Uninsured and Underinsured Motorist Accident Lawyer in Denver, CO

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is a type of auto insurance that can provide compensation after a crash caused by a driver who does not carry valid liability insurance. It may apply in the following scenarios:

Crashes Involving Uninsured Drivers

If the driver responsible for a collision does not carry valid auto insurance, injured individuals may be able to pursue compensation through their own uninsured motorist coverage rather than through the at-fault driver’s insurer.

Crashes Involving Underinsured Drivers

Some insurance policies also include underinsured motorist coverage, which may apply when the at-fault driver carries insurance but the available policy limits are not sufficient to cover the full extent of the damages caused by the crash.

Hit-and-Run Incidents

Uninsured/underinsured motorist coverage may also apply in certain hit-and-run incidents, where the driver responsible for the crash leaves the scene and cannot be identified. When the circumstances of the accident can be properly documented, injured individuals may still be able to pursue compensation through their uninsured motorist coverage.

If you have been involved in one of these incidents, the underinsured motorist attorneys at Ogborn Mihm can help you understand your legal options and the potential avenues available for pursuing financial compensation.

Drivers Who May Lack Valid Insurance Coverage

The following types of drivers are commonly associated with uninsured motorist accidents in Denver:

Drivers With Lapsed Insurance Policies

Some motorists allow their insurance policies to lapse after missing payments or failing to renew coverage. Although these drivers may previously have carried valid insurance, operating a vehicle after a policy expires leaves them uninsured under Colorado law.

Suspended or Unlicensed Drivers

Drivers whose licences have been suspended or revoked for prior violations sometimes continue to operate vehicles despite losing the legal authority to do so. In these circumstances, the driver usually lacks valid insurance coverage.

Impaired or Reckless Drivers

Drivers involved in incidents of drunk driving or drug-impaired driving may also lack valid insurance coverage. Individuals with a history of serious driving violations sometimes struggle to obtain or maintain insurance policies.

Unauthorized Drivers

In some situations, a vehicle may be operated by a person who does not have the owner’s permission or is not listed on the relevant insurance policy. These unauthorized drivers may not be covered under the vehicle’s insurance policy at the time of the collision.

Commercial Drivers Without Proper Coverage

Drivers involved in delivery services, rideshare transportation, or other commercial activities may sometimes lack the appropriate insurance required for those activities. When a crash occurs in these circumstances, determining which insurance policies apply can become more complex.

What to Do After an Accident With an Uninsured or Underinsured Driver

Taking the following steps after a collision with an underinsured or uninsured motorist in Denver may help protect both your health and your legal rights:

• Seek Medical Attention: Some injuries may not appear immediately after a crash. Conditions such as traumatic brain injuries or internal injuries can develop hours or even days later. Prompt medical evaluation helps ensure injuries are properly diagnosed and creates medical records that may be important when pursuing an injury claim.
• Report the Accident to Law Enforcement: A police report can document how the collision occurred, identify the drivers involved, and record whether insurance information was available at the scene.
• Document the Accident Scene: If it is safe to do so, photographs of vehicle damage, road conditions, and the surrounding area may help preserve important evidence. Obtaining contact information from witnesses may also help establish how the accident occurred.
• Notify Your Own Insurance Company: When a crash involves an uninsured or underinsured driver, you may need to pursue compensation through your own UIM Coverage, making it important to notify your insurer promptly. When discussing the accident, it is usually best to provide the facts and avoid statements that could be interpreted as an admission of fault.

Once these steps have been taken, it is advisable to contact an uninsured motorist lawyer. The attorneys at Ogborn Mihm can review the circumstances of your accident and assist in addressing disputes regarding liability and damages.

How Ogborn Mihm Assists With Uninsured and Underinsured Motorist Claims in Denver

Uninsured and underinsured motor vehicle collisions can present complex legal issues that require analysis and work with multiple insurance policies and companies. However, injured individuals may still have legal options for pursuing financial compensation, and the attorneys at Ogborn Mihm have extensive experience handling these claims.

Our attorneys can help address these issues by:

Investigating How the Collision Occurred

Establishing liability is a central issue in uninsured motorist claims. Even when the other driver lacks insurance, insurers may still examine how the collision occurred before evaluating a claim. Our uninsured motorist attorneys can review police reports, witness statements, accident scene evidence, and other available documentation to clarify how the collision happened and address disputes regarding fault.

Reviewing Your Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist claims are typically pursued through the injured person’s own auto insurance policy. These policies may contain specific coverage limits, exclusions, and procedural requirements that affect how a claim is evaluated. We can review the relevant policy language to determine what uninsured or underinsured motorist coverage may apply to your accident. Even if you don’t think you have UIM Coverage, our attorneys can help determine if you do have the coverage or if your insurance company failed to properly offer it to you.

Evaluating the Full Extent of Damages

Insurance companies frequently examine the nature and extent of injuries before agreeing to compensation. Medical records, treatment history, and evidence of lost income may all play a role in evaluating damages. Our legal team can ensure that the financial and personal consequences of the collision are properly documented when presenting a claim.

Addressing Complex Insurance Coverage Issues

In some cases, more than one insurance policy might apply. Coverage may exist under the injured person’s policy, a household policy, or another applicable insurance policy. Determining how these policies interact and whether additional coverage is available requires careful legal analysis.

Types of Compensation Available to You

Even when the driver responsible for a collision does not carry valid liability insurance, you may still have options for pursuing financial compensation through your own uninsured motorist policy.

Compensation can include:

Medical Expenses

The cost of emergency care, hospital treatment, diagnostic testing, rehabilitation, and other medical services required during your recovery.

Lost Income and Reduced Earning Capacity

Serious injuries can prevent you from working during recovery. Compensation can include lost wages and reduced earning capacity if the injuries affect your ability to return to your previous occupation.

Property Damage

Motor vehicle accidents frequently result in significant vehicle damage. Compensation can address the cost of repairing or replacing a damaged vehicle and other personal property affected by the crash.

Pain and Suffering

Beyond financial losses, injuries can also affect your daily life. Compensation may reflect the physical pain, emotional distress, and disruption caused by the accident.

Long-Term Medical Needs

Some injuries lead to lasting complications that require ongoing care. In these situations, compensation may take into account the cost of future medical treatment, rehabilitation, and other long-term healthcare needs.

While many uninsured motorist claims resolve through settlement, the attorneys at Ogborn Mihm prepare each case with trial in mind. This approach ensures liability, damages, and insurance coverage issues are thoroughly evaluated.

Key Laws Affecting Claims Involving Uninsured and Underinsured Drivers

Claims involving uninsured and underinsured drivers in Denver are governed by several Colorado laws that affect coverage and filing deadlines.

Some of the key legal provisions include:

• Mandatory Insurance Laws: Colorado requires motorists to carry minimum liability insurance coverage when operating a vehicle. Despite this requirement, some drivers still operate vehicles without valid insurance.
• Uninsured/Underinsured Motorist Coverage Requirements: Colorado law requires insurance companies to offer uninsured and underinsured motorist coverage as part of an auto insurance policy. This coverage is intended to provide financial protection when an at-fault driver does not carry sufficient insurance to cover the damages caused by a crash. This coverage cannot be waived or rejected without a signature and form clearly identifying the coverage and confirming your rejection of the coverage. If your insurance company cannot prove you rejected UIM Coverage, they have to retroactively give you the coverage.
• Statute of Limitations for Motor Vehicle Accidents: Generally, you have three years from the date of a motor vehicle accident to file a lawsuit for injuries. Failing to take legal action within this period may prevent an injured individual from pursuing compensation through the courts.
• Comparative Negligence Laws: Colorado follows a modified comparative negligence rule. This means that compensation may be reduced if an injured person is found partially responsible for the accident, and recovery may be barred if their share of fault reaches 50% or more. 

Our attorneys can help ensure these laws are properly applied to your circumstances and that all applicable deadlines are met.

Frequently Asked Questions (FAQ) About Uninsured and Underinsured Motorist Accidents

People injured by uninsured and underinsured drivers often have questions about their legal rights and the process for pursuing compensation. Below are some common questions our Denver clients ask.

Is it worth suing an uninsured motorist?

In many cases, uninsured drivers lack sufficient financial resources to satisfy a judgment. As a result, it is often better to pursue compensation through uninsured motorist coverage rather than directly from the driver.

Can you sue your uninsured motorist coverage?

Uninsured motorist claims are typically made through your own auto insurance policy rather than by suing the uninsured driver. However, disputes can arise if the insurance company challenges liability, coverage, or the value of the damages. In those situations, legal action may be required to enforce the policy.

How do insurance companies go after uninsured drivers?

After paying benefits under an uninsured motorist policy, an insurer may attempt to recover those funds from the at-fault driver. This process is known as subrogation.

Do I have to pay my deductible if an uninsured driver hits me?

Whether a deductible applies depends on the terms of your insurance policy and the type of coverage involved. Some uninsured motorist claims do not require a deductible, but policies can vary.

How long does it take to settle an uninsured motorist claim?

The timeline can vary depending on the severity of the injuries and whether disputes arise regarding liability or damages. Some claims resolve through negotiations within a few months, while others may take longer if the issues are contested.

Why Choose Ogborn Mihm for Your Uninsured and Underinsured Motorist Claim

These cases require experienced legal representation and a careful approach to both investigation and insurance disputes. Clients in Denver choose Ogborn Mihm because we offer:

Trial Readiness

Liability, the extent of injuries, and the value of damages are often disputed in cases involving uninsured drivers. Ogborn Mihm prepares each claim with trial in mind from the outset, developing a strong evidentiary foundation capable of withstanding scrutiny if litigation becomes necessary. 

Resources for Complex Cases

Claims involving uninsured drivers often require a detailed investigation of both the collision and the applicable insurance coverage. Our firm works with trusted investigators, medical professionals, accident reconstruction specialists, and other experts who can evaluate how the accident occurred and the full impact of the injuries involved.

Commitment to the Denver Community

Although Ogborn Mihm represents clients in complex litigation across the country, our uninsured motorist attorneys practice out of our Denver office. We are familiar with the roadways, traffic patterns, and accident risks present throughout the city and surrounding area, and we remain committed to promoting safer roads by holding negligent drivers accountable.

Contact Our Denver Uninsured and Underinsured Motorist Attorneys

If you were injured in a collision involving an uninsured driver in the Denver Metro area, the attorneys at Ogborn Mihm can help you understand your options for pursuing compensation. Our firm has extensive experience investigating serious motor vehicle accidents and handling uninsured motorist claims throughout Colorado.

To discuss your situation with our legal team, please contact our Lincoln Street office to schedule a free initial consultation.