IT'S MORE THAN MONEY.
Colorado Uninsured Motorist Accident Lawyers
When the driver who hit you had no insurance, fled the scene, or carried a limit too low to cover your injuries, the recovery often has to come from your own policy. We handle uninsured and underinsured motorist claims across every Colorado county. You pay nothing unless we win your case.
No fee unless we winUninsured and underinsured motorist (UM/UIM) coverage is the part of your own auto policy that pays for your injuries when the at-fault driver had no insurance, fled the scene, was a phantom vehicle, or carried a limit too low to cover your damages. The hard part is rarely the law. It is that this claim is filed against your own insurance company, and once you submit a demand, every dollar paid comes off its bottom line.
- 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).
- UM pays when the at-fault driver had no insurance, was a hit-and-run, or was a phantom vehicle. UIM pays the gap when their limit was lower than your damages. Under C.R.S. 10-4-609(4), uninsured motorist coverage automatically includes underinsured motorist coverage.
- Because you are now negotiating against your own carrier, the same playbook used on third-party claims, delay, low first offers, and recorded-statement traps, gets pointed at you. Knowing that going in is half the battle.
CGH Injury Lawyers represents injured drivers and their families across every county in Colorado. We pull every declarations page, confirm your coverage and any stacking, document the medical record, and prepare every case for trial or arbitration. No upfront fees, and a free first consultation. Call (303) 209-9395 to ask for a UM/UIM claim review.
The coverage explained
What uninsured and underinsured motorist coverage actually does
UM and UIM come bundled in Colorado, but they trigger at different moments. Knowing which one applies to your crash is the first step to getting paid what your injuries are worth.
UM: when the other driver had nothing
- UM applies when the at-fault driver had no liability insurance at all.
- It also applies to a hit-and-run driver who fled before you got a plate.
- It can reach a phantom vehicle, a driver who runs you off the road without contact and disappears, though those cases usually need corroborating evidence.
- Without UM coverage, suing an uninsured driver directly is often impractical when they have no assets to collect from.
UIM: when their limit ran out
- UIM applies when the at-fault driver had insurance, but their policy limit was lower than your documented damages.
- Their insurer pays its available limit, and your UIM coverage pays the remaining covered loss up to your UIM limit.
- Colorado minimum liability limits can fall far short of a serious-injury loss, which is exactly when UIM becomes the case.
- Under C.R.S. 10-4-609(4), buying UM automatically gives you UIM, so most policyholders have both even if they never asked for it by name.
Here is the short version. UM pays when the at-fault driver had no insurance, fled, or was a phantom vehicle. UIM pays the gap when the at-fault driver's limit was too low. Both come from your own auto policy, and both must be offered to you under Colorado law (C.R.S. 10-4-609). If you were hit by an uninsured, underinsured, hit-and-run, or phantom-vehicle driver anywhere in Colorado, pull your declarations page and ask us to map the coverage.
When it applies
Four situations where UM/UIM coverage becomes your claim
Most Colorado drivers do not realize how often their own UM/UIM coverage ends up carrying the case. These four triggers cover the situations we see most.
1. The at-fault driver has no insurance
- If the person who hit you carried no liability coverage, your UM coverage is often the only practical path to recovery.
- Do not take the other driver's word at the scene. Drivers carry expired cards, misunderstand their own policies, or drive cars insured by someone else.
2. Hit-and-run
- If the driver fled before you got the plate, Colorado treats them as uninsured for your UM claim.
- Report the crash promptly to law enforcement and your insurer. Witnesses, dashcam footage, and physical evidence strengthen the claim.
3. Underinsured driver
- A frequent scenario: the at-fault driver carried a low limit, but your documented losses exceed it.
- Their insurer pays its limit, and your UIM claim addresses the remaining policy-covered loss.
4. Phantom vehicle
- A driver swerves into your lane, you crash without contact, and they drive off.
- Colorado allows UM recovery in some phantom-vehicle cases, but you typically need corroborating evidence such as a witness or video.
Not sure whether your situation triggers UM/UIM? A short call usually answers it. The other driver having no insurance does not end the analysis. Your own policy, a household policy, an employer policy, a rideshare policy, or coverage connected to the vehicle owner may all still matter, and that is exactly what a coverage review is for.
Why your own insurer fights you
Why UM/UIM claims get treated like enemy claims
This is the part that catches people off guard. You pay your premiums every month, then your own carrier negotiates against you. Knowing the tactics is how you avoid them.
The tactics we see clients hit with
- Recorded statements requested as a "quick call to get the file moving," used to lock you into preliminary answers before your medical picture is complete.
- Blanket medical authorizations that reach back many years, then arguments that your injuries are pre-existing.
- Low first offers framed as the insurer's "best evaluation," sent before the claim file is fully developed.
- Delay: slow document requests, file reassignments, and silence after a demand is submitted.
When delay or denial becomes bad faith
- When an insurer unreasonably delays or denies a claim it knows or should know is valid, Colorado gives you a separate statutory cause of action.
- The statutory bad-faith remedy is found in C.R.S. 10-3-1115 and 10-3-1116.
- When we add a documented bad-faith claim, the negotiation dynamic often shifts immediately.
- That is why every lowball offer gets a written response from us that documents the insurer's conduct for the file.
The single most useful thing to understand is this: in a UM/UIM claim, your auto insurer is not your friend in the transaction. You may have cooperation duties under your policy, but that does not mean you should guess, minimize your symptoms, or accept a fault label in a rushed recorded statement. The threat of a bad-faith claim is one of the few things that reliably moves a carrier off a low number.
How we handle your case
How we build a Colorado UM/UIM claim
We represent injured drivers and the families of those killed by uninsured and underinsured motorists. The work starts with the policy and ends, when it has to, in front of a jury or an arbitrator.
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Policy review
We pull every declarations page, endorsement, and rejection form, identify your UM/UIM coverage, confirm any stacking, and flag contractual deadlines that may be shorter than the statute.
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Investigation
We confirm the at-fault driver's uninsured or underinsured status, secure the police report, gather video, and lock down witness statements before they disappear.
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Medical development
We work with your treating providers to document injuries, future care, and prognosis before any demand goes out, so the claim is built on the full record.
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Demand package
A written demand with liability analysis, medical records and bills, lost-wage documentation, expert opinions where needed, and a full damages calculation.
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Negotiate, with bad faith on the table
We negotiate toward a fair settlement. When conduct crosses into unreasonable delay or denial, we add a statutory bad-faith claim under C.R.S. 10-3-1115 and 10-3-1116.
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Litigation or arbitration
If the case does not settle, we file suit or invoke the policy's arbitration clause, and our trial lawyers present your case to a Colorado jury when that is what it takes.
We do not throw out a settlement number on a first phone call. Every case turns on the medical record, the policy limits, any stacking, and the facts. What we can do on that first call is map the coverage, flag the deadlines, and tell you the next concrete step. Past results never guarantee or predict a future outcome.
The rules that decide your recovery
Stacking, deadlines, and fault in a Colorado UM/UIM claim
Three legal rules quietly shape what you can recover: whether you can stack coverage, how long you have to file, and how Colorado divides fault. Each one is worth understanding before you talk to the adjuster.
Stacking coverage
- Stacking lets you combine UM/UIM limits across multiple vehicles or policies.
- Colorado allowed stacking again through a 2007 amendment to C.R.S. 10-4-609 that took effect January 1, 2008. After that change, insurers can no longer prohibit stacking by policy language when separate premiums are charged.
- Stacking analysis is policy-specific. We pull every declarations page and endorsement first, because the final amount depends on the policy language and household facts.
The filing deadline
- 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 deadlines turn on the procedural history of the underlying claim, which is why an early review matters.
- Your policy may also impose a contractual notice deadline shorter than the statute. Missing that notice can give the insurer a defense, so calendar it early.
Colorado's modified comparative negligence rule
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 often try to inflate your share of fault to shrink the payout, even on a UM/UIM claim, so an attorney who can challenge that assessment frequently makes the difference between a fair recovery and a denied claim. Economic damages such as medical bills and lost wages are never capped in Colorado, and compensation for physical impairment or disfigurement is also not subject to the non-economic cap.
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Your team
The team handling your claim
CGH Injury Lawyers is a Colorado personal injury firm founded in 2016, formerly Cheney Galluzzi & Howard, LLC. 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. Every UM/UIM case is handled by a licensed Colorado attorney, not a paralegal.
Related injury cases
Other Colorado injury cases we handle
Uninsured and underinsured driver claims often overlap with other serious injury cases. If your situation is broader than a single coverage dispute, these practice areas connect to it.
Frequently asked questions
Frequently asked questions about Colorado UM/UIM claims
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 limit was lower than your damages. Both come from your own auto policy, and under C.R.S. 10-4-609(4), buying UM automatically includes UIM.
Does Colorado require uninsured motorist 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. Any rejection must be in writing and signed by the named insured to be valid. Meaningful limits matter because low liability policies may not cover serious-injury losses.
What if the at-fault driver fled the scene?
Hit-and-run triggers your UM coverage in Colorado, because the law treats an unidentified fleeing driver as uninsured. Report the crash promptly to law enforcement and your insurer. Witnesses, dashcam footage, or physical evidence strengthen the claim, so save plate photos, vehicle descriptions, and nearby camera locations.
Can I sue my own insurance company over a UM/UIM claim?
Yes. If your insurer denies a valid UM/UIM claim or refuses a fair settlement after your demand, you can file suit directly or invoke the policy's arbitration clause. Unreasonable delay or denial supports a separate statutory bad-faith claim under C.R.S. 10-3-1115 and 10-3-1116.
What if I rejected UM coverage in writing?
If you validly rejected UM/UIM, it will not pay your claim. But the rejection must be in writing and signed by the named insured to be valid (C.R.S. 10-4-609). Improperly executed rejections have been overturned in Colorado courts, so a rejection on file is worth a careful second look before you assume there is no coverage.
How does stacking work for UM/UIM coverage in Colorado?
Stacking lets you combine UM/UIM limits across multiple vehicles or policies. Colorado allowed stacking again 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 case depends on the policy language and household facts, which is why we pull every declarations page first.
How long do I have to file a UM/UIM claim in Colorado?
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 policy may also impose a shorter contractual notice deadline. Because the timing is fact-specific, talk to a lawyer early so every deadline can be mapped to your case.
How does Colorado comparative negligence affect a 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 often try to inflate your share of fault even on a UM/UIM claim, so challenging that assessment is central to protecting your recovery.
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IT'S MORE THAN MONEY.
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