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A car accident can create immediate financial concerns, especially when the driver who caused the crash has no auto insurance. Medical bills, lost income, vehicle repairs, and other expenses may continue to accumulate even when there is no liability insurer available to pay the claim.
For people injured in Denver, an uninsured at-fault driver does not necessarily mean there is no way to recover compensation. Your own insurance coverage may provide an important source of recovery, and other options may exist depending on the circumstances of the Colorado accident.
Colorado requires drivers to maintain minimum levels of liability insurance. Despite that requirement, some motorists continue to drive without coverage.
When an insured driver causes an accident, the injured person will typically pursue compensation through the responsible driver's liability coverage. When that driver is uninsured, this source of compensation is unavailable.
The injured person may instead need to investigate their own insurance policy and any other potentially applicable coverage.
This is why determining whether a driver is actually uninsured should be one of the first steps after a Denver car accident.
Potentially. Uninsured motorist coverage, commonly called UM coverage, is designed for situations in which an at-fault driver does not have applicable liability insurance.
Colorado insurers generally offer uninsured and underinsured motorist coverage with automobile liability policies, although an insured may reject this coverage in writing.
Whether UM coverage is available after a Denver crash therefore depends on the policy and the circumstances.
Our Denver car accident attorney can review applicable insurance policies and identify potential sources of compensation after a collision involving an uninsured driver.
UM coverage may compensate an injured person for covered losses that otherwise would have been pursued against the at-fault driver's liability insurer.
Depending on the injuries and policy, a claim may involve damages such as:
The amount available depends on factors including the injuries, damages, policy terms, and applicable coverage limits.
Property damage can involve different insurance considerations. Collision coverage, for example, may help pay for damage to an insured vehicle subject to the terms of the policy and any deductible.
A Denver accident victim should therefore review the entire policy rather than assuming every loss falls under one type of coverage.
There are important differences.
When another insured driver causes a Colorado accident, the injured person generally makes a liability claim against that driver's insurance company.
With a UM claim, the injured person may be seeking compensation through their own insurer.
That does not mean the claim will automatically be approved or paid at the amount requested.
The insurance company may still investigate:
Even though it is your insurance company, the insurer may dispute issues affecting what it is required to pay.
The terms sound similar, but they address different situations.
Uninsured motorist coverage may apply when the responsible driver has no applicable liability insurance.
Underinsured motorist coverage may become relevant when the responsible driver has insurance, but the available liability limits are insufficient to compensate the injured person fully.
For example, a serious Denver collision could cause damages far exceeding the at-fault driver's policy limits. In that situation, applicable UIM coverage may provide an additional source of compensation after the available liability coverage is addressed.
Both types of coverage can be especially important after crashes involving significant injuries.
Drivers sometimes discover that the insurance information exchanged at the scene does not result in valid coverage.
A policy may have lapsed, been canceled, or not covered the vehicle or driver involved. In other situations, the information provided at the scene may simply be outdated.
Do not assume that an insurance card proves coverage was active on the date of the Denver accident.
If an insurer denies coverage, preserve the denial and other communications. The reason for the denial can matter when determining whether an uninsured motorist claim may be available.
An injured person may have a legal claim against the driver who caused the accident even when that driver lacks insurance.
The practical question is whether pursuing the driver personally is likely to result in meaningful recovery.
An uninsured driver may have limited assets or income. In other cases, the driver may have resources that make direct recovery more realistic.
There may also be additional responsible parties or insurance policies depending on the circumstances.
For example, an investigation might reveal that the driver was performing job duties when the Denver collision occurred. Another vehicle owner or responsible party may also need to be considered.
Identifying every possible source of compensation is particularly important when the at-fault motorist has no insurance.
Hit-and-run accidents can also raise uninsured motorist issues.
If a driver causes a Denver collision and leaves before being identified, the injured person cannot immediately pursue that driver's liability insurer.
Applicable UM coverage may become important in this situation.
The accident should be reported promptly, and evidence that could help identify the fleeing vehicle should be preserved.
Useful evidence may include:
Even if police do not immediately identify the driver, preserving evidence can support both the investigation and a potential insurance claim.
The steps taken after a Denver collision can affect an eventual claim.
First, obtain appropriate medical attention and report the accident to law enforcement. If possible, exchange identifying information with the other driver even if that person admits they have no insurance.
You should also consider the following:
Prompt action can also help preserve evidence if fault later becomes disputed.
Many people assume that filing a claim with their own insurer will be easier because they have paid premiums for coverage.
However, disagreements can still arise.
An insurer may dispute whether the other driver caused the accident, question the severity of an injury, challenge medical treatment, or disagree with the amount of compensation being requested.
Insurance policy language can also become important.
Walker Law LLC handles personal injury and insurance matters in Denver, giving us experience with issues that can arise when accident victims seek benefits under applicable insurance coverage.
A careful review of the policy and claim can help determine what benefits may be available and whether the insurer's position is consistent with its obligations.
After learning that an at-fault driver is uninsured, accident victims may feel there is no reason to pursue a claim.
That conclusion can be premature.
Multiple insurance policies may need to be reviewed, and potentially responsible parties may not be obvious immediately after the crash. Early investigation can also preserve evidence needed to establish that the uninsured driver caused the collision.
For people injured in Denver, this may involve reviewing the police report, insurance documents, witness statements, vehicle information, photographs, and other evidence.
The absence of liability insurance changes the claims process, but it does not necessarily eliminate the possibility of financial recovery.
If you are dealing with injuries caused by an uninsured driver in Denver, our attorneys are here to help. Walker Law LLC can investigate the accident, review available uninsured or underinsured motorist coverage, address insurance disputes, and help identify potential sources of compensation.
Call us today at (720) 414-6965 or connect with us online to schedule a free consultation.
