Personal Injury Home Car Accidents Uninsured Motorist Accidents

Colorado Springs Uninsured Motorist Accident Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 28 September 2026

Key Takeaways

Deadline: 3 years for a UM/UIM claim, and in some cases longer (C.R.S. 13-80-107.5).
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

What is uninsured motorist coverage?

Coverage on your own policy that pays when the person who hurt you cannot.

It steps in where the at-fault driver had no insurance, had too little to cover the harm (that part is called underinsured motorist coverage), or was never identified at all — a hit and run. Colorado requires insurers to offer it with every liability policy under C.R.S. 10-4-609, which means you have it unless you rejected it in writing.

Do I need uninsured motorist coverage in Colorado?

It is the coverage most worth having and the one most quietly declined.

Colorado does not compel you to buy it — the insurer must offer it under C.R.S. 10-4-609 and you may reject it in writing — so a large number of drivers discover after a crash that they signed it away to save a small premium. It is the only part of your policy that protects you from other people's choices, and it is usually inexpensive relative to what it covers.

Did an Underinsured Driver in Colorado Springs Cause Your Crash and Leave You with Bills?

Most states in America require drivers to have auto insurance, and Colorado is no exception to this rule. The state has strict guidelines requiring all motorists to have some form of automobile insurance, or at least proof of their ability to pay for damages, before they are allowed to drive. Sadly, not everyone follows the law. While most people assume they will be able to file a claim against the at-fault driver’s insurance if they are in a car wreck, with uninsured and underinsured motorists, this is not always the case.

Every year, collisions are caused by drivers who don't have any coverage or who lack the coverage to pay for the damages they caused. This means victims are often left footing the bill. If you or someone you love has been injured by an uninsured motorist, the Colorado Springs car crash attorneys at The Bussey Law Firm, P.C., may be able to help. Call us today at (719) 475-2555 to learn more.

Uninsured and Underinsured Motorists

Auto insurance is a legal requirement for all drivers in Colorado. However, not everyone follows the law. Some people feel they cannot afford insurance, others don’t want to go through the hassle of getting it. In either case, a person who does not have auto insurance is called an uninsured motorist (UM). If you were involved in an accident with this person, you would not be able to file a claim against his insurance provider, as there would be no insurance provider.

On the other hand, some drivers follow the law but only have the minimum required auto insurance. In Colorado, the legal minimum is fairly low, which means a serious accident could cost more than the driver’s insurance policy can pay for. In such a case, the driver would be considered an underinsured motorist (UIM). If you were to get into an accident with this person, you would be able to recover as much compensation as her insurance policy allows; however, you would likely not be able to recover as much as the accident ultimately costs you.

The Facts on Uninsured Motorists

The Insurance Research Council estimates that 19.7% of Colorado drivers were uninsured in 2023, the 9th highest rate in the country, against 15.4% nationally. The estimate is the ratio of uninsured motorist claims to bodily injury claims (Insurance Information Institute, “Facts + Statistics: Uninsured motorists”, citing the Insurance Research Council; read September 25, 2026).

Even a driver who is insured may carry only Colorado’s minimum of $25,000 per person for bodily injury (C.R.S. 42-7-103(2)), which a serious injury can exceed quickly. That gap is what underinsured motorist coverage fills.

Insurance Minimums in Colorado Are Low

According to Colorado law, drivers are required to carry at least a minimum amount of liability insurance:

$25,000 per person to cover bodily injury
$50,000 per accident to cover bodily injury for two or more people
$15,000 per accident to cover property damage

For serious accidents, the medical bills for victims can easily reach into the hundreds of thousands of dollars. This is why insurance companies offer underinsured or uninsured motorist coverage (UM/UIM): if you are in an accident with an uninsured driver, you will be covered up to your policy limits. But even when you do have this policy, it may not be enough to cover your injuries. When considering UM/UIM coverage, remember – the more you can purchase ahead of time, the better!

Recovering Damages from an Uninsured Motorist

You may be wondering how someone could recover compensation after a car accident with a UM or a UIM. After all, if there is no at-fault insurance company, what is there to do? Well, in Colorado, insurance companies are legally required to offer UM/UIM policies to all clients. These policies allow you to file a claim against your own insurance provider, and get the compensation you would normally get from the at-fault driver through your own insurance company.

These policies usually match your liability coverage. If you have the Colorado minimum, your UM/UIM coverage would be $25,000 per person and $50,000 per accident; it covers bodily injury, and damage to your car from an uninsured driver is a separate coverage (C.R.S. 10-4-609(1)(a), 10-4-610). If the at-fault driver was underinsured, you could file a claim against his insurance, get the max bodily injury policy of $25,000, then turn around and file a claim with your own company to get another $25,000 to cover the bills.

Of course, when you file against your own insurance company, you stop being a client and start being a potential threat to the company’s bottom line. Paying your settlement will take money out of the company’s pocket. It is very possible your claim will be denied, or at the very least, that your settlement will be lowballed. Just because the claim is against your own insurance provider does not mean the process will be any easier. That is why you need an accomplished attorney working on your behalf.

What does uninsured and underinsured motorist coverage pay in Colorado?

Your own bodily injury damages, on top of whatever the at-fault driver’s insurer pays and without any reduction for it, up to your UM/UIM limit. You have it unless you rejected it in writing. It does not pay punitive damages or, unless you bought the separate coverage, damage to your car.

Colorado uninsured and underinsured motorist coverage. Source: C.R.S. 10-4-609, 10-4-610 (Colorado Revised Statutes, 2024 official publication). Your policy may add conditions such as prompt notice.
Question	Colorado rule	C.R.S.
What UM pays for	Bodily injury, sickness, disease or death you are legally entitled to recover from an uninsured driver; it includes underinsured drivers	10-4-609(1)(a)(I), (4)
Do I have it?	Yes, unless the named insured rejected it in writing	10-4-609(1)(a)(II)
How much can I buy?	The insurer must offer limits equal to your bodily injury liability limits	10-4-609(2)
Does it shrink by what the other driver’s insurer pays?	No. It is added on top and covers the difference up to your limit, with no setoff for liability, medical payments, health or other UM/UIM coverage	10-4-609(1)(c)
Several vehicles on one policy	A single policy covering several vehicles for a single premium may be limited to applying once per accident	10-4-609(1)(c)
Punitive (exemplary) damages	Not covered	10-4-609(1)(c)
Damage to your car	A separate uninsured motorist property damage coverage, available on request when the policy has no collision coverage; it requires actual contact with the other vehicle	10-4-610(1)
The other driver cannot be served	Treated as uninsured after a reasonable attempt at service when the police report does not show the driver’s insurer and it is not otherwise known	10-4-609(6)

You Can't Count on Your Insurance Company to Protect You

Insurance companies are among the richest, most powerful corporations in America. They are constantly looking for ways to maximize their profits, and this includes minimizing the amount of money they pay out to their clients after a crash. More often than not, they will look to shortchange you even when it's money you are entitled to.

If you've been injured in accident caused by an uninsured or underinsured motorist in Colorado Springs, you need to consult with a knowledgeable attorney as soon as possible. At The Bussey Law Firm, P.C., our Colorado Springs personal injury lawyers dedicate their time to protecting accident victims. We work on a contingency fee basis on your behalf, meaning we only get paid after you do. Call us today at (719) 475-2555 to schedule a free consultation.

How long do I have to bring a UM/UIM claim, and when is it bad faith?

A UM or UIM claim has its own deadline: three years after the claim accrues, or later in some cases, under C.R.S. 13-80-107.5. If your insurer delays or denies a covered benefit without a reasonable basis, you can recover two times the covered benefit plus attorney fees.

Colorado deadlines and bad-faith remedies for UM/UIM claims. Source: C.R.S. 13-80-101, 13-80-107.5, C.R.S. 10-3-1115, 10-3-1116 (Colorado Revised Statutes, 2024 official publication).
Question	Colorado rule	C.R.S.
Uninsured motorist claim	Lawsuit or written arbitration demand within 3 years after the claim accrues; if the claim against the driver was preserved in time, within 2 years after you learn the driver had no insurance, if that is later	13-80-107.5(1)(a)
Underinsured motorist claim	Within 3 years after the claim accrues; if the claim against the driver was preserved in time, within 2 years after you receive the driver’s settlement or judgment, if that is later	13-80-107.5(1)(b)
When the claim accrues	When the injury and its cause are known, or should have been known with reasonable diligence	13-80-107.5(3)
Suing the at-fault driver	3 years for injury from the use of a motor vehicle	13-80-101(1)(n)
When a delay or denial is unreasonable	When your insurer delayed or denied paying a covered benefit without a reasonable basis	10-3-1115(1)(a), (2)
Who can use that rule	A first-party claimant, such as a policyholder claiming UM/UIM benefits from their own insurer; not someone claiming against another person’s liability policy	10-3-1115(1)(b)
What you can recover	Reasonable attorney fees, court costs and two times the covered benefit, in addition to other claims available by statute or common law	10-3-1116(1), (4)
A frivolous claim	The court awards the insurer its costs and attorney fees	10-3-1116(5)

Our bad faith insurance page explains that claim in more detail.

Uninsured motorist video from The Bussey Law Firm

Hit by an Uninsured Driver in Colorado? Here's How UM and UIM Coverage Works

Uninsured motorist (UM) and underinsured motorist (UIM) coverage protect Colorado drivers when the at-fault driver has no insurance or not enough insurance to fully cover the cost of injuries from a crash.

Published May 11, 2026 · 5:42 · Watch on YouTube

Frequently Asked Questions (FAQs) About Uninsured Motorist Accidents in Colorado Springs, CO

If you have more questions or need assistance with your uninsured motorist accident case in Colorado Springs, don’t hesitate to reach out to The Bussey Law Firm, P.C. Our dedicated team of Colorado Springs Uninsured Motorist Accident Lawyers is here to provide the guidance and support you need. We’re ready to stand by your side and help you secure the compensation you deserve.

What should I do immediately after an uninsured motorist accident in Colorado Springs?

After an uninsured motorist accident, your first priority should be your safety and well-being. Seek medical attention for any injuries, even if they seem minor. Then, contact law enforcement to report the accident. If it’s safe to do so, gather evidence such as photographs of the scene and exchange contact information with the other driver and any witnesses.

Do I need an attorney for an uninsured motorist accident in Colorado Springs?

While it’s not mandatory to have an attorney, it’s highly recommended. Dealing with insurance companies and navigating the legal complexities of personal injury cases can be challenging. An experienced attorney can help you secure the compensation you deserve and protect your rights throughout the process.

What if the at-fault driver in the uninsured motorist accident is underinsured?

In cases where the at-fault driver is underinsured, you may still be able to pursue a claim. Your own uninsured/underinsured motorist coverage can help cover the difference. An attorney can help you explore your options and maximize your compensation.

How long do I have to file a personal injury claim in Colorado Springs?

Colorado has specific deadlines for filing personal injury claims. Generally, you have up to three years from the date of the accident to file your claim. However, it’s essential to consult an attorney promptly to ensure all deadlines are met and your rights are protected.

What types of compensation can I receive in an uninsured motorist accident claim?

In an uninsured motorist accident claim, you may be eligible for various types of compensation, including medical expenses, lost wages, property damage, pain and suffering, and more. The specific compensation will depend on the details of your case and the extent of your injuries.

How do I choose the right attorney for my uninsured motorist accident case in Colorado Springs?

When selecting an attorney, it’s important to consider their experience, track record, and commitment to your case. Look for an attorney who focuses on personal injury and uninsured motorist accidents and offers a free consultation to discuss your situation. The Bussey Law Firm, P.C., is a trusted choice for those in Colorado Springs seeking legal assistance in uninsured motorist accident cases.

What if I can't afford legal representation?

The Bussey Law Firm, P.C., understands the financial strain that can come with an uninsured motorist accident. That’s why we offer free consultations to assess your case and discuss your options. Additionally, we work on a contingency fee basis, meaning we only get paid if we secure compensation for you, so there are no upfront fees to worry about.

Can I still pursue a claim if I was partially at fault for the accident?

Colorado follows a modified comparative fault rule, meaning you can still pursue a claim even if you were partially at fault. However, your compensation may be reduced in proportion to your degree of fault. An experienced attorney can help you navigate this aspect of your case.

Does uninsured motorist coverage pay for a hit and run?

It can — but it is your policy's definition of an uninsured motor vehicle that decides whether a driver who is never identified counts, because C.R.S. 10-4-609 does not define a hit-and-run vehicle. The statute does treat a known driver as uninsured when they cannot be served after a reasonable attempt and their insurer is unknown (C.R.S. 10-4-609(6)). The practical risk is the policy terms: UM claims carry their own notice and cooperation requirements, often measured in days, and a late report is the most common reason one is refused.

How does an uninsured motorist claim work if my own insurer pays?

It becomes an adversarial claim against your own insurer, which surprises people. Once UM is triggered, your insurer stands in the shoes of the at-fault driver and has a financial interest in valuing your injuries low — the same recorded statement, the same independent medical examination, the same early offer. Colorado backs that with C.R.S. 10-3-1116(1), which lets a policyholder whose benefit was unreasonably delayed or denied recover two times the covered benefit plus reasonable attorney fees.

How long do I have to file this claim in Colorado?

An uninsured or underinsured motorist claim has its own statute, C.R.S. 13-80-107.5: suit or an arbitration demand within three years after the claim accrues. If the claim against the at-fault driver was preserved in time, the deadline can instead run two years after you learn the driver had no insurance (uninsured) or two years after you are paid the driver's settlement or judgment (underinsured) — never less than three years. The claim against the driver personally has three years under C.R.S. 13-80-101(1)(n).

What does an uninsured motorist claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. An uninsured motorist review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

Who do I claim against — and does it raise my premium?

Your own insurer, which is why people hesitate. You paid for this coverage and using it for a crash you did not cause is what it is for.

Where is an uninsured motorist claim resolved?

Often in arbitration under the policy rather than in court. Where it does go to court in Colorado Springs, that is the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Why do these claims become bad faith claims?

Because your insurer is now the opposing party. If it unreasonably delays or denies, C.R.S. 10-3-1116(1) allows recovery of “reasonable attorney fees and court costs and two times the covered benefit.”

What if I was partly at fault?

You can still recover if you were less than 50% at fault. Colorado applies modified comparative fault (C.R.S. 13-21-111): your damages are reduced by your share and barred entirely at 50%.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.