Suffering injuries in a car crash can be overwhelming. Learning that the driver who caused the accident doesn’t carry enough insurance to cover your damages can make things worse.
Fortunately, if you’re hurt in a crash with an underinsured driver in Colorado, there may still be ways to recover compensation. Contact our Castle Rock underinsured and uninsured car accident lawyer to file a claim. Schedule your free consultation today.
Colorado Car Insurance Requirements
Colorado law requires all drivers to carry a minimum amount of liability insurance. This coverage is designed to cover bodily injuries and property damage that an insured driver causes in a crash.
The minimum liability insurance limits in Colorado are:
- $25,000 for bodily injury or death to a single person in one accident
- $50,000 for total bodily injury or death to multiple people in one accident
- $15,000 for property damage per accident
These limits are often referred to as 25/50/15. However, in many cases, this minimum coverage isn’t enough to cover the full extent of your losses.
Uninsured/Underinsured Motorist (UIM) Coverage
In addition to liability insurance, Colorado law also requires insurance companies to offer underinsured motorist (UIM) and uninsured motorist (UM) coverage to drivers. While not mandatory, this coverage can be incredibly valuable.
UIM coverage applies when the at-fault driver has insurance but their policy limits are too low to cover your full damages. UM coverage is triggered when a driver has no insurance policy. In these situations, your own UM/UIM policy can help cover your damages.
If you accepted UIM coverage when you bought your auto insurance policy, it can help pay for:
- Emergency medical treatment
- Hospital bills and follow-up care
- Lost wages if you can’t work
- Pain and suffering
- Long-term disability or rehabilitation
- Emotional distress and diminished quality of life
You may also have other first-party insurance coverages that help cover your damages. For example, if you have collision coverage, this policy will pay for damage to your own vehicle, regardless of who was at fault. Additionally, medical payments coverage (MedPay) can help cover your medical expenses related to the crash .
Can The At-Fault Driver Be Held Liable Directly?
In some situations, you may be able to file a personal injury lawsuit against the underinsured driver. However, this approach may not be viable if the driver lack’s sufficient financial resources (which is likely the reason they are underinsured). If they don’t have assets or income, collecting on a judgment may be difficult or impossible.
Steps to Take After an Accident With an Underinsured Driver in Castle Rock
If you’re hit by a driver who doesn’t have enough insurance coverage, you should take certain steps to protect your health and injury claim.
Take the following actions to preserve your right to compensation:
- Call 911. Always report the accident and request an official report. This documentation will be critical for your insurance and legal claims.
- Exchange Information and Document the Scene
- Collect the other driver’s contact and insurance information. Take photos of the damage, the vehicles, and the scene, and gather witness contact details if possible.
- Notify your insurance company. Let your insurer know you were involved in an accident with an underinsured driver. This will initiate the UIM claims process if you carry this coverage.
- Seek prompt medical attention. You should seek medical care, even if your injuries seem minor. Some injuries may worsen or become noticeable hours or days after the crash. Additionally, if you decline to seek medical treatment, the insurance company could accuse you of failing to mitigate your damages.
You should also consult an experienced underinsured lawyer in Castle Rock as soon as possible after your crash. Our Castle Rock uninsured attorney can help you understand your rights and identify all avenues for recovering compensation after your collision with an underinsured driver.
Contact Casares Injury Law to schedule a free consultation with a Castle Rock personal injury attorney. We’ll help you evaluate applicable insurance coverages and identify all possible sources of compensation.