Uninsured Motorist Accident: What you Need to Know

Getting into a car accident is stressful enough, but what happens when you're involved in an uninsured motorist accident? This scenario is more common than you might think, especially in Colorado. Let's explore what you need to know if you find yourself in this unfortunate situation.

The Prevalence of Uninsured Drivers in Colorado

While exact figures are hard to come by, Scott Anderson of Anderson Injury Law Firm shares a startling statistic: "The Colorado Department of Revenue was estimating about one in three drivers were driving without insurance." Though this data may be a few years old, it highlights a significant problem on Colorado roads.

In Colorado, driving without insurance is illegal. The state requires all drivers to carry minimum liability coverage. However, despite these laws, many continue to drive uninsured, putting themselves and others at risk.

What to Do After a Car Accident with No Insurance (from the other driver)

If you're involved in an uninsured motorist accident, take these steps:

• Ensure everyone's safety and call 911 if there are injuries

• Document the scene with photos and videos

• Gather information from the uninsured driver (name, contact details, vehicle information)

• Collect witness statements and contact information

• File a police report

• Contact your insurance company immediately

Understanding Uninsured Motorist Coverage

Uninsured motorist coverage is a critical component of your auto insurance policy. As Anderson explains, "That is the coverage that covers you in the event you get hit by someone who doesn't have insurance or if you get hit by someone who hits and runs and doesn't get caught."

This coverage protects you, your family, and passengers in your vehicle for bodily injury claims. It's also beneficial in hit-and-run accidents where the at-fault driver is never identified.

Personal Injury Claims Against Uninsured Drivers

Pursuing compensation from an uninsured driver can be challenging. While the at-fault driver is technically responsible for damages, collecting from an individual often proves difficult.

Anderson notes, "Someone who's poor usually doesn't buy insurance because they're poor. People who are rich tend to buy insurance to protect their assets, protect their wealth." This means that uninsured drivers often lack the financial resources to compensate victims adequately.

In such cases, consulting with a personal injury attorney can help you understand your options and potential avenues for compensation.

Criminal Charges for Driving Without Insurance

Driving without insurance isn't just a civil matter; it's a criminal offense in Colorado. The District Attorney's office may pursue charges against uninsured drivers, but the aggressiveness of prosecution can vary.

Anderson explains, "I have seen a lot of cases where you have a DA who slaps someone on the wrist for things like this. I've seen other cases where DA's very aggressively pursue punishment for driving without insurance."

Unfortunately, as a victim, you have limited control over the criminal proceedings. You can share your perspective with the DA or judge, but ultimately, they decide how to handle the case.

Using Your Own Insurance After an Uninsured Motorist Accident

If you have uninsured motorist coverage, you'll need to file a claim with your own insurance company. This process involves:

1. Notifying your insurance company about the accident

2. Providing all necessary documentation (police report, medical bills, etc.)

3. Working with your insurance adjuster to process the claim

4. Potentially negotiating for fair compensation

While using your own insurance might seem unfair, it's often the most reliable way to receive compensation after an uninsured motorist accident.

Protecting Yourself from Uninsured Motorists

Given the high number of uninsured drivers in Colorado, it's crucial to protect yourself. Here are some steps you can take:

• Review your insurance policy regularly

• Ensure you have adequate uninsured motorist coverage

• Consider increasing your coverage limits for added protection

• Stay informed about Colorado's insurance laws and requirements

Remember, while you can't control other drivers' actions, you can take steps to protect yourself and your loved ones.

FAQ (Frequently Asked Questions)

What happens if I'm in an accident with an uninsured driver?

If you're in an accident with an uninsured driver, you may need to rely on your own insurance coverage, specifically your uninsured motorist coverage, to compensate for your damages and injuries.

Is it mandatory to have uninsured motorist coverage in Colorado?

While liability insurance is mandatory in Colorado, uninsured motorist coverage is not. However, insurance companies are required to offer it, and it's highly recommended given the number of uninsured drivers on the road.

Will my insurance rates go up if I use my uninsured motorist coverage?

Generally, using your uninsured motorist coverage shouldn't cause your rates to increase, as you're not at fault for the accident. However, policies can vary, so it's best to discuss this with your insurance provider.

Can I sue an uninsured driver who caused my accident?

Yes, you can sue an uninsured driver, but collecting damages may be difficult if they don't have significant assets. It's often more practical to use your own insurance coverage.

How can I protect myself from uninsured drivers?

The best protection is to ensure you have adequate uninsured motorist coverage on your own policy. Additionally, always drive defensively and be aware of your surroundings on the road.