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Lakewood, Colorado roadway. CGH Injury Lawyers handles uninsured motorist claims for Lakewood crash victims.
Lakewood, Colorado

Lakewood Uninsured Motorist Lawyers Who Take On Your Own Insurance Company

When the driver who hit you on West Colfax Avenue, Wadsworth Boulevard, or the United States Highway 6 corridor had no insurance, drove off before anyone got a plate, or carried a limit that ran out long before your medical bills did, the recovery usually has to come from your own auto policy. We represent Lakewood crash victims in UM and UIM claims against their own carriers. Serving Jefferson County from our Denver office. No fee unless we win.

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Serving Lakewood from our Denver Office CGH Injury Lawyers 2701 Lawrence St., Suite 201 Denver, CO 80205 (303) 209-9395 Se habla espanol
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  • Colorado obligates every auto insurer in the state to offer UM/UIM coverage matching your bodily injury liability limits, and a rejection counts only if it was made in writing by the named insured (C.R.S. 10-4-609). Plenty of drivers who believe they turned this coverage down have never checked whether the rejection actually met the statute.
  • UM coverage responds when the at-fault driver carried nothing, fled, or was a phantom vehicle that never made contact. UIM responds when the other driver had a policy whose limit stopped short of your losses. Under C.R.S. 10-4-609(4), the two are bound together, so buying UM brings UIM along with it.
  • What changes in these claims is the identity of the opponent. The carrier you have paid premiums to for years now has a direct financial stake in valuing your injuries low, and the slow responses, first offers, and recorded-statement requests normally aimed at strangers get pointed at you instead.
  • At CGH Injury Lawyers, we handle UM and UIM claims for people hurt on Lakewood streets and highways, working Jefferson County files from our Denver office at 2701 Lawrence St., Suite 201. We pull every declarations page, confirm what coverage and endorsements actually exist, assemble the medical record from every facility that treated you, and prepare each file for arbitration or for suit in the 1st Judicial District.

Free first consultation. No fee unless we win. Call (303) 209-9395.

Colorado UM/UIM law decoded for Lakewood crash victims

The legal framework for uninsured and underinsured motorist claims in Colorado comes from a single statute and a line of cases interpreting it. Here is what it actually means for a driver hurt in Jefferson County.

C.R.S. 10-4-609: what the statute requires

  • Every Colorado auto insurer must offer UM/UIM coverage equal to the bodily injury liability limits you buy. You can reject it, but only in writing by the named insured (C.R.S. 10-4-609).
  • Under C.R.S. 10-4-609(4), purchasing UM coverage automatically includes UIM coverage. They come bundled together by operation of law.
  • A 2007 amendment to C.R.S. 10-4-609, effective January 1, 2008, removed the provision that had let insurers reduce UIM by whatever the at-fault driver's carrier paid. Under C.R.S. 10-4-609(1)(c), the coverage sits in addition to the liability recovery and cannot be reduced by a setoff from other coverage. Whether limits from more than one vehicle or policy can be combined is a separate, fact-specific question that depends on the declarations pages, how premiums were charged, and the policy language.
  • A rejection that does not meet the statute's requirements is potentially invalid, which means coverage you thought you did not have may still exist. We review the rejection language before assuming there is no policy to draw from.

The four triggers: when UM/UIM applies

  • The at-fault driver had no liability insurance. Your UM coverage becomes the only practical recovery path when the other driver cannot pay.
  • Hit-and-run. The driver fled before you got a plate, or before you could identify them. Colorado treats an unidentified fleeing driver as uninsured for UM purposes.
  • Phantom vehicle. A driver cut you off or ran you off the road without contact. Colorado allows UM recovery in some phantom-vehicle cases, but corroborating evidence such as a witness or video is typically needed.
  • Underinsured driver. The other driver had coverage, but their policy limit was lower than your documented losses. Their insurer pays its available limit, and your UIM claim covers the remaining gap up to your own UIM limit.

The filing deadline and comparative fault

Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5, the statute the Colorado Supreme Court applied in Pham v. State Farm, 2013 CO 17. The deadline turns on the procedural history of the underlying claim. Your policy may also impose a shorter contractual notice deadline. Missing that notice can give the insurer a defense, so it must be identified early.

Colorado follows a modified comparative negligence rule with a 50 percent bar (C.R.S. 13-21-111). If you are found less than 50 percent at fault, you recover damages reduced by your percentage of fault. If you are 50 percent or more at fault, you recover nothing. Adjusters can push your fault share higher on a UM/UIM claim, which reduces the payout, so challenging that assessment is central to protecting your recovery.

LAKEWOOD ROADS, COURTS, AND TRAUMA CARE

Where Lakewood UM/UIM crashes happen, and where your case goes

Uninsured and underinsured motorist claims in Jefferson County are shaped by local roads, local courts, and local trauma centers. Lakewood is unusual on two of those three counts, and both facts change how a claim is built.

High-Risk Corridors

West Colfax Avenue, Wadsworth Boulevard, and the United States Highway 6 interchange

The City of Lakewood's own West Colfax safety project reports 820 total crashes in a 1.5 mile segment of West Colfax Avenue between January 2015 and December 2019, producing 283 serious injuries and six fatalities. Ninety-eight of those crashes involved a pedestrian or cyclist, and of those, 74 resulted in serious injuries and five in death. The city states that West Colfax from Sheridan Boulevard to Wadsworth Boulevard has the highest number of vehicle versus pedestrian collisions in Lakewood.

Wadsworth Boulevard is designated State Highway 121, and the Colorado Department of Transportation is rebuilding its interchange with United States Highway 6 after determining the interchange could no longer meet existing and future transportation needs. The department places that interchange area inside the City of Lakewood, with project limits running along Wadsworth Boulevard from 4th Avenue to Colfax Avenue. A long reconstruction on a high-volume arterial means shifting lanes and unfamiliar merges for years at a stretch.

Trauma Care

St. Anthony Hospital, a Level I center inside the city

St. Anthony Hospital sits at 11600 West 2nd Place in Lakewood and is a Level I trauma center. CommonSpirit describes it as a Level I Trauma Center designated by the state health department, and the Colorado Department of Public Health and Environment lists it at that level and address on its own published trauma facility list. In Colorado, the state health department designates trauma levels, a separate process from the verification the American College of Surgeons performs.

That puts the region's highest level of trauma care inside Lakewood rather than a transfer away, which matters to a damages claim because the definitive record is generated locally. The state list also shows freestanding emergency facilities in Lakewood that are not designated trauma centers, so a patient may generate records at one of those first. We collect the full chain from every facility involved before any demand goes out.

Courthouse

Jefferson County District Court sits in Golden (1st Judicial District)

Personal injury cases arising in Jefferson County may be filed in the Jefferson County District Court, part of the 1st Judicial District, which sits at the Jefferson Combined Court, 100 Jefferson County Parkway, Golden, CO 80401. The county seat is Golden, not Lakewood, and that is where the courthouse is.

So the inversion is real: your hospital records come from inside Lakewood, and your lawsuit, if it becomes one, travels to Golden. A UM/UIM claim that does not resolve through negotiation or arbitration can end up in that court. The defendant in a UM/UIM suit is your own insurer rather than the driver who hit you, and Colorado's venue rule allows more than one proper county, so the filing county is a strategic decision. We handle cases filed in the 1st Judicial District, serving our Lakewood clients from our Denver office.

Winter Driving

Winter driving near Lakewood and who still pays

Lakewood sits at the western edge of the Denver metro area, where the mountain highways reach the plains. The Colorado Department of Transportation runs its Traction Law each year from September 1 through May 31 on the Interstate 70 Mountain Corridor between Dotsero and Morrison, and that corridor ends at Morrison, a Jefferson County town west of Lakewood, rather than at Lakewood's own city limits.

Winter conditions do not change who pays. Crashes produced by weather still trigger UM/UIM coverage when the at-fault vehicle had no insurance or fled the scene, so a snow-day collision is not automatically a barrier to recovery.

WHY CGH

Why Lakewood victims choose CGH Injury Lawyers for UM/UIM claims

We serve Lakewood from our Denver office, and we are honest about what that means: no local storefront, but a licensed Colorado trial team that knows how to build a UM/UIM claim from the policy review through to Jefferson County District Court.

The Statute

C.R.S. 10-4-609

Colorado requires your insurer to offer UM/UIM coverage equal to your liability limits. We know the statute, the stacking rules, and how to read a rejection form for flaws an adjuster is not going to point out.

Bad Faith on the Table

When your insurer stalls, we have a remedy.

When an insurer unreasonably delays or denies a valid UM/UIM claim, Colorado gives you a separate statutory bad-faith cause of action under C.R.S. 10-3-1115 and 10-3-1116. We document insurer conduct from day one so that a lowball offer or unexplained delay shifts the negotiation dynamic.

Honest Case Review

We decline cases we cannot stand behind.

Not every crash produces a UM/UIM claim worth pursuing. If your fact pattern does not support one, we will tell you that in the free review rather than sign you up and let the case stall. When the law supports your claim, we fight hard.

Stacking Review

Multiple vehicles may mean multiple limits.

Whether limits from more than one vehicle or policy can be combined depends on the declarations pages, how premiums were charged, and the policy language. We pull every declarations page and every endorsement to find available limits before any demand goes out.

Trial-Ready

ABOTA member. Jefferson County is not a problem.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has served as Treasurer of the Colorado Trial Lawyers Association. Timothy G. Tarr has been recognized in The Best Lawyers in America for Personal Injury Litigation - Plaintiffs since 2023. Carriers pay attention to which firms are prepared to try a case in the Jefferson County District Court.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Lakewood's Spanish-speaking community. Language is never a barrier to a free case review.

No Win, No Fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement, verdict, or arbitration award.

AFTER THE CRASH

What to do after an uninsured or hit-and-run crash in Lakewood

The first hours after a crash with an uninsured or fleeing driver set the foundation for the UM/UIM claim. Here is the sequence that protects your recovery.

  1. Get medical care immediately

    If your injuries are serious, emergency transport may take you to St. Anthony Hospital, the Level I trauma center in Lakewood. Seek care even if you feel okay at the scene. Adrenaline masks injury, and a gap in medical treatment gives the insurer a pre-existing-condition argument.

  2. Call law enforcement

    A police report confirming the other driver fled the scene, had no insurance, or could not be identified is essential to a hit-and-run or uninsured UM claim. Within Lakewood city limits, including the stretches of West Colfax Avenue, Wadsworth Boulevard, and United States Highway 6 that run through the city, the Lakewood Police Department typically takes the report.

  3. Document everything at the scene

    Photograph the damage, your injuries, and the crash location. Note nearby businesses with exterior cameras, dashcam footage from other vehicles, and the names of any witnesses. Retention periods vary widely from one business to the next, so identify anything that can corroborate what happened before you leave the scene.

  4. Notify your own insurer promptly

    Your UM/UIM policy may contain a contractual notice requirement shorter than the statutory deadline. Report the crash to your own carrier promptly, but do not give a recorded statement or accept any offer before speaking with us. The insurer may frame the recorded statement as routine, but it can lock you into answers before your medical picture is complete.

  5. Pull your declarations page

    Find your auto insurance declarations page. It shows your UM/UIM limits, whether you have more than one vehicle on the policy, and any endorsements. If you live in a household with other insured vehicles, stacking may be available. Bring that document to the free case review and we will map every dollar of available coverage.

  6. Call us before the adjuster calls again

    Once we are on the case, we handle all insurer communication. We confirm the at-fault driver's uninsured or underinsured status, secure the police report and any available footage, develop the full medical record before any demand goes out, and document every instance of insurer delay or lowballing for the bad-faith record. Call (303) 209-9395.

COMPENSATION

What compensation can Lakewood UM/UIM victims recover?

A crash with an uninsured or underinsured driver creates the same categories of harm as any serious collision. The difference is that the recovery comes from your own policy. Here is what is available.

Economic damages (not limited by Colorado's non-economic cap)

  • Emergency care at St. Anthony Hospital, surgery, and follow-up treatment
  • Future medical costs and rehabilitation
  • Lost wages and lost earning capacity
  • Out-of-pocket expenses tied to the crash and recovery

Non-economic damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Physical impairment and disfigurement, which Colorado treats as a separate category that the non-economic damages cap does not limit (C.R.S. 13-21-102.5(5))

For civil actions filed on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million under C.R.S. 13-21-102.5, with inflation adjustments beginning January 1, 2028. Lower caps apply to actions filed before that date, so which cap governs is fact-specific. Economic damages such as medical bills, future care, and lost wages are not limited by that cap, though any UM/UIM recovery is still bounded by the limits on the policy you are claiming under.

Compensation for physical impairment or disfigurement is also not limited by that cap (C.R.S. 13-21-102.5(5)), which matters in serious-injury UM/UIM cases. We structure the demand to reach every available category, including bad-faith penalties when insurer conduct warrants it.

WHAT INSURERS ARGUE

Defenses Lakewood UM/UIM insurers use, and how we answer them

Your own insurer raises many of the same defenses a third-party carrier would. Knowing what each one actually requires is how a documented claim stays alive.

  1. "The injuries are pre-existing"

    Blanket medical authorizations reaching back many years are a common insurer request, and they can be used to argue your injuries predate the crash. We manage the scope of medical releases and work with your treating providers to document what was caused by the crash versus what existed before it.

  2. "You were partly at fault"

    Colorado's modified comparative negligence rule bars recovery if you are 50 percent or more at fault (C.R.S. 13-21-111). Adjusters can push your fault share toward the 50 percent bar, which would reduce a UM/UIM payment and eliminate it entirely at 50 percent or more. We build the liability record from the crash report, physical evidence, and witness accounts to challenge any inflated fault allocation.

  3. "You validly rejected UM/UIM coverage"

    A rejection must be in writing by the named insured to be valid under C.R.S. 10-4-609. Rejections that fail the statute's requirements can be found invalid. We review every rejection document before accepting that no UM/UIM coverage exists.

  4. "The other driver actually had insurance"

    Drivers sometimes carry expired cards, have coverage lapses, or drive vehicles insured by someone else. We independently verify the at-fault driver's insurance status through law enforcement records and direct insurer inquiry, not just the other driver's word at the scene.

  5. Delay as a strategy

    Slow document requests, file reassignments, and silence after a demand are common. When delay becomes unreasonable, Colorado's statutory bad-faith remedy under C.R.S. 10-3-1115 and 10-3-1116 becomes available. We document the timeline of insurer conduct from first notice forward so that pattern is on record.

THE HARD PART OF THESE CLAIMS

Why filing against your own insurer is different

Most people assume their own insurer is on their side. In a UM/UIM claim, the transaction is adversarial. Understanding why changes how you approach every insurer interaction.

  • In a UM/UIM claim, you are negotiating with your own auto carrier. Every dollar it pays comes off its books. The conflict is structural, not personal.
  • You may have cooperation duties under your policy, including reporting the crash promptly and providing documentation. What cooperation actually requires depends on the policy language, and reading that language carefully matters before you agree to a recorded statement or accept a fault label in the first call.
  • When an insurer unreasonably delays or denies a valid claim, Colorado gives you a separate cause of action under C.R.S. 10-3-1115 and 10-3-1116. A documented bad-faith record is one of the few things that reliably moves a carrier off a low number.
  • Most UM/UIM disputes resolve through negotiation or arbitration, which some policies require before a lawsuit can be filed. We know both tracks and use the one that fits your case best.
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QUESTIONS

Lakewood UM/UIM claims: frequently asked questions

What is the difference between UM and UIM coverage in Colorado?

Uninsured motorist (UM) coverage pays when the at-fault driver had no insurance, fled the scene, or was a phantom vehicle. Underinsured motorist (UIM) coverage pays the gap when the at-fault driver had insurance but their policy limit was lower than your documented losses. Both come from your own auto policy. Under C.R.S. 10-4-609(4), buying UM automatically includes UIM. A crash on West Colfax Avenue or Wadsworth Boulevard with an uninsured driver triggers your UM coverage, not the other driver's.

Does Colorado law require me to have UM/UIM coverage?

Colorado law does not require you to buy UM/UIM coverage, but every auto insurer in the state must offer it equal to your bodily injury liability limits under C.R.S. 10-4-609. A rejection must be in writing by the named insured to be valid. Rejections that fail the statute's requirements can be found invalid. If you are not certain what your Lakewood household policy actually says, it is worth confirming before assuming no coverage applies.

The driver who hit me on West Colfax Avenue fled the scene. Do I still have a claim?

Yes. A hit-and-run driver is treated as uninsured under Colorado UM coverage. Report the crash to law enforcement and to your own insurer without delay. Physical evidence, witnesses, and dashcam footage all strengthen the claim, and businesses and private security systems along the Colfax corridor may have footage that is overwritten on a short retention cycle. Your policy may also contain a notice deadline shorter than the statutory filing deadline.

How long do I have to file a UM/UIM claim after a Lakewood crash?

Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5, the statute the Colorado Supreme Court applied in Pham v. State Farm, 2013 CO 17. The deadline turns on the procedural history of the underlying claim. Your individual policy may impose a shorter contractual notice deadline, and missing that notice can give the insurer a defense. Because the timing is fact-specific, contact a lawyer early after a crash on any Jefferson County road.

Can I stack UM/UIM coverage across multiple vehicles in Colorado?

Combining UM/UIM limits across multiple vehicles or policies is fact-specific, not automatic. A 2007 amendment to C.R.S. 10-4-609, effective January 1, 2008, removed the provision that had let insurers reduce UIM by what the at-fault carrier paid, and C.R.S. 10-4-609(1)(c) bars a setoff from other coverage. The same subsection also allows a single policy issued for a single premium covering multiple vehicles to be limited to applying once per accident. Whether combining applies to your Lakewood case depends on the declarations pages and the policy language.

I was hit by an uninsured driver while walking in Lakewood. Does UM coverage apply?

It can. UM/UIM coverage generally follows the insured person rather than the vehicle, so a policyholder or covered household member struck while walking or cycling may be able to claim under their own auto policy, depending on its terms. The City of Lakewood reports that West Colfax from Sheridan Boulevard to Wadsworth Boulevard has the highest number of vehicle versus pedestrian collisions in the city. Having the policy reviewed costs nothing.

Where would my Lakewood UM/UIM lawsuit be filed?

A UM/UIM suit arising from a Lakewood crash may be filed in the Jefferson County District Court, the 1st Judicial District, which sits at the Jefferson Combined Court, 100 Jefferson County Parkway, Golden, CO 80401. Lakewood has no county courthouse of its own. The defendant in a UM/UIM case is your own insurer rather than the other driver, and more than one county can be proper, so the filing county is a strategic decision. Some UM/UIM policies also require arbitration before a lawsuit can be filed.

How does Colorado's comparative fault rule affect my UM/UIM recovery?

Colorado follows a modified comparative negligence rule with a 50 percent bar (C.R.S. 13-21-111). If you are found less than 50 percent at fault, you can recover damages, but your award is reduced by your percentage of fault. If you are 50 percent or more at fault, you recover nothing. Adjusters can push your fault share higher, which reduces a UM/UIM payout. We build the liability record from the crash report, physical evidence, and witnesses to challenge any inflated fault allocation.

It's More Than Money.

The driver who hit you in Lakewood had no coverage. Your own policy still might.

Free consultation for Lakewood crash victims. No fee unless we win. Serving Jefferson County from Denver. Call (303) 209-9395.

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Prefer to read first? See how Colorado UM/UIM law works statewide.

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