The driver who hit me doesn’t have insurance. Can I still file a claim?

Colorado law requires all drivers to carry a certain level of insurance. However, if you are hit by a driver without insurance, you may still be able to pursue compensation. If you have uninsured or underinsured motorist (UM or UIM) coverage, you may be able to turn to your own insurance company for compensation.

If an at-fault driver lacks insurance in Colorado, there are a few potential avenues you could pursue compensation for your injuries and related losses through:

• Medical payments (MedPay) claims – Colorado requires auto insurers to offer drivers at least $5,000 in MedPay coverage for all policies sold within the state. Unless you explicitly opt-out, this coverage is added to your policy automatically. MedPay provides immediate compensation for your medical expenses following an accident, regardless of fault.
• Uninsured (UM) or underinsured motorist (UIM) claims – This type of insurance is also optional in Colorado. But, as with MedPay coverage, all providers must offer it. UM and UIM coverage have the same minimums as your bodily injury liability coverage unless you explicitly reject these policies in writing. These types of coverage protect you if the at-fault driver has no insurance or their insurance coverage isn’t enough to cover your losses.
• Personal injury lawsuits – In some scenarios, you might be able to sue the uninsured driver directly. If the driver has enough personal assets, the court could order them to pay for your losses out of their own pocket.