What if the Other Driver Doesn’t Have Insurance?
Car accidents are difficult enough without learning that the at-fault driver has no insurance. Unfortunately, this happens more often than you might expect. In Colorado, roughly 1 in 6 drivers are uninsured. That means even if you do everything right, you could be left with medical bills, car repairs, and lost income caused by someone who doesn’t have the coverage to pay for your losses.
Thankfully, you may still have options for recovery, especially if you carry uninsured motorist coverage or can pursue a civil lawsuit. Acting quickly is key.
Colorado’s Car Insurance Requirements
Under Colorado law, drivers must carry minimum levels of liability insurance to cover the harm they cause in a car accident:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
While these amounts are mandatory, many drivers operate vehicles without any coverage at all. That’s where uninsured motorist (UM) and underinsured motorist (UIM) coverage can step in.
These are optional coverages, but insurance companies are required to offer them. If you didn’t decline them in writing, they may be part of your current policy.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage protects you if you’re hurt by a driver who doesn’t have liability insurance or in a hit-and-run accident.
It can cover:
- Medical bills
- Lost income
- Pain and suffering
- Future treatment costs
- Other accident-related damages
Importantly, UM coverage is tied to you, not the vehicle. It may also apply if you’re hit as a pedestrian, cyclist, or while riding in another person’s car.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage helps when the at-fault driver has some insurance, but not enough to cover your full losses.
For example:
- The at-fault driver’s policy pays $25,000
- Your total damages are $75,000
- Your UIM coverage could help cover the remaining $50,000
In Colorado, UM and UIM are usually bundled together. If you’ve paid for one, you likely have the other.
What if You Don’t Have UM/UIM Insurance?
Without UM or UIM, your options are limited, but not impossible.
You might still be able to:
- Sue the at-fault driver in civil court
- Use your health insurance to cover medical bills
- File a claim under med pay or collision coverage if you have it
- Explore whether another party shares liability (like a vehicle owner or employer)
Keep in mind, suing someone without insurance often results in an uncollectible judgment. There may be no way to enforce a payout if they lack income or assets.
What to Do After a Crash With an Uninsured Driver
To protect your right to seek compensation, take the following steps immediately after a crash:
- Call the police and request an official report
- Get the other driver’s contact information, if possible
- Gather evidence (photos, witness names, location details)
- Seek medical treatment and keep all records
- Notify your insurer promptly and ask about UM/UIM coverage
- Speak with a personal injury lawyer about your options
Even if the other driver is clearly at fault, you’ll need solid evidence to support your claim.
Can I Sue an Uninsured Driver?
Yes, you have the legal right to sue an uninsured driver in Colorado. However, even if you win in court, there’s no guarantee you’ll collect payment. Some defendants may qualify as “judgment-proof,” meaning they have no wages or property that can be seized to satisfy the judgment.
Still, an experienced attorney can help you explore other avenues for compensation, such as:
- Co-liable parties (e.g., vehicle owner, employer, manufacturer)
- Bar or restaurant that overserved the driver (dram shop claim)
- Your own comprehensive or med pay insurance
Speaking to an experienced professional is the best way to discover your options.
Will My Insurance Go Up if I File a UM/UIM Claim?
If you were not at fault, your insurer should not raise your rates simply for using UM or UIM coverage. However, insurers sometimes increase premiums after any claim. It depends on your policy and insurer.
Consult with a lawyer if you’re worried about premium hikes. An experienced attorney can help you navigate the claims process and protect your long-term financial interests.
Statute of Limitations for Uninsured Driver Claims
Colorado gives you three years to file a personal injury claim after a car crash involving an uninsured or underinsured motorist. This deadline also applies to claims made under your own UM/UIM policy.
Failing to file within this window could mean losing your right to compensation, even if you had a valid case.
Contact the Denver Car Accident Lawyers at Zaner Law Personal Injury Lawyers for Help Today
If an uninsured driver caused your crash, don’t assume you’re out of options. Colorado law offers several ways to recover, especially if you have UM or UIM coverage.
An experienced Denver personal injury attorney can help you review your insurance policy, explore all possible claims, and take the next steps toward recovery. Contact Zaner Law Personal Injury Lawyers today for a free consultation at (720) 613 9706.
