Colorado is a fault-based state for car accident claims. This means that if you are involved in a traffic collision another driver caused, you have the right to file a claim against their insurance to recover compensation. This money may cover losses such as hospital expenses and lost income, as well as less tangible losses like pain and suffering.
To make this system work, Colorado requires all vehicle owners to carry liability insurance in case they cause an accident leading to injury, death, or property damage. But what if you are involved in a collision with someone who does not carry the legally mandated car insurance coverage?
The experienced attorneys at The Wilhite Law Firm understand how stressful and anxiety-inducing uninsured/underinsured car accidents in Fort Collins can be. Our skilled lawyers are equipped to help you pursue compensation even if the at-fault driver is uninsured or underinsured. Contact us today for a free consultation with a car crash lawyer.
What Happens If I Am in a Car Accident and the Other Driver Does Not Have Insurance?
If you are involved in a car accident in Fort Collins and the at-fault driver doesn’t have insurance, you may feel overwhelmed and unsure about how to proceed. In this situation, you have several options for seeking compensation for your injuries and losses, including:
Filing a claim with your own insurance company if you have uninsured motorist coverage
Suing the at-fault driver directly in civil court
Exploring alternative sources of compensation, such as your health insurance or medical payments (MedPay) coverage
An experienced attorney can help you understand your options and choose the most effective path forward for your unique circumstances.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is an optional type of car insurance that protects you from financial losses if you are involved in an accident with a driver who doesn’t have the required liability insurance. This coverage also applies if you are the victim of a hit-and-run crash where the at-fault driver cannot be identified.
If you have this coverage and are involved in a collision with an uninsured driver in Fort Collins, you may file a claim with your own insurance company to seek compensation for your injury-related losses. Your insurance company essentially provides the coverage the at-fault driver should have had.
Uninsured/underinsured motorist (UM/UIM) coverage also provides compensation if you are injured by an underinsured driver. If they don’t have enough insurance to cover the full extent of your losses, your UM/UIM policy can make up the difference.
Is Uninsured Motorist Coverage Required?
Colorado law does not require uninsured motorist coverage. The only auto insurance vehicle owners are legally obligated to carry is liability insurance with the following minimum coverage amounts:
$25,000 for bodily injury or death per person
$50,000 for bodily injury or death per accident
$15,000 for property damage
However, all Colorado car insurance companies are required to offer UM/UIM coverage for the same amount as your bodily injury liability coverage. Unless you declined it in writing, you likely have uninsured motorist coverage on your car insurance policy. An attorney can review your policy and help determine the specific coverages you carry.
What Steps Should I Take If I Am Hit by an Uninsured Motorist?
After an accident with an uninsured or underinsured driver in Fort Collins, take these steps to safeguard your health and your legal rights:
Call 911 and report the crash to the police.
Seek attention from a medical professional for your injuries, even if they seem minor.
Gather evidence at the scene, including photos of vehicle damage and contact information for any witnesses.
Report the accident to your insurance company.
Contact an experienced uninsured motorist accident attorney to discuss your options for seeking compensation.
Remember, even if the at-fault driver does not have insurance, you may still have options for recovering the money you need to pay for your losses.
What Compensation Could I Receive from an Uninsured Motorist Claim?
Filing an uninsured motorist claim is one way to pursue compensation after a car accident in Fort Collins. However, you may have to use other options to cover the full extent of your losses. These options may include comprehensive/collision coverage, MedPay coverage, your own health insurance policy, or even a personal injury lawsuit against the at-fault driver.
Depending on the avenues for financial recovery available to you, you may be able to pursue compensation for:
Medical expenses, including ambulance rides, hospital stays, specialist appointments, surgeries, medication, and physical therapy
Lost income from time missed at work due to your injuries
Reduced earning potential, if your injuries require you to take on a lower-paying job than you previously held
Pain and suffering, including physical discomfort and emotional distress
Property damage to your vehicle
The specific compensation available in your case will vary based on different factors, including the type and severity of your injuries, the amount of coverage available, and whether you bear any share of fault for the accident. An experienced Fort Collins uninsured motorist accident attorney can evaluate your case and help you pursue the maximum compensation possible.
How Long Do I Have to File an Uninsured Motorist Claim?
Colorado’s personal injury statute of limitations requires car crash victims to file a lawsuit against any at-fault parties within three years of an accident. However, if you are seeking compensation via your uninsured motorist insurance coverage, you should thoroughly review your policy to determine your insurer’s applicable deadlines. A knowledgeable uninsured motorist accident attorney in Fort Collins can help you understand your timeframe, assist with your claim, and represent you in court if necessary.
Contact a Fort Collins Uninsured Motorist Accident Attorney
Suffering injuries in an accident with a driver who lacks the necessary insurance coverage can provoke emotions such as anger, anxiety, and fear. However, the experienced attorneys at The Wilhite Law Firm are here to remind you that you have options for seeking the compensation you need and holding the at-fault driver accountable for their negligence.
Since 1977, our law firm has helped injured individuals across Colorado secure compensation after uninsured/underinsured car accidents in Fort Collins. With The Wilhite Law Firm on your side, you can work towards a path for a brighter future. Call our offices today or fill out our online form for a free consultation. We look forward to learning about your situation and helping you seek the justice you deserve.
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5 star service. They explained the process in detail and got great results. Thanks again!
Merari Hernandez
I’m so glad I reached out to Wilhite Law Firm after I was injured in a car accident. They made the process super easy. Thank you!
Carolay Rodriguez Torres
I had a great experience with Marianella. They got me the maximum out of my case! I would recommend them to anyone!
Beltrán Rodriguez
Great staff! They are always available to answer questions and concerns and care about their clients!
Edna Morán
I was extremely happy with the results that was achieved by my attorney at Wilhite Law Firm. Thanks Marianella!
Cristina Jiménez Durán
Excellent service, very grateful for the professionalism, attention throughout my process and the human quality of Mateo López.
Sebastian Tovar
I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
Marianella helped me get the compensation I deserved for my injuries and also made sure that I received the proper medical care I needed. Thank you!
Jorge Lopez
I had the pleasure of working with Vanessa and Marianella, who handled my case. They were very professional and great at communication.
A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.