What If the Other Driver Was Uninsured or Underinsured in a Car Accident?

Getting into a car accident is stressful enough, but finding out the other driver has no insurance or not enough coverage to pay for your damages can make an already bad situation even worse. Unfortunately, this is a reality many drivers in Colorado face. If you’ve been hit by an uninsured or underinsured driver in Colorado Springs, you may be wondering, how will I recover compensation for my injuries and losses?

At Pribila and Fields, we help car accident victims throughout Colorado understand their rights and options, especially when insurance coverage is limited or nonexistent. In this post, we’ll break down how uninsured/underinsured motorist coverage (UM/UIM) works in Colorado, what steps to take after an accident, and how a skilled attorney can help you pursue the compensation you deserve.

Colorado’s Insurance Requirements

Under Colorado law, all drivers are required to carry a minimum amount of auto insurance:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $15,000 for property damage

Despite these legal requirements, some drivers on the road either don’t carry insurance or carry only the minimum coverage, which often falls short of covering serious injuries or vehicle damage. When you’re hit by one of these drivers, your own insurance policy becomes your first line of defense if you have the right coverage in place.

What Is Uninsured/Underinsured Motorist Coverage (UM/UIM)?

Uninsured/underinsured motorist coverage (often abbreviated as UM/UIM) is optional insurance coverage that protects you if:

• The other driver has no insurance (uninsured)
• The other driver’s insurance isn’t enough to fully cover your medical bills or losses (underinsured)
• You’re the victim of a hit-and-run and the at-fault driver can’t be identified

UM/UIM coverage typically pays for:

• Medical expenses
• Lost wages
• Pain and suffering
• Funeral expenses (in fatal crashes)

In Colorado, insurance companies are required to offer UM/UIM coverage when you purchase a policy, though you may opt out in writing. If you’re not sure whether your policy includes this coverage, it’s worth checking your declarations page or asking your insurer directly.

What to Do After an Accident With an Uninsured or Underinsured Driver

If you're involved in a crash with a driver who lacks sufficient insurance, your actions immediately following the accident can help protect your claim:

• Call the police: Always report the accident and request a police report. This creates official documentation of the incident.
• Get the other driver’s information: Even if they admit they don’t have insurance, collect their contact and vehicle details.
• Take photos and gather witness information: Document the scene, damages, and any visible injuries. Eyewitnesses can also help validate your account.
• Seek medical attention: See a doctor promptly, even if you don’t think your injuries are serious. Some injuries may not appear until hours or days later.
• Notify your insurance company: Inform them of the accident and ask how to proceed with a UM/UIM claim.
• Consult an attorney: A skilled car accident lawyer can handle communication with insurers and help you build a strong claim.

How Do UM/UIM Claims Work in Colorado?

If you file a UM/UIM claim with your own insurer, you may assume they’ll automatically step in to help. But it’s important to remember: even your own insurance company becomes an opposing party in this scenario. They may try to minimize your payout, challenge your injuries, or delay the process.

To successfully file a UM/UIM claim, you’ll need to:

• Prove the other driver’s fault
• Show that the other driver lacks sufficient insurance
• Demonstrate the extent of your damages and losses

This often involves gathering medical records, wage statements, repair estimates, and possibly expert testimony. Insurance companies are businesses, and even your own provider may push back against a full-value claim.

Stacking UM/UIM Policies in Colorado

Colorado allows “stacking” of UM/UIM coverage in certain situations. If you have multiple vehicles on your policy or multiple UM/UIM policies, you may be able to combine the coverage limits to increase your compensation. For example, if each vehicle on your policy carries $100,000 in UM coverage and you have two cars, you might be able to claim up to $200,000 in benefits depending on how your policy is written.

Understanding the fine print in these policies can be tricky, which is another reason to speak with a knowledgeable attorney.

Can You Sue the At-Fault Driver Directly?

In theory, yes you can sue an uninsured or underinsured driver personally. However, in practice, this is rarely a useful option. Most uninsured drivers don’t have the personal assets to pay a judgment, even if you win in court. Instead, recovering through your own UM/UIM coverage is usually faster, less stressful, and more successful.

Call Pribila and Fields After a Colorado Car Accident

If you’ve been hit by an uninsured or underinsured driver in Colorado Springs, you don’t have to handle it alone. At Pribila and Fields, we understand how frustrating it can be to deal with limited insurance coverage and reluctant adjusters. We’ll help you:

• Investigate the accident
• File and manage your UM/UIM claim
• Negotiate for full compensation
• Explore all available legal remedies

Our goal is to take the pressure off your shoulders so you can focus on healing and moving forward.

If you’ve been injured in a crash and the other driver lacked adequate insurance, learn more about your rights under Colorado law or contact us today to schedule a free consultation. We’re here to help you get the compensation you deserve, even when the other driver falls short.