How much is my car accident case worth in Colorado?

It depends on the severity of your injuries, the amount of your medical bills and lost wages, the degree of permanency, and the available insurance coverage. Colorado caps noneconomic damages (pain and suffering) at $1,500,000 for cases filed on or after January 1, 2025, under HB 24-1472. Economic damages like medical bills and lost income have no cap. Permanent impairments and the potential for punitive damages are also a factor in assessing the value of the case. An attorney can give you a realistic range after reviewing your medical records and the insurance policies in play.

Should I accept the first settlement offer from the insurance company?

Almost never. The first offer is the insurance company’s floor, not its ceiling. It is calculated to close the file quickly, before you know the full extent of your injuries. If you accept a settlement, you sign a release and give up all future claims forever. Once you sign, there is no reopening the case, even if your injuries turn out to be worse than expected.

What if I was partially at fault for the accident?

You can still recover damages in Colorado as long as you were less than 50% at fault. Under C.R.S. § 13-21-111, your recovery is reduced by your percentage of fault. At 30% fault, you recover 70% of your damages. At 50% or above, you recover nothing. The insurance adjuster’s primary goal is to push your fault percentage as high as possible.

Do I need a lawyer for a minor car accident?

Each case is different and a lot of times, you won’t know if your car accident really is minor or not. If you have no injuries at all even after being examined by your doctors and letting time pass, and your car has a scratched bumper, you probably do not need an attorney. If you went to the emergency room, saw a specialist, missed work, or are still in pain weeks later, the case has likely moved beyond what you should handle alone. A five-minute phone call with an attorney costs you nothing and tells you where you stand.

How long does a Colorado car accident case take?

Some cases can resolve in 3 to 6 months, such as ones with clear liability and limited injuries. Cases involving surgery, disputed liability, or multiple parties typically take longer like 12 to 24 months. Cases that go to trial can take 2 to 3 years from crash to verdict. The single biggest factor in timeline is when you reach maximum medical improvement, because your case cannot be accurately valued until your treatment is complete.

What is the statute of limitations for a car accident in Colorado?

Three years from the date of the crash for personal injury claims under C.R.S. § 13-80-101. Two years for wrongful death under C.R.S. § 13-21-102. If a government vehicle was involved, you must file a notice of claim within 182 days under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). These deadlines are absolute.

What if the other driver was uninsured?

You file a claim under your own uninsured motorist (UM) coverage, if you have it. Colorado law under C.R.S. § 10-4-609 requires insurers to offer UM/UIM coverage, but drivers can reject it in writing. If you have UM coverage, it steps into the shoes of the at-fault driver’s missing insurance. If you do not, your recovery options may be limited to suing the driver personally.

Can I still recover damages if I was not wearing a seatbelt?

Yes, but with a caveat. Under C.R.S. § 42-4-237(7), Colorado’s seatbelt defense allows the at-fault driver to argue that your injuries would have been less severe if you had been buckled. The jury can reduce your damages by the percentage attributable to not wearing a seatbelt, but the failure to wear a seatbelt does not eliminate your claim entirely and does not establish negligence per se. Worse though, failure to wear a seatbelt limits your recovery to economic losses and medical payments, you cannot recover pain and suffering or other non-economic damages if you were not wearing a seatbelt.

What is Colorado’s Hands-Free Law and how does it affect my case?

Effective 2024, Colorado’s Hands-Free Law C.R.S. § 42-4-239 prohibits holding a cell phone while driving. If the at-fault driver was holding a phone at the time of the crash, that is a statutory violation and evidence of negligence per se. Phone records, app data, and cell tower information can prove the violation. This law has strengthened distracted driving claims significantly.

How much does a car accident lawyer cost in Colorado?

Most Colorado car accident attorneys, including Rampart Injury Lawyers, work on a contingency fee basis. You pay nothing upfront. The attorney’s fee is a percentage of the recovery, typically 35% before litigation and 40% if the case goes to trial. If there is no recovery, you owe no attorney’s fees. Costs like filing fees and expert witness fees are typically advanced by the firm and repaid from the settlement or verdict. There are limited circumstances where clients may be responsible for case costs and expenses. If a court awards attorney fees to an adverse party, you may be liable for those fees. Details are in the written fee agreement.

What damages can I recover in a Colorado car accident case?

Economic damages include medical bills, lost wages, future medical care, and reduced earning capacity. Noneconomic damages include pain and suffering, loss of enjoyment of life, interference with the activities of daily living and disfigurement, capped at $1,500,000 for cases filed after January 1, 2025. Colorado Civil Jury Instruction 6:1 also allows for permanent impairment damages, which are also uncapped. If the at-fault driver was drunk or acted willfully and wantonly, exemplary damages under C.R.S. § 13-21-102 may apply.

What if the at-fault driver was driving for Uber or Lyft?

Rideshare cases involve layered insurance policies. If the driver had accepted a ride or was carrying a passenger, the rideshare company typically provides up to $1 million in liability coverage. If the app was on but no ride was accepted, a lower contingent coverage applies. If the app was off, only the driver’s personal policy applies. Identifying which coverage layer applies requires knowing the app status at the moment of the crash.

What Is the Average Car Accident Settlement in Colorado?

There is no meaningful single average. Settlements range from $5,000 for minor soft tissue injuries to over $5,000,000 for catastrophic injuries like spinal cord damage. The value of your case depends on your specific injuries, the liability evidence, and the insurance coverage available. A lawyer can give you a realistic range after reviewing your medical records and the policies in play.

Should I Accept the Insurance Company’s First Offer?

Usually not. The first offer is the insurer’s floor, not its ceiling. It is calculated to close the file before you know the full extent of your injuries. If you accept, you sign a release giving up all future claims. Once signed, the case cannot be reopened, even if your injuries worsen. Consult a lawyer before accepting any settlement offer.

How Long Does It Take to Settle a Car Accident Case in Colorado?

It depends on the complexity of the injuries and whether liability is disputed. Minor injury cases with clear liability may settle quickly. Cases involving surgery, disputed fault, or multiple parties can take years. Cases that go to trial take longer. The statute of limitations for personal injury in Colorado is three years under C.R.S. § 13-80-101.

What If I Was Partially at Fault for the Accident?

You can still recover damages in Colorado as long as you were less than 50% at fault. Under C.R.S. § 13-21-111, your recovery is reduced by your percentage of fault. If you are 30% at fault and your damages total $100,000, you recover $70,000. At 50% or more fault, you recover nothing.

Do I Have to Pay Taxes on My Car Accident Settlement?

Generally, compensation for physical injuries is not taxable under federal law, specifically IRC § 104(a)(2). Compensation for lost wages and punitive damages may be taxable. This is a tax question, not a legal one. Consult a tax professional for advice specific to your situation.

What Is Diminished Value, and Can I Recover It?

Diminished value is the reduction in your vehicle’s market value after a crash, even after full repair. A vehicle with a crash history on its CARFAX report is worth less than the same vehicle without one. This is a recoverable economic damage in Colorado. You need a qualified appraiser to document the loss, and you need to demand it. Insurance companies will not offer it voluntarily.

Can I Recover Damages if the Other Driver Has No Insurance?

Yes, if you have uninsured motorist coverage on your own policy. UM coverage steps in when the at-fault driver has no insurance or flees the scene. Colorado law requires insurers to offer UM coverage under C.R.S. § 10-4-609. If you rejected it in writing, you may not have it. Check your declarations page.

What Is the Eggshell Plaintiff Rule?

Under the eggshell plaintiff doctrine, a defendant takes the plaintiff as they find them. If you had a pre-existing condition that the crash aggravated, the defendant is responsible for the full extent of the aggravation. Pre-existing conditions do not reduce your recovery. They may increase the significance of the crash’s impact on your life.

How Much Does It Cost to Hire a Car Accident Lawyer in Colorado?

Most personal injury lawyers, including Rampart Injury Lawyers, work on contingency. That means no upfront cost, no hourly fees, and no payment at all unless the lawyer recovers money for you. The fee is a percentage of the recovery. If there is no recovery, you owe nothing.

What Is the Statute of Limitations for a Car Accident in Colorado?

Three years from the date of the accident for personal injury claims under C.R.S. § 13-80-101. For wrongful death, the statute is two years from the date of death under C.R.S. § 13-21-204. Missing these deadlines typically bars your claim entirely. Do not wait.

Can I Recover Compensation if I Was Partially at Fault for My Car Accident?

Yes, as long as your fault is less than 50%. Pursuant to C.R.S. § 13-21-111, your recovery is reduced by your percentage of fault. So, for example, if you are 20% at fault and your damages total $150,000, you recover $120,000. At 50% or more, you recover nothing.

Who Decides the Fault Percentages?

In a settled case, the fault percentage is negotiated between the attorneys and the insurance company. In a case that goes to trial, the jury decides. The judge instructs the jury on the law, and the jury assigns a specific percentage to each party based on the evidence.

Does a Traffic Citation Automatically Mean I Was at Fault?

A citation is evidence of a traffic law violation and can establish negligence per se. But a citation does not determine the full fault allocation. You can be cited and still be less than 50% at fault if the other driver’s conduct was a more significant cause of the crash.

What If the Other Driver Was Not Cited but Was Clearly at Fault?

The absence of a citation does not mean the other driver was not negligent. Officers sometimes cannot determine fault at the scene. Independent evidence like dash cam footage, witness statements, and accident reconstruction can establish fault regardless of whether a citation was issued.

Can the Insurance Company Assign Me a Fault Percentage Without Going to Court?

Insurance companies make their own internal fault determinations for settlement purposes. However, those determinations are not legally binding. They are simply a negotiation position. You do not have to accept the position if you feel the determination was incorrect. You may continue to negotiate with the insurance company, or you can proceed with filing a lawsuit and let a jury determine your damages.

What Does Nonparty Designation Mean, and How Does It Affect My Case?

Under C.R.S. § 13-21-111.5, a defendant may designate a nonparty, someone not named in your lawsuit, as partially liable for a portion of the plaintiff’s total liability. The jury may then assign a percent of liability to the nonparty, thus reducing the defendant’s share of the total liability. This is a very common defense strategy to shift some of the liability off of the defendant.

Is Comparative Fault Different from Contributory Negligence?

Yes, comparative fault and contributory negligence are different things. Under contributory negligence, used in only four states plus D.C., any fault on your part bars recovery entirely. Under Colorado’s comparative fault system, you can recover as long as you are less than 50% at fault. Colorado’s system is significantly more favorable to injured people.

Does Comparative Fault Affect My UM/UIM Claim?

In most UM/UIM cases filed against your own insurer, the comparative fault analysis focuses on the fault of the uninsured or underinsured driver. Your own fault may still be relevant if the insurer argues you contributed to the crash. The 50% bar under C.R.S. § 13-21-111 applies to the underlying tort claim that triggers the UM/UIM coverage.

Can Comparative Fault Apply to Pedestrian and Bicycle Cases?

Yes. Pedestrians and cyclists are not exempt from the 50% bar. If a pedestrian jaywalks and is hit by a speeding driver, the jury allocates fault between both parties. If the pedestrian is found 50% or more at fault, they recover nothing.

How Does Rampart Fight the Insurance Company’s Fault Arguments?

We hit back at the fault arguments on all fronts. For the cases that need it, we preserve the EDR data and dash camera footage, which would otherwise disappear, to use in our case against the defendant. We might also hire accident reconstruction experts that can challenge the defense’s expert witnesses on the speeds of vehicles and causation of accidents. We sometimes request the timing of the traffic signals from the city or municipality. We can request cell phone records to show if there was a distraction involved. We prepare for trial so that the insurance companies know we are prepared to take their inflated fault number to a jury for them to decide, rather than accept the insurance companies’ numbers as true.

Is it illegal to hold your phone while driving in Colorado?

Yes. Colorado’s Hands-Free Law, C.R.S. § 42-4-239, prohibits holding or manually using a wireless communication device while driving. Violations include holding the phone for calls, texting, scrolling social media, watching video, or using GPS if the phone is not mounted. The only legal way to use a phone while driving is through a hands-free mount with voice commands.

How do you prove the other driver was on their phone?

Cell phone carrier records, app usage logs such as Screen Time and Digital Wellbeing, cell tower data, GPS logs from the phone and navigation apps, forensic imaging of the phone’s storage, and correlation with the vehicle’s EDR data showing no pre-impact braking are all used to prove the other driver was on their phone. Witness testimony about the driver looking down adds support, but the digital evidence is typically more persuasive than eyewitness accounts.

What is negligence per se in a distracted driving case?

When a driver violates a safety statute, like the Hands-Free Law, and causes a crash, the violation itself establishes the breach of duty element of negligence. The injured party does not need to separately prove the driver was unreasonable. This shifts the trial to causation and damages, removing the insurance company’s strongest defense: arguing that the phone use was brief, incidental, or non-causal.

Can I get punitive damages in a distracted driving case?

Potentially. Exemplary damages under C.R.S. § 13-21-102 require proof beyond a reasonable doubt that the driver’s conduct was willful and wanton. Standard phone use while driving may not meet this threshold. However, watching video while driving at highway speed, livestreaming while driving, or continuing to use a phone after a prior distraction-related crash may demonstrate the conscious disregard required for exemplary damages.

What if the distracted driver rear-ended me?

You likely have a strong case. The trailing driver already carries a statutory presumption of fault under C.R.S. § 42-4-1008. If the driver was also holding a phone in violation of the Hands-Free Law, C.R.S. § 42-4-239, you have two independent negligence per se arguments. The phone records and EDR data together explain why the driver did not brake: they were looking at the phone, not the road ahead.

Can I sue the driver’s employer if they were texting for work?

Yes. If the driver was using the phone for work-related communication at the time of the crash, checking work email, responding to a work text, or taking a work call, the employer may be vicariously liable under respondeat superior. The employer’s commercial liability policy is an additional source of recovery. If the employer required the employee to be reachable while driving or failed to implement a distracted driving policy, the case for employer liability strengthens.

How long do I have to file a distracted driving accident lawsuit?

Three years from the date of the crash for a personal injury negligence claim under C.R.S. § 13-80-101. If the claim involves negligent entrustment or other vicarious liability claims, it could be shorter, such as two years, depending on the exact claim. But the evidence timeline is much shorter. Carrier records, app logs, and EDR data can be lost within weeks or months. Filing a preservation demand within 48 hours and initiating discovery as early as possible are critical to securing the phone evidence that proves distracted driving.

Does comparative negligence apply in distracted driving cases?

Yes. Under C.R.S. § 13-21-111, the defense may argue you share some fault. If you were speeding, failed to signal, or were also distracted, your recovery may be reduced by your percentage of fault. At 50% or above, you recover nothing. However, the Hands-Free Law violation by the at-fault driver is strong evidence that the primary fault lies with them, making it difficult for the defense to push your fault percentage high enough to eliminate your claim.

Can I sue a drunk driver in Colorado?

Yes. The civil lawsuit is entirely separate from the criminal prosecution. You can file a civil claim for compensatory damages, medical bills, lost wages, pain and suffering, and exemplary damages under C.R.S. § 13-21-102. You do not need to wait for the criminal case to conclude. Most civil claims for negligence have a three-year statute of limitations under C.R.S. § 13-80-101, but there are certain exceptions that could make it a two-year or even one-year statute of limitations, so reach out to Rampart Injury Lawyers today to discuss your specific case.

What are punitive damages in a drunk driving case?

Colorado calls them exemplary damages. Under C.R.S. § 13-21-102, a jury may award exemplary damages when the defendant’s conduct was willful and wanton, which includes driving while intoxicated. The cap equals the amount of actual damages awarded, meaning a jury can effectively double your total recovery. The standard of proof is beyond a reasonable doubt.

Can I sue the bar that served the drunk driver?

Yes, under Colorado’s dram shop statute, C.R.S. § 44-3-801. You must prove the bar served the driver when they were visibly intoxicated. The dram shop recovery is in addition to your claim against the drunk driver.

What if the drunk driver who hit me has no insurance?

File a claim under your own uninsured motorist coverage under C.R.S. § 10-4-609. If you also have a dram shop claim against the bar, that adds a second source of recovery through the bar’s commercial general liability policy. Drunk driving cases with uninsured at-fault drivers are exactly the cases where the dram shop claim becomes essential to achieving adequate compensation.

Does a DUI conviction automatically prove fault in my civil case?

The evidence in a criminal case that led to a DUI conviction can be used as evidence of negligence in the civil case, and it is extremely persuasive to a jury. However, the conviction alone does not automatically establish all elements of the civil claim. You must still prove that the impairment proximately caused the crash and that the crash caused your injuries. In practice, when a jury hears that the defendant was convicted of DUI, the liability fight is effectively over. The trial becomes about damages.

What is the difference between DUI and DWAI in Colorado?

DUI under C.R.S. § 42-4-1301 applies when the driver is substantially incapable of safely operating a vehicle due to alcohol or drugs, or BAC greater than or equal to .08. DWAI applies at lower impairment levels, BAC between .05 and .08. Both support a civil claim for compensatory and exemplary damages. The higher the BAC, the stronger the exemplary damages argument.

What if the drunk driver killed my family member?

You have a wrongful death claim under C.R.S. § 13-21-201. Colorado’s wrongful death cap is $2,125,000 for noneconomic damages under C.R.S. § 13-21-203. But if the driver is convicted of vehicular homicide under C.R.S. § 18-3-106, the death qualifies as a felonious killing under C.R.S. § 15-11-803, removing the cap entirely. Plus exemplary damages under C.R.S. § 13-21-102. Plus the dram shop claim if applicable. In drunk driving wrongful death cases, three separate damage streams can combine to produce recoveries well above the standard wrongful death cap.

How long do I have to file a drunk driving accident claim?

Three years for personal injury under C.R.S. § 13-80-101. Two years for wrongful death under C.R.S. § 13-80-102. One year applies to dram shop cases under C.R.S. § 44-3-801. If a government vehicle was involved, 182 days applies for CGIA notice.

Can I Sue the Government if a Government Vehicle Caused My Accident?

Yes, but only under specific conditions. The Colorado Governmental Immunity Act waives sovereign immunity for injuries caused by the operation of a government-owned motor vehicle under C.R.S. § 24-10-106(1)(a). You must file a written notice of claim within 182 days of the accident under C.R.S. § 24-10-109, and your damages are capped.

What Is the 182-Day Notice of Claim?

The notice of claim is a written document filed with the government entity that caused your injury. It must include your name and address, a description of the incident, the date and location, the name of the government entity, and the amount of damages claimed. This is not a lawsuit. It is a mandatory prerequisite before you can file a lawsuit. Miss the 182-day deadline and you cannot file the lawsuit at all.

What Happens If I Miss the 182-Day Deadline?

Your claim is permanently barred. The Colorado Supreme Court has held that the CGIA notice requirement is jurisdictional. The court literally does not have the power to hear your case if the notice was not timely filed. There is no exception for good cause, excusable neglect, or lack of knowledge about the deadline.

Castle Rock Uninsured and Underinsured Motorist Lawyers

Castle Rock Uninsured and Underinsured Motorist Lawyer

One in six Colorado drivers has no insurance. If one of them hits you, your own policy may be your only lifeline.

This page explains how uninsured and underinsured motorist coverage works in Colorado, what your legal rights are when the other driver cannot pay, and how Rampart Injury Lawyers fights your own insurance company to get the money that coverage was designed to deliver.

You did everything right. You followed all the rules and bought insurance like you are supposed to. And then someone without a dollar of coverage ran a red light or otherwise drove negligently. Worse yet, now the at-fault driver has no insurance, no assets, and no ability to pay a dime toward your medical bills.

Or maybe the other driver does have insurance. The state minimum. That $25,000 policy could be gone after your first surgery if you need it, and you still have six months of physical therapy ahead of you. The bills keep coming. The at-fault driver’s policy is empty. And you’re wondering who is supposed to pay the rest.

The answer might be sitting in your own glovebox or online. It depends on decisions you made when you bought your insurance policy, not even thinking that you may need it one day.

Colorado ranks 9th worst in the nation for uninsured drivers, with an estimated 17.5% of motorists carrying zero coverage, according to (CPR News, December 2024). Under C.R.S. § 10-4-609, every auto insurer writing policies in Colorado must offer uninsured motorist and underinsured motorist coverage. If the insured does not reject this coverage in writing, it attaches to the policy at an amount equal to the insured’s liability limits. Colorado’s minimum liability limits are just $25,000 per person and $50,000 per accident under C.R.S. § 10-4-619. When those limits run out, UM/UIM coverage is the difference between full recovery and financial ruin.

Uninsured vs. Underinsured: Two Problems, One Statute

Colorado bundles both protections under a single statute: C.R.S. § 10-4-609. The distinction matters because the claims process differs depending on which category applies to your crash.

Uninsured Motorist Coverage
Uninsured motorist coverage kicks in when the at-fault driver has no liability insurance at all. It also applies when the at-fault driver is a hit-and-run phantom vehicle who cannot be identified. Under Section 10-4-609(6), a driver who cannot be located for service of process after a reasonable attempt is deemed uninsured for purposes of your UM claim. This is why UM coverage is so critical after a hit and run. If the other driver disappears, your UM policy steps into the shoes of the missing driver’s nonexistent insurance.
Underinsured Motorist Coverage
Underinsured motorist coverage applies when the at-fault driver has an insurance policy, but the limit of that policy is less than the amount owed for injuries suffered in the accident. According to Colorado Statute Section 10-4-609(4), an underinsured motor vehicle is a vehicle that is insured or bonded for bodily injury at the time of the accident, and the limits of the insurance policy are less than the amount needed to pay in full for your damages. Your UIM policy will pay the remaining amount due for damages from the accident, up to the limits of your UIM policy.
The Bucket Analogy
An analogy we use at Rampart Injury Lawyers to explain this is a bucket catching water. The first bucket that is supposed to catch the water, your damages, is the at-fault driver’s insurance. However, if that does not exist or is not enough and overflows, your own insurance policy through UM or UIM coverage acts as a second bucket. The goal is to make sure between all of the buckets of insurance, however they stack in a case, they are enough to catch all the water, meaning all of your damages.

Colorado’s Minimum Coverage Problem

Colorado law requires every driver to carry liability insurance of at least $25,000 per person, $50,000 per accident, and $15,000 in property damage under C.R.S. § 10-4-619. Those numbers have not kept up with the cost of medical care. A single ambulance ride in the Denver metro can cost thousands. One night in the ICU at UCHealth or Centura may run tens of thousands before a single procedure is performed. And a spinal cord or other critical surgery can cost hundreds of thousands or even millions.

A driver carrying the state minimum $25,000 policy is technically insured. But if your injuries cost $250,000, that policy covers ten cents on the dollar. The remaining $225,000? Without UIM coverage, that gap falls on you.

According to a 2025 Insurance Research Council report, one in three drivers nationally was either uninsured or underinsured in 2023. Colorado saw the largest increase in UIM rates in the entire country, a 24.4 percentage-point jump. That means even if the other driver has a policy, the odds that it covers your full losses are dropping every year.

How UM/UIM Coverage Works in Colorado

Under C.R.S. § 10-4-609, every auto insurer in Colorado must offer UM/UIM coverage before issuing or renewing a policy. The insurer must offer coverage up to the insured’s own bodily injury liability limits. If you carry $100,000/$300,000 in liability, you can purchase UM/UIM at the same level. The insurer cannot force you to take less.

If you do not reject UM/UIM in writing, the coverage attaches at statutory minimums of $25,000/$50,000. Here is the catch: that rejection only has to happen once. After the initial selection, the insurer is not required to ask again at renewal under Section 10-4-609(3). So if you declined UM/UIM coverage fifteen years ago when you signed up, and you have been renewing the same policy ever since, you may still have no UM/UIM coverage today. It is a one-time decision with permanent consequences.

What UM/UIM Covers
Medical expenses, lost wages, pain and suffering, loss of enjoyment of life, disfigurement, and any other damages you would be legally entitled to collect from the at-fault driver if they had adequate insurance.
What UM/UIM Does Not Cover
Property damage to your vehicle. That is governed separately under C.R.S. § 10-4-610. UM/UIM in Colorado applies to bodily injury only.

Stacking: When Multiple Policies Multiply Your Coverage

Stacking is one of the most misunderstood and most valuable features of Colorado UM/UIM law. Under the Colorado Supreme Court’s ruling in DeHerrera v. Sentry Insurance Company, 30 P.3d 167 (Colo. 2001), UM/UIM benefits follow the person, not the vehicle. The Court held that one premium is sufficient to cover an entire family, and insurers cannot use anti-stacking provisions to reduce the coverage below what the statute requires.

So in practice what this ultimately means for you is that if you have two vehicles on your policy, each with $100,000 in UM/UIM coverage, you may be able to stack those limits to $200,000. If your spouse has a separate policy with $100,000 in UM/UIM and you are a resident relative, you may access that policy too. The total available coverage can far exceed what any single policy shows on its declarations page.

Insurance companies fought hard against this type of stacking and they largely lost. The Colorado legislature and courts have made clear that UM/UIM is designed to protect people, not insurer profit margins. If your insurer tries to tell you that your coverage is limited to a single vehicle’s limits, get a lawyer involved. That answer may be wrong.

Filing a UM/UIM Claim: When Your Own Insurance Company Becomes the Opponent

The biggest surprise when you file a UM/UIM claim is that you are filing a claim against the same company you pay premiums to each year. It is the same entity, but their financial interest changes the minute you file the claim. Now, the company you paid premiums to for years is the one that has to write the check.

Consider a coworker you thought was working for your benefit, yet after an assignment, they are required to be an adversary against you. Same coworker. Same company. However, different interests. After you file your claim, your insurance company will investigate your accident, assess the extent of your injury, and decide what they believe your claim is worth.

If the amount they believe your claim is worth is less than what you feel your claim is worth, you can either accept their evaluation or take action to contest it.

Step 1: Pursue the At-Fault Driver’s Liability Limits
For UIM claims, before your UIM coverage activates, you do not need to resolve the claim against the at-fault driver’s insurer first. In Colorado you can access UIM even before the at-fault policy is exhausted. However, it is very important to be careful here. Most UIM policies contain a consent-to-settle clause that requires you to get your own insurer’s written permission before accepting the at-fault driver’s policy limits. If you make a mistake and settle without that permission, your insurer may deny your UIM claim entirely.
Step 2: File the UM/UIM Claim with Your Own Insurer
Provide timely notice and submit documentation of your injuries, medical records, lost wages, and other damages to your own UM/UIM carrier as soon as you have reason to believe the other driver has no insurance or not enough. Your insurer will assign an adjuster who now evaluates your claim from the other side of the table.

When Your Insurer Refuses to Pay: Bad Faith Under Colorado Law

Colorado has strong bad faith insurance protections ingrained in its legal system. Under C.R.S. § 10-3-1115, an insurer that unreasonably delays or denies a covered benefit owes the claimant two times the covered benefit plus attorney fees and costs under C.R.S. § 10-3-1116. For example, if your insurer unreasonably refuses to pay a $100,000 UM/UIM claim, the penalty can be $200,000 plus your lawyer’s fees on top.

The legislature created this protection because they knew there was an inherent inequality in your relationship with your insurer. You have paid thousands of dollars over years in premium payments to get the protection that you are paying for. When you finally need the coverage that you paid for, your insurer has every incentive to deny your claim, or at least delay payment, lowball you, or deny you your benefits. This bad faith statute gives you the leverage to ensure that the UM/UIM promise you paid for is enforceable against your insurer.

Examples of Bad Faith Conduct
Some examples of bad faith actions that insurers take when handling UM/UIM claims include unreasonable delays in investigating the claim, asking for excessive information or documentation regarding the injury when there seems to be no need for so much documentation, refusing to consider how stacking applies to your policy, claiming that you do not have coverage when it is clear that you do, and providing a settlement amount that ignores the full extent of your documented medical expenses. When your insurer engages in one of these behaviors, you are likely to experience frustration. But it could also be unlawful.

Hit-and-Run Accidents and UM Coverage

Hit-and-run accidents are usually handled as uninsured motorist claims in Colorado. Under C.R.S. § 10-4-609(6), if the at-fault driver cannot be located for service of process, they are deemed uninsured. Your UM policy is the primary recovery path.

This connection matters because Colorado has a serious hit-and-run problem. When uninsured drivers cause crashes, they have every incentive to flee. They know they have no insurance. They know they face criminal penalties for driving uninsured. So they disappear, and you are left with the aftermath. If you have UM coverage, you have a claim. If you do not, you may have nothing.

UM/UIM and Rideshare Accidents

If you are injured in an Uber or Lyft accident and the at-fault driver is uninsured, the coverage architecture becomes layered. As of August 2022, HB 22-1089 requires TNCs to provide uninsured motorist coverage of at least $200,000 per person and $400,000 per occurrence during prearranged rides. The TNC cannot reject this coverage. Your own UM/UIM policy may also apply on top of the TNC’s coverage, depending on the circumstances.

Why UM/UIM Claims Require a Lawyer

Most car accident claims are against the other driver’s insurance company. The adversarial dynamic is obvious. But UM/UIM claims are different. You are making a claim against the company that prints your name on the policy. The company that cashed your premium checks. The company you have trusted to protect you if you ever needed them.

However, now that company is evaluating your injuries, questioning your treatment, and deciding how much your pain is worth. They have adjusters, defense attorneys, actuarial data, and incentives to make sure they protect their bottom line. That leaves you with a stack of medical bills and a phone that keeps ringing with no end in sight if they do not handle it properly.

Rampart Injury Lawyers prepares every UM/UIM case in detail. Hopefully, the insurance carrier does the right thing and protects the people who have been paying them for UM/UIM insurance, but that is not always guaranteed and you cannot assume it will happen in your case. We identify every available policy, we analyze stacking, we document the full scope of your injuries, and if your insurer acts in bad faith, we file the statutory claim that turns their delay into their liability. We have recovered millions for Colorado families in UM/UIM claims across Colorado and in the I-25 corridor.

Frequently Asked Questions: Uninsured and Underinsured Motorist Claims in Colorado

What Is the Difference Between UM and UIM Coverage in Colorado?
Uninsured motorist coverage applies when the at-fault driver has no insurance at all, or in hit-and-run cases where the driver cannot be identified. Underinsured motorist coverage applies when the at-fault driver has insurance, but the policy limits are not sufficient to cover your damages. Both are governed by C.R.S. § 10-4-609.
Is UM/UIM Coverage Required in Colorado?
No. Colorado law requires insurers to offer UM/UIM coverage, but you can reject it in writing. However, if you do not reject it in writing, coverage attaches at an amount equal to your bodily injury liability limits. Most insurance professionals strongly recommend purchasing UM/UIM at limits equal to your liability coverage.
How Much Does UM/UIM Coverage Cost?
UM/UIM coverage is one of the most affordable additions to an auto policy. The median annual cost nationally for uninsured motorist bodily injury coverage is approximately $50 per year. Given that 17.5% of Colorado drivers are uninsured, it is one of the most cost-effective protections available.
Can I Stack UM/UIM Coverage from Multiple Vehicles or Policies?
Yes, in many cases. The Colorado Supreme Court ruled in DeHerrera v. Sentry Insurance Company, 30 P.3d 167 (Colo. 2001) that UM/UIM benefits follow the person, not the vehicle. If you have multiple vehicles on a policy or access to a household member’s policy, you may be able to stack those limits. An attorney can analyze your specific policies to determine your total available coverage.
What Should I Do if Hit by an Uninsured Driver in Colorado?
When it is safe to do so, call 911 and get a police report. Seek immediate medical treatment if you have any pain or indication of injuries. Do not give a recorded statement to any insurance company before speaking with a lawyer. Notify your own insurer of the crash. Do your best to preserve all evidence, including photos, witness contact information, and your medical records. Then contact a UM/UIM attorney who can identify every available coverage source.
Can I Sue the Uninsured Driver Directly?
You may be able to sue the uninsured driver directly, but collecting on that judgment or even settlement is often difficult. Drivers who cannot afford insurance typically cannot afford to pay a judgment. A UM/UIM claim against your own insurer is almost always the more practical path to compensation. The statute of limitations for personal injury in Colorado is three years under C.R.S. § 13-80-101.
What Is the Consent-to-Settle Clause, and Why Does It Matter?
Consent-to-settle clauses are placed in most UIM policies and require you to get your own insurer’s written permission before settling with the at-fault driver’s insurance company. If you settle the at-fault claim without this consent, your insurer may deny your entire UIM claim. That is why it is always recommended to consult a lawyer before accepting any settlement from the at-fault driver’s carrier.
What Happens if My Insurance Company Lowballs My UM/UIM Claim?
If your insurer unreasonably delays or denies your claim, Colorado’s bad faith statutes, C.R.S. § 10-3-1115 and C.R.S. § 10-3-1116, allow you to recover two times the covered benefit plus attorney fees. An unreasonable lowball offer can trigger bad faith liability.
Does UM/UIM Coverage Apply to Hit-and-Run Accidents?
Yes. Under C.R.S. § 10-4-609(6), if the at-fault driver cannot be located for service of process, they are deemed uninsured for purposes of your UM claim. Hit-and-run victims with UM coverage have a clear path to recovery through their own policy.
How Long Do I Have to File a UM/UIM Claim in Colorado?
The statute of limitations for UM/UIM claims in Colorado is governed by C.R.S. § 13-80-107.5, which provides that the limitations period for a UM/UIM contractual claim runs concurrently with the personal injury statute of limitations. Generally, you have three years from the date of the accident. Evidence fades or disappears over time, witnesses forget what happened, and other documentation you need to support your claim with your insurance becomes harder to acquire over time, so do not wait.

Talk to a Colorado Uninsured Motorist Lawyer Today

You paid your premiums. You trusted that the coverage would be there when you needed it. Now you need it, and your own insurance company is acting like your claim is an inconvenience. That is not how this is supposed to work.

Rampart Injury Lawyers handles UM/UIM claims across Colorado and in particular in the I-25 corridor from Denver to Colorado Springs. We work hard to identify every available policy, analyze stacking, demand full payment from your insurer, and file bad faith claims when they refuse to honor the coverage you paid for. We work on contingency: nothing upfront, nothing out of pocket, and no attorney’s fees unless we recover for you.

Castle Rock Uninsured and Underinsured Motorist Lawyers

Castle Rock Uninsured and Underinsured Motorist Lawyers

On This Page

Castle Rock Uninsured and Underinsured Motorist Lawyer

Uninsured vs. Underinsured: Two Problems, One Statute

Uninsured Motorist Coverage

Underinsured Motorist Coverage

The Bucket Analogy

Colorado’s Minimum Coverage Problem

How UM/UIM Coverage Works in Colorado

What UM/UIM Covers

What UM/UIM Does Not Cover

Stacking: When Multiple Policies Multiply Your Coverage

Filing a UM/UIM Claim: When Your Own Insurance Company Becomes the Opponent

Step 1: Pursue the At-Fault Driver’s Liability Limits

Step 2: File the UM/UIM Claim with Your Own Insurer

When Your Insurer Refuses to Pay: Bad Faith Under Colorado Law

Examples of Bad Faith Conduct

Hit-and-Run Accidents and UM Coverage

UM/UIM and Rideshare Accidents

Why UM/UIM Claims Require a Lawyer

Frequently Asked Questions: Uninsured and Underinsured Motorist Claims in Colorado

What Is the Difference Between UM and UIM Coverage in Colorado?

Is UM/UIM Coverage Required in Colorado?

How Much Does UM/UIM Coverage Cost?

Can I Stack UM/UIM Coverage from Multiple Vehicles or Policies?

What Should I Do if Hit by an Uninsured Driver in Colorado?

Can I Sue the Uninsured Driver Directly?

What Is the Consent-to-Settle Clause, and Why Does It Matter?

What Happens if My Insurance Company Lowballs My UM/UIM Claim?

Does UM/UIM Coverage Apply to Hit-and-Run Accidents?

How Long Do I Have to File a UM/UIM Claim in Colorado?

Talk to a Colorado Uninsured Motorist Lawyer Today

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