When you’ve been hit in a car accident, the most important first step is to make sure you and any other passengers are safe. Discovering that no one has been seriously injured is a huge relief, and at least the accident wasn’t your fault. You might start to assume that the other driver’s insurance will cover any damage to you and your vehicle.
But what if the person who hit you doesn’t have car insurance? In the state of Colorado, liability insurance is required by law. If you’ve been hit by an uninsured driver, call a car accident lawyer so you can learn about your rights.
Uninsured and Underinsured Driver Coverage
In incidents where the driver who hit you is uninsured, you’ll need to contact your insurance company. If you have uninsured or underinsured motorist coverage, your company can help cover your damages. While it’s not legally required to purchase uninsured motorist coverage in Colorado, insurers must at least offer it. This coverage may be the same amount as your selected bodily injury liability limits.
If the driver who hit you is deemed to be at fault and has no coverage or insufficient coverage, you may make a claim against your own company up to your uninsured or underinsured motorist coverage limit. Either way, you should notify your insurer as soon as possible if you suspect that the at-fault driver is uninsured. Let them know you plan on filing a claim should the situation call for it.
Filing a Lawsuit
If you do not have uninsured or underinsured motorist coverage, you have the option to file a lawsuit. Colorado is a traditional negligence state, which makes it easier to file a lawsuit than in a no-fault state. A car accident lawyer can help you with this step and will let you know if it’s an action worth taking.
For example, if a driver doesn’t have car insurance, it’s likely they won’t have the assets or money necessary to pay for the damages or costs of a court trial. So proving that the other party was at fault for the collision and obtaining judgment against them might not guarantee that you can collect anything.
Hire a Car Accident Lawyer
Car accidents are already difficult to deal with, even when the at-fault driver is adequately insured. You may have excessive damage to your vehicle, suffer physical injury and lose wages for time off work as a result. When the driver who hit you is uninsured, you still obtain the right to be compensated for these damages.
A qualified attorney will be able to advise you on filing a lawsuit. Or if your insurance company is being difficult or trying to reduce your compensation, they will assist you in getting what you rightly deserve.
If you or someone you know has been involved in an accident with an uninsured driver, the experienced attorneys at Heuser & Heuser can help. Make sure you keep a meticulous record of the incident, including your expenses, so we can help you take the best course of action and obtain fair compensation. To schedule your free case evaluation, complete our online contact form.