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Colorado Springs uninsured motorist accident lawyer. CGH Injury Lawyers serves El Paso County from Denver.
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Colorado Springs Uninsured Motorist Accident Lawyers Who Fight Your Own Insurer

When the driver who hit you on I-25, Powers Boulevard, or US-24 had no insurance, fled the scene, or carried limits too low to cover your injuries, the claim usually has to come from your own auto policy. We represent Colorado Springs crash victims in UM and UIM claims against their own carriers. Serving El Paso County from our Denver office. No fee unless we win.

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Serving Colorado Springs 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 law requires every auto insurer in the state to offer UM/UIM coverage equal to your bodily injury liability limits, and any rejection must be in writing and signed by the named insured (C.R.S. 10-4-609). If you never signed a valid rejection form, you likely have this coverage now.
  • UM coverage pays when the at-fault driver had no insurance, fled the scene, or was a phantom vehicle. UIM pays the gap when the other driver had a limit too low to cover your losses. Under C.R.S. 10-4-609(4), buying UM automatically gives you UIM.
  • Because you are filing against your own insurer, the same tactics used on third-party claimants get pointed at you: slow responses, low first offers, and recorded-statement traps. Knowing that going in changes how the claim plays out.

CGH Injury Lawyers represents Colorado Springs crash victims in UM and UIM claims against their own carriers, serving El Paso 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 El Paso County District Court. Free first consultation. No fee unless we win. Call (303) 209-9395.

The law that governs your claim

Colorado UM/UIM law decoded for Colorado Springs 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 El Paso 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, signed 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.
  • Colorado allowed stacking again through a 2007 amendment to C.R.S. 10-4-609, effective January 1, 2008. After that change, insurers can no longer prohibit stacking by policy language when separate premiums are charged. Whether stacking applies turns on your specific declarations pages and household facts.
  • An improperly executed rejection form is potentially void, 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. Economic damages such as medical bills and lost wages are never capped in Colorado, and compensation for physical impairment or disfigurement is not subject to the non-economic cap.

Colorado Springs roads, courts, and trauma care

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

Uninsured and underinsured motorist claims in El Paso County are shaped by local roads, local courts, and local trauma centers. Here is the ground your case lives on.

High-Risk Corridors

I-25, Powers Boulevard (CO-21), and US-24

The I-25 South Academy to Fountain corridor, a 7.5-mile segment, recorded 18 fatalities over five years per CDOT. Head-on collisions and median crossovers are the documented failure modes on this stretch. Powers Boulevard (CO-21) runs through the Airport Road interchange area with heavy civilian and military traffic. The US-24 Garrett Road to Woodmen Road corridor is a high-priority CDOT safety project, with lane additions planned for 2027. South Academy Boulevard (CO-16) and Colorado Highway 94 carry significant military vehicle and heavy truck traffic between Fort Carson, Peterson Space Force Base, and Schriever Space Force Base, mixing with civilian traffic in ways that create crash exposure most drivers underestimate.

Trauma Care

UCHealth Memorial Hospital Central and Penrose Hospital

UCHealth Memorial Hospital Central is Colorado's first Level I Trauma Center in the southern region, designated by the Colorado Department of Public Health and Environment and redesignated April 23, 2019. Level I centers provide the highest level of surgical trauma care, and the records they generate document the full scope of crash injuries that become the foundation of a damages claim. Penrose Hospital (CommonSpirit Health) is a state-designated Level II Trauma Center, covering serious injuries that do not require Level I resources. Both are within the Colorado Springs metro. Medical records from these facilities carry the weight of your claim at every stage from negotiation through trial.

Courthouse

El Paso County District Court (4th Judicial District)

Personal injury cases arising in El Paso County are filed in the El Paso County District Court, the 4th Judicial District, located at 270 S Tejon St, Colorado Springs, CO 80903. 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 El Paso County practices governing timelines and discovery. We handle cases filed in the 4th Judicial District, serving our Colorado Springs clients from our Denver office.

Winter Hazards

Black ice, mountain corridors, and Front Range storms

Colorado Springs sits at the foot of the Front Range, and winter conditions create genuine crash exposure on city roads and mountain approaches alike. The US-24 Ute Pass corridor toward Pikes Peak carries heavy tourist traffic and steep grades that amplify the danger of snow and ice. Black ice on I-25 and the interchange areas near the military installations can develop without visible warning. Crashes caused by weather conditions 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.

Why CGH

Why Colorado Springs victims choose CGH Injury Lawyers for UM/UIM claims

We serve Colorado Springs 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 El Paso 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 will never 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.

Colorado's 2007 amendment to C.R.S. 10-4-609 restored stacking rights when separate premiums are charged. We pull every declarations page and every endorsement to find available limits before any demand goes out.

Trial-Ready

ABOTA member. El Paso County is not a problem.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and Treasurer of the Colorado Trial Lawyers Association. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Insurers respond differently to demand letters from attorneys who are genuinely prepared to take a case to the El Paso County District Court.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Colorado Springs' 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 Colorado Springs

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 will take you to UCHealth Memorial Hospital Central, the Level I Trauma Center in Colorado Springs, or Penrose Hospital (Level II). 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. For crashes on I-25, Powers Boulevard, or US-24 in the Colorado Springs metro, Colorado State Patrol typically responds. On city streets, Colorado Springs Police Department 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. On high-traffic corridors like I-25 near Fort Carson or CO-94, there may be CDOT cameras. Identify anything that can corroborate what happened before you leave the scene.

  4. Notify your own insurer promptly

    Your UM/UIM policy almost certainly contains a contractual notice requirement that may be 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.

  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 Colorado Springs 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 (never capped in Colorado)

  • Emergency care at UCHealth Memorial or Penrose, 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 damages are not subject to the non-economic cap at all (C.R.S. 13-21-102.5(5))

For claims accruing 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 in 2028. Lower, inflation-adjusted caps apply to claims accruing before that date. Economic damages including medical bills, future care, and lost wages are never capped. Compensation for physical impairment or disfigurement is also not capped (C.R.S. 13-21-102.5(5)), which matters enormously 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 Colorado Springs 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 standard insurer move, 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 routinely try to push your fault share above 49 percent to 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.

  3. "You validly rejected UM/UIM coverage"

    A rejection must be in writing and signed by the named insured to be valid under C.R.S. 10-4-609. Improperly executed rejections have been overturned in Colorado courts. 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.

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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. But cooperation does not mean giving a rushed recorded statement before your medical picture is complete, or accepting 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. The threat of a bad-faith claim 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 many policies require before a lawsuit can be filed. We know both tracks and use the one that produces the best outcome for your case.
Questions

Colorado Springs 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, and under C.R.S. 10-4-609(4), buying UM automatically includes UIM. A crash on I-25 or Powers Boulevard with an uninsured driver in Colorado Springs 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 and signed by the named insured to be valid. Improperly executed rejections have been overturned, so even if you believe you rejected this coverage, it is worth confirming before assuming no policy applies.

The driver who hit me on I-25 near Fort Carson 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. The I-25 corridor near Fort Carson and South Academy Boulevard is a documented high-collision area, so there may be traffic camera footage or military base surveillance that can corroborate the crash. Do not wait to notify your insurer, because your policy almost certainly contains a notice deadline shorter than the statutory filing deadline.

How long do I have to file a UM/UIM claim after a Colorado Springs 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 El Paso County road.

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

Stacking lets you combine UM/UIM limits across multiple vehicles or policies. Colorado restored stacking rights through a 2007 amendment to C.R.S. 10-4-609, effective January 1, 2008. After that change, insurers can no longer prohibit stacking by policy language when separate premiums are charged. Whether stacking applies to your Colorado Springs case depends on the specific policy language and household facts, which is why we pull every declarations page before any demand is built.

My insurer gave me a low first offer on my UM/UIM claim. What can I do?

A low first offer does not end the claim. 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. Every written response we send documents the insurer's conduct for the file. We negotiate toward a fair settlement, and when conduct crosses into unreasonable delay or denial, that documented record supports a bad-faith claim that often shifts the negotiation. Do not accept a lowball offer or sign a release without legal review.

Where would my Colorado Springs UM/UIM lawsuit be filed?

Personal injury cases arising in El Paso County are filed in the El Paso County District Court, the 4th Judicial District, located at 270 S Tejon St, Colorado Springs, CO 80903. Many UM/UIM policies also require arbitration before a lawsuit can be filed. CGH Injury Lawyers handles both tracks, representing Colorado Springs clients in the 4th 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.

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CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205 · Serving Colorado Springs from Denver