What to do if You’re in a Car Accident with an Uninsured Motorist

Drivers who find themselves in a car accident with an uninsured driver may worry about their options for recovering compensation for damages. An uninsured driver who causes an accident still holds liability, but damages recovery may be more difficult due to the lack of insurance coverage. Drivers who are in a car accident with these drivers in Colorado can consult a car accident attorney in Aurora and consider some alternative means of recovery.

Look to Insurance First if an Uninsured Driver Causes an Accident

In Colorado, insurance carriers are required to offer uninsured and underinsured motorist coverage to all policyholders. This coverage protects drivers in the event they are in a collision with an uninsured driver or a driver who does not have enough insurance coverage to pay for all the damage from the accident.

Under Colorado law, UM/UIM coverage should equal the amount of bodily injury liability insurance the individual elects (the minimum is at least $25,000 per person and $50,000 per occurrence). The only way a policyholder can waive this coverage is in writing. If the driver does not waive the coverage in writing, it is automatically included in the policy.

Drivers who are hit by an uninsured or underinsured driver should handle the incident like any other accident, taking photographs at the scene, talking to witnesses, obtaining a copy of the policy report, seeking medical care, organizing all evidence and documentation from the accident, and more. They should also check their policy immediately.

If they have UM or UIM coverage, drivers can file claims through their own insurance carriers and seek compensation for their injuries, car repairs and other damages suffered in the accident. If they have waived their UM or UIM coverage, insurance still may pay for damages through other portions of the policy, such as medical payments coverage or collision. If this is not possible, accident victims will need to move on to the next option: filing a lawsuit in Colorado, which usually requires assistance from a car accident attorney in Aurora.

Seek Other Legal Action if in a Car Accident

Just because a driver doesn’t have uninsured motorist coverage doesn’t mean he or she should have to pay for an accident he or she didn’t cause. Anyone hit by an uninsured driver should contact an attorney as soon as possible after the accident. An attorney can help victims seek compensation from the at-fault driver through a lawsuit.

Though an uninsured driver may have limited assets preventing him/her from purchasing auto insurance, this is an option drivers should discuss with their Colorado car accident attorney in Colorado if they are in a car accident with an uninsured driver.

Get Legal Help in Colorado from a Car Accident Attrney in Aurora

An attorney can help claimants with any problems recovering from their own UM/UIM insurance coverage or other aspects of their policy. Anyone who has been in an accident with an uninsured driver should contact an attorney as soon as possible to discuss legal options.

Call 303-300-5060 to speak to Colorado car accident attorney D.J. Banovitz, who can help Aurora accident victims pursue a legal claim or lawsuit to recover compensation for damages they suffered in a car accident.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.