurance

1. Notify Your Insurance Company
Report the accident to your insurance provider as soon as possible. Explain the situation and provide them with any documentation you have gathered, including police reports, photos, and medical records.

2. Understand Your Policy Limits
Review your policy to understand the extent of your UM/UIM and MedPay coverage. If your policy limits are not sufficient to cover all expenses, you may need to explore other avenues for compensation.

Legal Options When the At-Fault Driver Is Uninsured

1. Filing a Lawsuit
If your insurance coverage does not fully compensate your losses, you may consider filing a lawsuit against the at-fault driver. However, it’s essential to keep in mind that if the driver was uninsured, they may not have significant assets, making recovery more difficult.

2. Consulting an Attorney
Navigating the legal complexities after an accident with an uninsured driver can be challenging. Consulting an experienced attorney, like those at flanagan.law, can help you explore your options, negotiate with your insurance company, and pursue any legal action if necessary. This step is especially valuable for residents in cities such as Aurora and Broomfield, where legal resources are accessible.

The Importance of Being Prepared

1. Review and Update Your Insurance Policy
Accidents with uninsured drivers highlight the importance of having comprehensive insurance coverage. Review your policy regularly to ensure that you have adequate UM/UIM and MedPay coverage.

2. Educate Yourself About Your Rights
Understanding your rights as a driver in Colorado helps you make informed decisions in the aftermath of an accident. Familiarize yourself with Colorado’s insurance requirements and the benefits of additional coverage options.

Example Case: A driver in Commerce City opted for higher UM coverage after hearing about a friend’s experience with an uninsured motorist. When they were later involved in a similar situation, the increased coverage made all the difference in covering their medical bills and vehicle repair costs.

Conclusion: Protecting Your Future

Being involved in an accident with an uninsured driver can be daunting, but knowing how to respond can make a significant difference in your recovery process. Ensuring that you have the right insurance coverage, gathering thorough documentation, and consulting with legal professionals are all proactive steps to protect your rights and financial security. If you find yourself in this situation, don’t hesitate to reach out for guidance and support.

FAQ

1. What is UM/UIM coverage, and why is it important?
Uninsured/underinsured motorist coverage protects you financially if an at-fault driver does not have sufficient insurance to cover your expenses.

2. Can I still file a claim if I’m partially at fault for the accident?
Yes, Colorado’s comparative negligence law allows you to file a claim as long as you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.

3. How do I know if my insurance covers accidents with uninsured drivers?
Check your insurance policy or consult your insurance agent to confirm if you have UM/UIM coverage and its limits.

4. What should I do if the at-fault driver refuses to provide insurance information?
Contact law enforcement to document the incident and gather as much information as possible. This will help support your claim with your insurance company.

5. Is it worth pursuing legal action against an uninsured driver?
It depends on the driver’s financial situation. An attorney can assess whether pursuing a lawsuit is a viable option based on the driver’s assets and potential for recovery.