Colorado Car Accident Attorney - Uninsured Motorist Claims

Uninsured & Underinsured Motorist Accident Attorney

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Uninsured and Underinsured Motorist Attorney

If you’ve been injured in a car accident caused by an uninsured or underinsured driver in Aurora or anywhere in Colorado, one of the biggest questions is simple:

Who is actually going to pay for your injuries?

Even when the at-fault driver has little or no insurance, your own policy may include Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. In many cases, this is the only meaningful source of recovery, especially when minimum Colorado policies (often $25,000) are quickly exhausted by emergency care alone.

The problem is that once you make a UM/UIM claim, you are no longer dealing with an opposing driver—you are dealing directly with your own insurance company. And those companies often delay, undervalue, or deny valid claims. When that happens, it may rise to the level of insurance bad faith.

At The Lawrence Law Firm, we help clients navigate UM/UIM claims strategically—focusing on whether pursuing the claim will actually add value, not just generate fees.  We represent clients in Aurora, Denver, and throughout Arapahoe, Adams, Douglas, and Jefferson Counties.

What Is UM/UIM Insurance Coverage?

Uninsured Motorist (UM) coverage protects you when the driver who caused the accident has no insurance at all or cannot be identified, such as in a hit-and-run. Underinsured Motorist (UIM) coverage applies when the at-fault driver does have insurance, but the available policy limits are not enough to fully compensate you for your injuries.

This situation is more common than many people realize. In Colorado, drivers are only required to carry $25,000 per person in bodily injury liability coverage. In a serious motor vehicle accident, that amount can be exhausted almost immediately—sometimes by emergency treatment alone—leaving little or nothing available for ongoing care, lost income, or pain and suffering.

UM/UIM coverage is intended to fill that gap by allowing you to pursue compensation through your own policy. However, these claims are not always straightforward. Insurance companies often treat UM/UIM claims as adversarial, even though you are their policyholder.

Colorado law governing uninsured and underinsured motorist coverage can be found in the Colorado Revised Statutes, including C.R.S. § 10-4-609.

For a more detailed discussion of how UM/UIM coverage works in Colorado, see our guide to uninsured and underinsured motorist coverage.

How UM/UIM Claims Work in Colorado

UM/UIM claims often begin after the at-fault driver’s insurance situation becomes clear. In some cases, the driver may have no insurance at all. In others, the available coverage may be limited and quickly exhausted once medical treatment begins.

Typically, a claim follows this general path:

  • Initial investigation: Determining liability, identifying available insurance coverage, and evaluating injuries
  • At-fault coverage: If the other driver has insurance, a claim is first made against that policy
  • Exhaustion of limits: When the at-fault driver’s policy limits are not enough to cover your damages, UM/UIM coverage may apply
  • UM/UIM claim: A claim is then made through your own insurance policy for additional compensation

Although this may sound straightforward, UM/UIM claims are often handled differently than typical third-party injury claims. Once a claim is made under your own policy, your insurance company may evaluate the case as an adversarial claim—disputing the value of injuries, the necessity of treatment, or the extent of damages.

Understanding how these claims develop can make a significant difference in the outcome. For a broader overview of how injury cases move from investigation through resolution, see our personal injury process and timeline.

Medical Payments Coverage (MedPay)

Many Colorado drivers also carry Medical Payments Coverage (MedPay), which helps pay for medical expenses regardless of who was at fault. In Colorado, MedPay is typically offered in minimum amounts of $5,000, although higher limits are often available.

MedPay can be used immediately after an accident to cover expenses such as ambulance transport, emergency room care, and other initial treatment. This can be critical in the early stages of a claim, when medical bills begin to arrive before liability and insurance issues are resolved.

In many cases, MedPay helps prevent medical bills from going to collections while a personal injury or UM/UIM claim is pending. However, it is important to understand how MedPay interacts with other coverages, including potential reimbursement claims and how it may affect the overall value of your case.

When UM/UIM Coverage Becomes Critical

In many cases, the need for UM/UIM coverage becomes clear only after the extent of the injuries and available insurance are fully understood.

For example, a driver may carry only minimum liability coverage. After a crash, that policy may be quickly exhausted by emergency treatment and initial care. If injuries require surgery, ongoing treatment, or time away from work, the available coverage may fall far short of the total damages.

In other situations, a hit-and-run driver may never be identified, leaving no at-fault insurance available at all. In those cases, UM coverage may be the only source of recovery.

These situations are not uncommon. When available insurance is limited, the focus shifts to identifying all potential sources of compensation—including UM/UIM coverage—and evaluating whether pursuing those claims will meaningfully increase the overall recovery.

Types of Accidents That Commonly Involve UM/UIM Claims

Uninsured and underinsured motorist issues can arise in almost any serious injury case, but they are especially common in accidents involving significant damages or limited insurance coverage.

Many UM/UIM claims stem from car accidents, where the at-fault driver carries only minimum liability insurance. When injuries require ongoing treatment, those limits are often exhausted quickly.

These issues are also frequently seen in truck accident cases, where multiple insurance policies may be involved, and determining available coverage becomes more complex. In some situations, a commercial policy may exist, but disputes over liability or coverage can still leave injured individuals relying on their own UM/UIM benefits.

Similarly, motorcycle accidents often involve severe injuries, and even when liability is clear, the at-fault driver’s insurance may not be sufficient to cover the full extent of damages.

UM/UIM coverage can also apply in cases involving pedestrians, bicyclists, and hit-and-run accidents, where identifying the responsible party or accessing adequate insurance coverage may be difficult or impossible.

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Filing a UM/UIM Claim: Know Your Rights

Filing a UM or UIM claim involves more than submitting paperwork. Because you’re filing a claim against your own insurer, the process is contractual in nature and bound by your policy’s fine print. Insurance companies must follow specific procedures—but so must you.

You must:

  • Promptly notify your insurer of the accident and your intent to file a UM/UIM claim.
  • Cooperate with your insurance company’s investigation.
  • Avoid settling with the at-fault driver’s insurance without your own insurer’s permission, if required by your policy.

Failing to follow these steps could result in your claim being denied—not because it lacks merit, but due to technical violations of your policy.  The personal injury process is complicated, but a dedicated UM/UIM attorney can help.

Your Obligations Under a UM/UIM Policy

UM/UIM claims are different from claims against another driver because they are made under your own insurance policy. As a result, most policies require you to comply with certain conditions before benefits are paid.

In many cases, this includes:

  • Promptly notifying your insurance company of a potential UM/UIM claim
  • Cooperating with the insurer’s investigation
  • Providing medical records or other documentation when reasonably requested
  • Participating in statements or examinations, if required
  • Obtaining consent before settling with the at-fault driver’s insurance company

Failing to follow these requirements can create problems with your claim—even when your injuries are legitimate. For example, accepting a settlement from the at-fault driver without your insurer’s approval may limit or prevent you from recovering additional compensation under your UIM coverage.

At the same time, cooperation does not mean giving up your rights. Insurance companies are still required to handle UM/UIM claims fairly and in good faith.

How Insurance Companies Fight UM/UIM Claims

Although your insurance company has a fiduciary duty to treat you fairly, it is still a business—one that profits by minimizing payouts. Here are common tactics insurers use to undermine or deny your claim:

  • Delaying communication or “losing” documentation
  • Claiming injuries are pre-existing
  • Questioning the severity of your injuries
  • Disputing medical necessity of treatment
  • Offering lowball settlements far below the value of your claim
  • Blaming you for part or all of the accident
  • Denying coverage outright

If this sounds familiar, you may be facing an instance of insurance bad faith—which is grounds for legal action beyond your original injury claim.  Our uninsured motorist attorney can review the facts of your case and determine the best possible outcome.

What Is Insurance Bad Faith in Colorado?

Bad faith occurs when an insurance company unreasonably delays or denies benefits that are rightfully owed under a policy. In Colorado, bad faith insurance practices are illegal, and victims can file separate claims against the insurer.

You may be entitled to:

  • Triple the amount of unreasonably delayed or denied benefits (per Colorado Revised Statute § 10-3-1116)
  • Additional compensation for emotional distress or financial hardship
  • Attorney’s fees and court costs

A successful bad faith claim holds the insurer accountable for violating its duty of good faith and fair dealing—not just for denying your UM/UIM claim, but for how they did it.

When You Need a Colorado Uninsured Motorist Attorney

You should contact a bad faith or UM/UIM attorney if:

  • You were seriously injured in an accident caused by a driver with little or no insurance
  • Your insurer has refused to pay your UM/UIM benefits
  • You were offered a settlement far below your actual damages
  • Your insurance company is delaying payment or ignoring your claim
  • You feel intimidated, confused, or pressured by insurance adjusters

Attorney Lain Lawrence has handled complex UM/UIM and bad faith insurance claims throughout Aurora and the Denver Metro Area. He can evaluate your policy, estimate the true value of your claim, and take over negotiations or litigation as needed.

What a Colorado Uninsured Motorist Attorney Can Do for You

At The Lawrence Law Firm, we take the pressure off injured clients so they can focus on healing. Here’s how we help:

  • Review your insurance policies for UM, UIM, and MedPay coverage
  • File a detailed and compliant claim on your behalf
  • Negotiate with your insurer to maximize your compensation
  • Pursue bad faith litigation if your rights have been violated
  • Handle subrogation issues with health insurers or medical providers
  • Ensure you don’t unknowingly void your policy’s protections

Because we work on a contingency fee basis, you won’t owe anything unless our Colorado uninsured motorist attorney recovers compensation for you.

Why Your Insurance Coverage Matters More Than Ever

In many UM/UIM cases, your own insurance is the only path to compensation. Knowing what your policy includes—and how to use it—is critical. A qualified attorney will ensure:

  • All sources of compensation are pursued
  • Policy conditions are followed to avoid denial
  • Medical expenses are covered without delay
  • Your future care needs are factored into any settlement

Frequently Asked Questions about UM/UIM Claims

What is the difference between uninsured and underinsured motorist (UM/UIM) coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but the policy limits are not enough to fully cover your damages.

Can I make a UM/UIM claim if I was a passenger or pedestrian?

Yes. UM/UIM coverage often follows the person, not just the vehicle. This means you may be covered under your own policy—or in some cases, a household member’s policy—even if you were not driving at the time of the accident.

What happens if I settle with the at-fault driver before contacting my insurance company?

Settling too early can jeopardize your ability to pursue a UIM claim. Insurance policies typically require notice and consent before accepting a settlement. Failing to follow these steps can limit or even bar additional recovery.

Can I sue my own insurance company for a UM/UIM claim?

Yes. UM/UIM claims are often handled as adversarial claims, meaning you may need to pursue legal action if your insurer refuses to fairly evaluate your case. In some situations, this can also involve a separate claim for insurance bad faith.

Serving Clients Across Aurora and the Denver Metro Area

The Lawrence Law Firm represents individuals pursuing UM/UIM claims throughout Aurora, Denver, and the surrounding communities. These cases often involve complex insurance issues, and local experience can make a difference in how claims are evaluated and resolved.

We regularly handle uninsured and underinsured motorist claims in:

If you have questions about your coverage or your rights after an accident, speaking with an attorney familiar with Colorado insurance law can help you understand your options and avoid costly mistakes.

Speak with an Aurora UM/UIM Attorney Today

If you’re battling an insurance company after an accident with an uninsured or underinsured driver, don’t go it alone. Let Attorney Lain Lawrence and The Lawrence Law Firm fight for the full value of your case.

We offer free consultations and serve clients throughout Aurora, Arapahoe County, Adams County, Douglas County, and the greater Denver area. You have nothing to lose—and possibly everything to gain.

Speak With an UM/UIM Attorney Today

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Contact Information

Address

2821 S. Parker Rd. Suite 865
Aurora, CO 80014

Contact

lain@coloradodefenders.com
Ph: 720-369-4929

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