Brighton UM/UIM Lawyers | CGH Injury Lawyers

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Every auto insurer in Colorado must offer UM/UIM coverage equal to your bodily injury liability limits, and a rejection only counts if the named insured made it in writing (C.R.S. 10-4-609). Many Brighton households never rejected anything, which means the coverage may be sitting in the policy right now.
UM pays when the at-fault driver had no insurance, fled the scene, or was never identified. UIM pays the difference when their limits run out before your losses do, and under C.R.S. 10-4-609(4), buying UM brings UIM with it automatically.
The catch is who you are claiming against. Your own insurer processes a UM/UIM claim with the same cost-control playbook it uses on strangers, just delivered in a friendlier voice. Knowing that before the first phone call can change what you say, what you sign, and how quickly the policy gets reviewed.
At CGH Injury Lawyers, we represent Brighton crash victims in UM and UIM claims against their own carriers, serving Adams County from our Denver office at 2701 Lawrence St., Suite 201. We pull every declarations page, confirm your coverage and any stacking, document the medical record, and prepare every case for trial or arbitration at the Adams County Justice Center, right in Brighton.

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

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 often try to inflate your fault share on a UM/UIM claim specifically to reduce the payout, so challenging that assessment is central to protecting your recovery.

High-Risk Corridors

US-85, I-76, and the E-470 interchange

US-85 runs straight through Brighton as a working freight corridor, mixing semi-trucks and oversized loads with local commuter traffic. Fatal crashes on the Brighton stretch, including near the E-470 interchange, have drawn Denver-area news coverage. I-76 along the city's southwest edge carries commuters, commercial freight, and long-haul trucking at speeds that turn a lane-change error into a multi-vehicle collision.

High-speed corridors produce exactly the crash types that trigger UM claims: uninsured drivers, drivers who flee, and drivers whose minimum-limits policies cannot begin to cover a serious injury. Speed also drives injury severity, and severity is what pushes a claim past a small liability limit and into UIM territory. Some commercial vehicles carry dashcams and businesses near the interchanges may hold camera footage, though retention is often short, so preservation requests go out early in our cases.

Trauma Care

Intermountain Health Platte Valley Hospital

Brighton's own hospital, Intermountain Health Platte Valley Hospital at 1600 Prairie Center Parkway, is a state-designated Level III Trauma Center with a 24/7 emergency department. The triage notes, imaging, and complaints recorded there establish the injury picture from day one, and they become the reference point that every later dispute circles back to.

The most severe injuries may be stabilized in Brighton and transferred to a Denver-area Level I center, and when that happens the records from both facilities matter. Medical records carry the weight of your claim at every stage from negotiation through trial, so we collect the complete chain before any demand goes out.

Courthouse

Adams County District Court (17th Judicial District)

Brighton is the county seat of Adams County, so the courthouse is not across the metro; it is in town. Personal injury cases arising in Adams County are filed in the Adams County District Court, the 17th Judicial District, located at the Adams County Justice Center, 1100 Judicial Center Drive, Brighton, CO 80601. The 17th Judicial District also serves Broomfield County.

UM/UIM claims that do not settle through arbitration or negotiation go to the same court system, with Colorado rules of civil procedure and local Adams County practices governing timelines and discovery. We handle cases filed in the 17th Judicial District, serving our Brighton clients from our Denver office.

Winter Hazards

Crosswinds, plains storms, and iced-over corridors

Brighton sits on the open plains east of the Front Range, where crosswinds work against high-profile trucks and trailers on US-85 and I-76. Winter storms move across that open ground with little to break them, and a fast corridor can ice over well before drivers adjust their speed.

Weather does not weaken a UM/UIM claim. Crashes caused by wind or ice still trigger UM/UIM coverage when the at-fault vehicle had no insurance or fled the scene, so a weather-related crash is not automatically a barrier to recovery.

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

More than one policy may mean more limits.

Since the 2007 amendment to C.R.S. 10-4-609 took effect, UIM generally sits on top of the at-fault driver's liability payment rather than being offset by it. Whether limits across multiple vehicles or policies can be combined depends on the policy language and how premiums were charged, so we pull every declarations page and endorsement to find available limits before any demand goes out.

Trial-Ready

ABOTA member. Adams 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. Insurers respond differently to demand letters from attorneys who are genuinely prepared to take a case to the Adams County District Court.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Brighton'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.

Get medical care immediately

If your injuries are serious, emergency transport will take you to Intermountain Health Platte Valley Hospital, the Level III Trauma Center serving Brighton, or on to a Denver-area Level I center. 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.
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 Brighton city limits, including the stretches of US-85 that run through town, the Brighton Police Department takes the report (C.R.S. 43-2-135(1)(g)). The Colorado State Patrol typically handles crashes on I-76 and on state highways in unincorporated Adams County.
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.
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 will frame the recorded statement as routine, but it can lock you into answers before your medical picture is complete.
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.
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.

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

Emergency care at Platte Valley 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.

"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.
"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 above 49 percent, which would eliminate or significantly reduce a UM/UIM payment. We build the liability record from the crash report, physical evidence, and witness accounts to challenge any inflated fault allocation.
"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.
"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.
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.

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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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, and under C.R.S. 10-4-609(4), buying UM automatically includes UIM. A crash on US-85 or I-76 with an uninsured driver in Brighton 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, so even if you believe you rejected this coverage, it is worth confirming before assuming no policy applies.

The driver who hit me on US-85 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 immediately to law enforcement and to your own insurer. Physical evidence, witnesses, and dashcam footage all strengthen the claim, and footage held by nearby businesses along US-85 or near the E-470 interchange can be overwritten on a short retention cycle. Do not wait to notify your insurer, because your policy may contain a notice deadline shorter than the statutory filing deadline.

How long do I have to file a UM/UIM claim after a Brighton 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, and your individual policy may impose a shorter contractual notice deadline. Missing that contractual notice can give the insurer a defense. Because the timing is fact-specific, contact a lawyer early after a crash on any Adams County road.

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

Stacking means combining UM/UIM limits across multiple vehicles or policies. Colorado law gives no blanket right to stack, and C.R.S. 10-4-609(1)(c) allows a single policy covering multiple vehicles for one premium to be limited to applying once per accident. Whether limits can be combined in your Brighton case depends on the policy language, how premiums were charged, and your household facts, which is why we pull every declarations page and endorsement before any demand is built. Separately, the 2007 amendment effective January 1, 2008 means UIM generally sits on top of the at-fault driver's liability payment instead of being reduced by it.

I was on my bike when an uninsured driver hit me. 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 cycling or walking may be able to claim under their own auto policy, depending on its terms. People hurt on foot or on a bike often assume they have no claim because no vehicle of their own was involved. It is a commonly overlooked source of recovery, and it costs nothing to have the policy reviewed.

Where would my Brighton UM/UIM lawsuit be filed?

Personal injury cases arising in Adams County are filed in the Adams County District Court, the 17th Judicial District, located at the Adams County Justice Center, 1100 Judicial Center Drive, Brighton, CO 80601. Some UM/UIM policies also require arbitration before a lawsuit can be filed. At CGH Injury Lawyers, we handle both tracks, representing Brighton clients in the 17th Judicial District from our Denver office at 2701 Lawrence St., Suite 201.

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 frequently try to inflate your fault share specifically to reduce a UM/UIM payout. We build the liability record from the crash report, physical evidence, and witnesses to challenge any inflated fault allocation made by your own insurer.

Brighton

Practice Area

Denver Money Pages

Firm

Brighton Uninsured Motorist Lawyers Who Make Your Own Insurer Pay What It Owes

Colorado UM/UIM law decoded for Brighton crash victims

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

The four triggers: when UM/UIM applies

The filing deadline and comparative fault

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

US-85, I-76, and the E-470 interchange

Intermountain Health Platte Valley Hospital

Adams County District Court (17th Judicial District)

Crosswinds, plains storms, and iced-over corridors

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

C.R.S. 10-4-609

When your insurer stalls, we have a remedy.

We decline cases we cannot stand behind.

More than one policy may mean more limits.

ABOTA member. Adams County is not a problem.

Hablamos espanol.

Contingency only.

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

Get medical care immediately

Call law enforcement

Document everything at the scene

Notify your own insurer promptly

Pull your declarations page

Call us before the adjuster calls again

What compensation can Brighton UM/UIM victims recover?

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

Non-economic damages

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

"The injuries are pre-existing"

"You were partly at fault"

"You validly rejected UM/UIM coverage"

"The other driver actually had insurance"

Delay as a strategy

Why filing against your own insurer is different

Brighton UM/UIM claims: frequently asked questions

Related pages

A Brighton crash should not leave you fighting your own insurer alone.