What to Do if an At-Fault Driver Is Underinsured or Uninsured in Denver

Car crashes are stressful enough. When the driver who caused the crash doesn’t have enough insurance—or no insurance at all—the situation can feel overwhelming. Unfortunately, underinsured and uninsured drivers are a reality on Denver’s roads. Knowing your options ahead of time can help you protect your rights and financial well-being.

Start With Your Own Insurance Policy

Colorado law requires drivers to carry minimum liability insurance of $25,000 of bodily injury per person and $50,000 bodily injury per accident, and many drivers purchase only the bare minimum or let their policies lapse.

Because of this, Colorado also requires auto insurers to offer uninsured/underinsured motorist (UM/UIM) coverage. This optional coverage can pay for medical bills, lost wages, and other damages when the at-fault driver’s policy is insufficient or nonexistent.

Check your policy to see if you purchased UM/UIM coverage and understand the limits. If you did, contact your insurance company promptly to start the claims process. Your insurer will investigate the crash and may compensate you up to the limits of your policy.

Gather Evidence at the Scene

Even when the other driver lacks insurance, you still need to document the crash carefully. Call 911 to report the crash and request a police officer to create a traffic accident report. Exchange information with the other driver, including their name, contact details, and driver’s license number. Take photos of the vehicles, the road, and any visible injuries. If there are witnesses, collect their names and phone numbers. This documentation will strengthen your claim with your insurance company and any potential lawsuit.

Explore All Possible Sources of Compensation

UM/UIM coverage is the primary source of recovery in these situations, but it may not be the only one. Depending on the facts of your case, you may be able to:

• File a lawsuit against the at-fault driver. If the driver has personal assets, a civil lawsuit may allow you to collect damages. However, many uninsured drivers have limited resources, so recovery can be difficult.
• Identify other responsible parties. For example, if a defective vehicle part contributed to the crash, the manufacturer may share liability.
• Use Medical Payments (MedPay) coverage. Colorado policies include a small amount of MedPay by default, which can help with immediate medical expenses regardless of fault.

Avoid Common Pitfalls

Insurance companies—even your own—are focused on limiting payouts. Be cautious when speaking with adjusters and avoid giving recorded statements before you understand your rights. Never accept a quick settlement without understanding the full extent of your injuries and damages. Past and future medical costs, past and future lost wages, long-term pain and stress, any physical impairments should be included in the value of your claim.

Contact an Experienced Attorney

Navigating an uninsured or underinsured motorist claim can be complex. An experienced Denver personal injury lawyer can evaluate your insurance policies, negotiate with adjusters, and pursue additional sources of compensation. At Keating Wagner, our team has over 50 years of experience helping Colorado crash victims secure the compensation they deserve, even when the at-fault driver is uninsured.

If you’ve been injured by an underinsured or uninsured driver, don’t wait. Contact Keating Wagner today for a free consultation and learn how we can help protect your rights and your recovery.