Colorado Springs Uninsured Motorist Accident Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- 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
In the most recent year that statistics are available, an estimated 13% of drivers were uninsured, according to the Insurance Research Council (IRC), and that number has been rising for the past several years. Colorado, while close to the average, was slightly worse at 13.3%. This means that over a tenth of Coloradan drivers do not have auto insurance. At this rate, your chances of being involved in an accident with an uninsured driver are incredibly high.
Even something as simple as a fender bender can be an expensive nightmare for victims when they have no one to file a claim against. The average cost of damages arising from a motor vehicle accident was $3,231 in 2013. When injuries were involved, the average claim for bodily injury was $15,443. This is the reason Colorado has insurance requirements. Sadly, in a serious injury crash, these minimums are rarely enough.
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 policy should be 25/50/15. 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.
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.
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.
| 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
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
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.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
Rated 5.0 from 203 Google reviews — see the firm on Google Business Profile.