Denver Uninsured Motorist Lawyers Who Fight Your Own Insurer to Get You Paid

Uninsured motorist (UM) coverage pays when the at-fault driver had no insurance, fled the scene of a Denver hit-and-run, or was a phantom vehicle. Underinsured motorist (UIM) coverage pays the gap when the at-fault driver had insurance but their limit was lower than your documented damages, such as when a driver with state-minimum limits causes a crash that sends you to Denver Health Medical Center with serious injuries. Both come from your own auto policy, and under C.R.S. 10-4-609(4), buying UM automatically includes UIM.

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. Any rejection must be in writing and signed by the named insured to be valid. An improperly executed rejection can be overturned, so even if you think you rejected coverage, a careful second look at the paperwork before you close the file is worthwhile.

Yes. A hit-and-run triggers your UM coverage in Colorado, because the law treats an unidentified fleeing driver as uninsured. Report the crash promptly to Denver Police and to your insurer. Dashcam footage, Denver traffic camera footage along I-25, I-70, or Colfax Ave, and witness statements all strengthen the claim, so preserve any available evidence as quickly as possible after the 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 policy may also impose a contractual notice deadline shorter than the statute of limitations, and missing that notice can give the insurer a defense. Because the timing is fact-specific to your Denver crash and your policy, talking to an attorney early is the safest approach.

Yes. If your insurer denies a valid UM/UIM claim or refuses a fair settlement, you can file suit directly in Denver District Court or invoke the policy's arbitration clause. If the insurer's delay or denial was unreasonable, Colorado also gives you a separate statutory bad-faith cause of action under C.R.S. 10-3-1115 and 10-3-1116. Adding a documented bad-faith claim often shifts the negotiation dynamic quickly.

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. Insurance adjusters frequently try to inflate your share of fault, even on UM/UIM claims, to reduce what they pay. Having an attorney who can challenge that assessment on the record matters from the first contact with the adjuster.

Stacking lets you combine UM/UIM limits across multiple vehicles or policies to reach a higher total coverage amount. Colorado restored stacking through a 2007 amendment to C.R.S. 10-4-609 that took effect January 1, 2008, so insurers can no longer prohibit it by policy language when separate premiums are charged. Whether stacking applies to your specific situation depends on your policy language and household facts, which is why we pull every declarations page as the first step in a Denver UM/UIM review.

If the case cannot be resolved through negotiation and the policy does not require arbitration, a UM/UIM lawsuit arising from a Denver crash is filed in Denver District Court, the 2nd Judicial District, with civil matters heard at 1437 Bannock St. (City and County Building). Most policies do contain an arbitration clause, which offers a different path to resolution. We evaluate the policy's dispute-resolution mechanism early in every Denver case and advise you on which path is more likely to produce a fair result.