How to File a UM/UIM Claim in Castle Rock
To file an uninsured or underinsured motorist (UM/UIM) claim in Colorado, you submit the claim to your own auto insurance company, provide documentation of the crash and your injuries, and negotiate or arbitrate the value of your claim. The process is governed by your policy terms and C.R.S. § 10-4-609. Unlike a standard auto claim against another driver’s insurer, a UM/UIM claim requires you to fight the company that cashes your premium checks every month.
Step-by-Step: Filing Your UM/UIM Claim
Step 1: Confirm Your Coverage Exists
Before you file anything, get your declarations page. This is the document that lists every coverage on your policy along with the limits and deductibles. Look for Uninsured Motorist and Underinsured Motorist or UM/UIM. Note your per-person and per-accident limits.
If you cannot find UM/UIM on your dec page, contact your insurer and ask for a copy of any written rejection form. Under C.R.S. § 10-4-609(1)(a)(II), the rejection must be in writing to be valid. If the insurer cannot produce a signed rejection, the coverage should be on your policy. This is a common dispute and one worth fighting.
Step 2: Report the Claim Promptly
Your policy contains a notice provision requiring you to report claims within a specified timeframe. Do not wait. Call your insurer, tell them you are filing a UM/UIM claim, and follow up in writing. Every conversation should be documented. The insurance company records their calls. You should record yours too, consistent with Colorado’s one-party consent law under C.R.S. § 18-9-303. Colorado requires only one party to the conversation to consent to recording. That party can be you.
Step 3: Gather and Organize Your Evidence
Your UM/UIM claim requires the same evidentiary foundation as a lawsuit against the at-fault driver. You need the police report documenting the accident and establishing the other driver was at fault. You need all medical records from the date of the crash through present, including emergency room records, imaging studies, surgical notes, physical therapy records, and prescription histories. You need wage documentation proving lost income, including pay stubs, tax returns, and employer verification letters. If you have permanent impairment, you need medical expert opinions on your future treatment needs and an economist’s calculation of future lost earning capacity.
Step 4: Handle the Consent-to-Settle (UIM Claims)
For underinsured motorist claims, you must typically exhaust the at-fault driver’s liability coverage before your UIM kicks in. Most Colorado policies contain a consent-to-settle clause requiring you to get your insurer’s permission before accepting the at-fault driver’s policy limits. If you settle with the at-fault driver without your insurer’s consent, you may forfeit your UIM claim.
Send your insurer a written demand for consent to settle, providing the at-fault driver’s policy limits and a summary of why those limits are insufficient. Give them a reasonable deadline to respond. Document everything. If they refuse consent without justification, this may support a bad faith claim under C.R.S. §§ 10-3-1115 and 10-3-1116.
Step 5: Submit Your Demand
Once you have reached maximum medical improvement or have a clear picture of your long-term prognosis, submit a written demand to your insurer. Include a complete narrative of the crash and injuries, all supporting medical records and bills, wage loss documentation, expert reports if applicable, and a specific dollar amount. Your demand should be calculated and precise. Insurance adjusters respect demands backed by evidence. They dismiss demands that throw out inflated numbers without support.
Step 6: Negotiate or Proceed to Arbitration
Your insurer will respond with an offer, counter, or denial. If they deny or offer an amount that does not fairly compensate your injuries, the next step depends on policy terms. Most Colorado UM/UIM policies include mandatory arbitration clauses. See the dedicated UM/UIM arbitration sub-page for what to expect.
Common Mistakes That Destroy UM/UIM Claims
Taking a recorded statement for your insurer. Once you provide a recorded statement for your insurer; every single word is reviewed by a claims adjuster who has been trained to find discrepancies which can be used to deny your claim.
Accepting an offer from the at-fault driver’s carrier without obtaining permission from your carrier. When you settle with the at-fault driver’s carrier without receiving the written approval of your carrier, your UIM claim could potentially be completely eliminated. This is probably the most frequent and most devastating mistake victims commit while not having the guidance of an attorney.
Not attending scheduled doctor visits. As mentioned previously, gaps in treatment can allow the insurance company to suggest that you did not sustain serious injury. Continuous treatment allows for documentation that establishes a chain of events relating your continued injuries to the accident.
Posting anything on social media. Everything you publish online will likely be reviewed by insurance companies. For example, when you post pictures of yourself laughing with friends/family members it demonstrates how little pain you were really experiencing. Insurance companies monitor their injured claimant’s social media accounts. Adjusters will also screen shot everything they see.
Delaying action. Although the general statute of limitation in Colorado is typically 3-years (C.R.S. § 13-80-107.5), the timeframe for providing proper notice can vary depending upon specific language in your policy. Physical evidence continues to deteriorate, witnesses lose recollection, surveillance video is deleted, etc. Therefore, timely action will create a stronger case.
Injured by an Uninsured or Underinsured Driver?
Call Rampart Injury Lawyers at for a free consultation.
We handle UM/UIM claims from our Castle Rock office and serve 13 communities along the I-25 corridor, from Greenwood Village to Colorado Springs.
We work on contingency.
You pay no attorney fee unless we recover compensation for you
Costs and expenses: Under Colorado Rule of Professional Conduct 1.5, clients remain liable for costs and expenses regardless of outcome in certain circumstances. Costs and expenses will be discussed before representation begins.
FAQ: Filing a UM/UIM Claim
Q: Can my insurer raise my rates for filing a UM/UIM claim?
A: No!. Colorado law, specifically C.R.S. § 10-4-628, prohibits rate increases for not-at-fault accidents. This includes other drivers or passengers in your household too – if you weren’t at fault they cannot increase your rates.
Q: What if my insurer says my injuries were pre-existing?
A: If the crash aggravated a pre-existing condition, you are entitled to compensation for the aggravation. This is a standard tort principle. An insurer who denies based on pre-existing conditions without adequate medical review may be acting unreasonably under C.R.S. §§ 10-3-1115 and 10-3-1116.
Q: How long does a UM/UIM claim take to resolve?
A: Simple claims with clear liability and moderate injuries may resolve in 3 to 6 months. Complex claims involving catastrophic injuries, disputed coverage, or arbitration can take 12 to 24 months or longer.
Q: Should I accept the first offer from my insurance company?
A: First offers are almost always lower than what the claim is worth. Insurers make initial offers knowing most people will negotiate. The question is not whether to accept the first offer. It is whether you have the evidence, preparation, and willingness to push for appropriate compensation.
Back to Pillar: Colorado Uninsured & Underinsured Motorist Lawyer
Related Sub-Pages: UM/UIM Coverage Explained | UM/UIM Arbitration | Colorado Insurance Bad Faith Lawyers
DISCLAIMER & ATTORNEY IDENTIFICATION
Rampart Injury Lawyers is a trade name of Travis Legal Offices, LLC. Responsible attorney: Todd A. Travis. Principal office: 333 Perry Street, Suite 203, Castle Rock, CO 80104. Phone: (303) 766-8766. This page is attorney advertising. The content is for general informational purposes only and is not legal advice. Reading this page, contacting the firm, or submitting an intake form does not create an attorney-client relationship. Past results do not guarantee future outcomes. Every case is different and the outcome of any legal matter depends on the specific facts and applicable law. For legal advice on a specific matter, consult a licensed Colorado attorney.
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