What If the Other Driver Has No Insurance or Too Little in Colorado?

Quick answer: Uninsured and underinsured motorist coverage, called UM/UIM, is optional in Colorado, but the Colorado Division of Insurance says it “will be included in your policy unless you reject it in writing.” It pays for your own bodily injury losses caused by a hit-and-run driver, a driver with no auto insurance or a driver of an underinsured vehicle. Colorado’s minimum liability limits are $25,000 per person, $50,000 per accident and $15,000 for property damage. So if the other driver can’t pay, the next place to look is your own policy.

What does UM/UIM coverage do?

The Division of Insurance says this coverage “pays for the insured’s bodily injury losses caused by a hit-and-run driver, a driver with no automobile insurance, or a driver of an underinsured vehicle.” It splits the two like this:

• Uninsured motorist coverage pays for your bodily injury damages from a not at fault accident with an uninsured or hit and run driver.
• Underinsured motorist coverage pays for your bodily injury damages from a not at fault accident with an underinsured driver.

Both descriptions say “not at fault,” which is different from medical payments coverage, which pays regardless of fault.

How common are uninsured drivers?

The Division of Insurance’s estimate is that 15-20% of drivers are uninsured. So this isn’t a rare situation, and it’s worth knowing what your own policy says before you need it.

When is a driver “underinsured”?

The Division of Insurance says a motorist is considered underinsured “if his or her liability coverage is not enough to pay the full amount you are legally allowed to recover as damages.”

In plain terms, the other driver has insurance, but not enough of it for your injury. Colorado’s required minimums show why that can happen. Colorado law requires liability coverage, and the Division of Insurance lists these minimum limits:

Colorado minimum liability limit	Amount
Bodily injury, per person	$25,000
Bodily injury, per accident	$50,000
Property damage to another	$15,000

Those are the floor. A driver may carry more, or may carry the minimum. How much you may recover from a crash is a legal question that depends on your case. An attorney or your insurer can speak to that. We can’t.

Could I have rejected this coverage without remembering?

You may have. The coverage is included unless you reject it in writing, so a rejection is something you signed or agreed to when you bought the policy. Many people don’t remember what they chose. That’s normal, and it’s easy to check.

Ask your agent or insurer:

1. Do I have uninsured and underinsured motorist coverage?
2. What are the limits?
3. Is there a written rejection on file?
4. What do you need from me to open a claim?
5. Is there any deadline I should know about?

Write down the answers, the date and who you spoke to. If an attorney is helping you, pass it along.

What about my medical bills while this gets sorted out?

UM/UIM claims and medical care run on different clocks. Don’t wait on an insurance answer before you deal with an injury that needs care.

Your own medical payments coverage may apply, because it pays regardless of fault unless you rejected it. Your health insurance may apply as well. The Division of Insurance says medical payments coverage pays before your health insurance, and applies toward coinsurance or deductible amounts. Call the office before your first appointment and ask how your visit would be billed.

What should I do first after a hit-and-run or an uninsured driver?

Get care first if you need it. MedlinePlus says to call 911 for a head injury with passing out, fainting or confusion, or an injury to the neck or spine, particularly if there is loss of feeling or inability to move. It also says to go to an emergency department or call 911 for an unusual or bad headache, dizziness or weakness that does not go away, or severe pain anywhere on the body.

After that, a short note made soon after the crash can save trouble later:

• the date, time and place of the crash
• what you remember about the other vehicle and driver
• who you reported it to, and any report number you were given
• where you hurt and when it started
• anything that gets worse in the days that follow

That last item matters. MedlinePlus says concussion symptoms may start days or weeks after an injury. Neck pain and back pain are worth getting looked at as well.

How can our Littleton clinic help?

We can’t tell you what your policy pays, and we don’t give legal advice. We can assess your injuries, go over your options and keep proper documentation of your injuries, which your insurer or attorney may ask to see.

Our patients have been where you are. “I first started seeing you after I was in a car accident that caused many neck issues,” wrote Frances in a Google review. One patient’s experience isn’t a promise of any result, but it’s a fair picture of who comes to us.

See how car accident and whiplash care works at our clinic, then call (303) 980-5699 or contact the office. We’re at 10268 Centennial Rd #201 in Littleton.

This is general information and not legal or insurance advice. Your own policy, your insurer and your attorney are the authority on your coverage.