Windsor UM/UIM Lawyers | CGH Injury Lawyers

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Colorado requires every auto insurer writing policies 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). If no rejection meeting that standard exists, the coverage may still be in the policy you pay for every month.
UM coverage answers when the at-fault driver carried nothing, fled, or was a phantom vehicle that never made contact. UIM answers when the other driver had a policy whose limit stopped short of your losses. Under C.R.S. 10-4-609(4), buying UM brings UIM with it automatically.
The hard part is the name on the other side of the file. The company collecting your premiums has a direct financial reason to value your injuries low, and the tactics usually aimed at strangers get aimed at you.
At CGH Injury Lawyers, we represent Windsor crash victims in UM and UIM claims against their own carriers, working Larimer and Weld County files from our Denver office at 2701 Lawrence St., Suite 201. We pull every declarations page, confirm what coverage exists, gather the medical record from every facility that treated you, and prepare every case for trial or arbitration in the 8th or 19th Judicial District.

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 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.

High-Risk Corridors

Interstate 25, State Highway 392, and the county road grid

Interstate 25 meets Windsor at Exit 262, where State Highway 392 crosses the interstate and carries traffic west into town as Main Street. Highway speeds narrowing into a signalized small-town corridor is a recurring pattern behind serious crashes at that interchange.

Inside town, Highway 392 runs a brief concurrency with State Highway 257, known locally as Seventh Street, and continues past Windsor Lake before meeting Weld County Road 17, also on Seventh Street, heading south toward Greeley, and Weld County Road 19, known as Hollister Lake Road, heading north. Windsor's own transportation master plan projects that more than half of the town's major roadway system will exceed comfortable operating capacity by 2040 as growth continues, and the town has already rebuilt the 11th Street approach to the Main Street intersection with new turn lanes and pedestrian signals to answer it.

Trauma Care

UCHealth Greeley Hospital, and a Level I option in Loveland

UCHealth Greeley Hospital, at 6767 W. 29th St. in Greeley, is the closer emergency option for Windsor's Weld County side and carries a state-designated Level III Trauma Center designation. In Colorado the state health department designates trauma levels, which is a separate process from the verification the American College of Surgeons performs.

The most severe injuries may be transferred to UCHealth Medical Center of the Rockies in Loveland, at 2500 Rocky Mountain Avenue, a Level I Trauma Center that is both state-designated and American College of Surgeons reverified, and was northern Colorado's first facility at that tier. Records from both facilities carry the weight of your claim from the first demand through trial, so we collect the complete chain before any demand goes out.

A Town in Two Counties

Windsor's limits cross the Larimer and Weld line

Windsor is not a one-county town. Roughly two-thirds of Windsor sits in Weld County, with the remaining share in Larimer County to the north and west, and the boundary runs through the middle of the community rather than around its edge.

Judicial districts follow county lines. The Colorado Judicial Branch places Larimer County in the 8th Judicial District and Weld County in the 19th Judicial District. So we confirm which county a crash address actually sits in, because the answer decides which clerk holds the record and which courthouse a filed case would go to.

Courthouse

Larimer County Justice Center (8th JD) and Weld County Courthouse (19th JD)

Personal injury cases arising in Larimer County may be filed in the Larimer County Justice Center, the 8th Judicial District, at 201 LaPorte Ave, Suite 100, Fort Collins, CO 80521. Cases arising in Weld County may be filed in the Weld County Courthouse, the 19th Judicial District, at 901 9th Ave, Greeley, CO 80631.

A UM/UIM claim that does not resolve through negotiation or arbitration can end up in one of those buildings, with your own insurer as the named defendant rather than the driver who hit you. Colorado's venue rule allows more than one proper county, so the filing county is a decision rather than a default. We handle cases filed in the 8th and 19th Judicial Districts, serving our Windsor clients from our Denver office.

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. Larimer and Weld Counties are 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 either county's district court.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Windsor'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 may take you to UCHealth Greeley Hospital, the closer Level III facility, or on to UCHealth Medical Center of the Rockies in Loveland, the regional 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 Windsor's town limits, the Windsor Police Department normally takes that report.

On Interstate 25, the Colorado State Patrol handles it. Because Windsor's limits cross a county line, write down exactly where the crash happened and ask for the report number before you leave.
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 may 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 UCHealth Greeley Hospital or Medical Center of the Rockies, 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 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.
"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's 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 Interstate 25 or Main Street with an uninsured driver in Windsor triggers your own 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. Read the form itself rather than relying on memory. If you are not sure what your Windsor policy says, confirm it before assuming no coverage applies.

The driver who hit me on Main Street 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, named witnesses, and dashcam footage from other vehicles all strengthen the claim, and businesses and private security systems along Main Street or near the Interstate 25 interchange may have footage, though retention is often short. 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 Windsor 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 impose a shorter contractual notice deadline, and missing it can give the insurer a defense. Because the timing is fact-specific, contact a lawyer early after a crash anywhere in Larimer or Weld County. An early review costs nothing and protects evidence that is still there.

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 Windsor case depends on the declarations pages and the policy language.

I was walking near Windsor Lake 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 walking or cycling may be able to claim under their own auto policy, depending on its terms. Someone hurt on foot near a park may assume there is no claim because no car of theirs was involved. That assumption can cost real money. Bring the declarations page to the free review.

Windsor sits in two counties. Where would my UM/UIM lawsuit be filed?

Personal injury cases arising in Larimer County may be filed in the Larimer County Justice Center, the 8th Judicial District, at 201 LaPorte Ave, Suite 100, Fort Collins, CO 80521. Cases arising in Weld County may be filed in the Weld County Courthouse, the 19th Judicial District, at 901 9th Ave, Greeley, CO 80631. Because the defendant is your own insurer, more than one county can be proper. Some policies also require arbitration first.

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.

Windsor

Practice Area

Denver Money Pages

Firm

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

Colorado UM/UIM law decoded for Windsor 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 Windsor UM/UIM crashes happen, and where your case goes

Interstate 25, State Highway 392, and the county road grid

UCHealth Greeley Hospital, and a Level I option in Loveland

Windsor's limits cross the Larimer and Weld line

Larimer County Justice Center (8th JD) and Weld County Courthouse (19th JD)

Why Windsor 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.

Multiple vehicles may mean multiple limits.

ABOTA member. Larimer and Weld Counties are not a problem.

Hablamos espanol.

Contingency only.

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

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 Windsor UM/UIM victims recover?

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

Non-economic damages

Defenses Windsor 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

Windsor UM/UIM claims: frequently asked questions

Related pages

The driver who hit you in Windsor had nothing to pay with. Your own policy is where the recovery starts.