Key facts
- Uninsured/underinsured motorist coverage
- On your policy unless you rejected it in writingColorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, and your policy includes it unless you turned it down in writing.C.R.S. § 10-4-609
- Minimum auto insurance in Colorado
- $25,000 / $50,000 / $15,000Colorado drivers must carry at least $25,000 per person and $50,000 per crash for bodily injury, and $15,000 for property damage. Many injuries cost far more, which is why your own uninsured/underinsured motorist coverage matters.C.R.S. § 10-4-620
- Deadline to sue (vehicle crash)
- 3 yearsIn Colorado you generally have 3 years from the date of a car, truck or motorcycle crash to file an injury lawsuit.C.R.S. § 13-80-101(1)(n)
Is an uninsured driver automatically at fault?
No. Fault is about what each driver did, such as running a light, speeding or following too closely. Having no insurance is a separate problem. An uninsured driver who was not to blame is not at fault, and an insured driver who caused a crash is.
What should you do if the other driver has no insurance?
Do the same things you would after any crash, and tell your own insurer.
- Call the police and make sure a report is filed.
- Photograph the vehicles, the scene and your injuries.
- Get the other driver’s name, address, plate and any insurance details they give.
- Get witness names.
- Tell your own insurer about the crash and that the other driver may be uninsured.
Can your own insurance help?
Probably, through uninsured motorist coverage. Colorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, and your policy includes it unless you turned it down in writing. (C.R.S. § 10-4-609) It can help with medical bills, lost pay and pain and suffering that the other driver’s insurance would normally pay. Report the claim to your insurer promptly. Your policy has its own steps and deadlines.
What are the required insurance limits?
Colorado drivers must carry at least $25,000 per person and $50,000 per crash for bodily injury, and $15,000 for property damage. Many injuries cost far more, which is why your own uninsured/underinsured motorist coverage matters. (C.R.S. § 10-4-620)
That is why underinsured coverage matters. A driver can be insured and still carry too little to cover your injuries.
Can you sue an uninsured driver?
Yes, but collecting can be hard. You can file a lawsuit against the driver. If the driver has no income or assets, a judgment may be worth little. For a car crash, you usually have 3 years to file (C.R.S. § 13-80-101(1)(n)). A lawyer can look at whether the driver has anything to collect from and whether your own coverage is the better route.
Does the uninsured driver’s penalty help you?
Not directly. Colorado requires drivers to carry insurance, and driving without it can bring penalties. Those penalties go to the state, not to the victim.
How can you protect yourself in the future?
- Check that your policy includes uninsured and underinsured coverage.
- Ask what limits you have and whether they match your needs.
- Keep your policy documents where you can find them.
Should you get a lawyer?
It is worth a call if you were hurt. Dealing with your own insurer on an uninsured claim can be as complicated as dealing with the other side’s. We can review your coverage and your options. Talk to us for a free case review.
Related questions
What if I was hit by an uninsured driver?
Report the crash, document it and tell your own insurer. Your uninsured motorist coverage may help with your losses.
Can I sue an uninsured driver?
Yes, but you may not be able to collect much if the driver has no money or assets.
What if the uninsured driver ran away?
Report it to the police right away. Your own coverage may apply to a hit-and-run.