After you’ve been hit in a car accident, the most important thing to do is to make sure you and any other passengers are safe. Discovering that no one has been seriously injured is a huge relief, and you may feel comforted to know the accident wasn’t your fault. You might 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 in an accident with an uninsured driver in Colorado Springs, keep reading to find out what steps you should take.
Uninsured and Underinsured Driver Coverage
After an accident 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 insurance 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.
If the driver who hit you is deemed to be at fault and either has no coverage or insufficient coverage, you may make a claim against your own company for an amount up to your uninsured or underinsured motorist coverage limit.
Either way, to get the process started, 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 against the uninsured or underinsured driver. 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 they will let you know if it’s something worth pursuing.
You might be wondering, why wouldn’t I file a lawsuit against the driver at fault? There are certain circumstances where it just doesn’t make sense for the time and effort it will take. 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 still may not guarantee that you can collect any payment.
Call Heuser & Heuser, LLP — We’re on Top of It!
Car accidents are difficult to deal with no matter what, but when the at-fault party is uninsured, things get even more complicated. You may have excessive damage to your vehicle, suffer physical injury and lose wages for time off work as a result. Even if the driver who hit you is uninsured, you still have 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 detailed record of the incident, including your expenses, so we can help you take the best course of action and obtain fair compensation that you deserve. To get started, give us a call or fill out our online form for a free case review today.