Denver Uninsured / Underinsured Motorist Attorneys
Every day, accidents are caused by careless drivers. Such accidents can cause serious injury, including traumatic brain injury and even wrongful death. The burden of an injured or traumatized victim is even greater when the auto accident was caused by an uninsured or underinsured motorist. Luckily, Colorado residents involved in an accident caused by an uninsured or underinsured motorist can contact McDermott Law, LLC to help them through the claim process. Our lawyers represent victims in Denver, Colorado Springs, Fort Collins, and all other Colorado communities and are experienced in insurance law litigation and recovering fair compensation for their clients.
- What is Uninsured / Underinsured Motorist Insurance?
- What does Uninsured / Underinsured Motorist Insurance Cover?
- What Should I do if I am Hit by an Uninsured or Underinsured Motorist?
- Underinsured Motorist Coverage
In Colorado, any insurance company selling auto insurance is required to offer uninsured / underinsured motorist insurance as part of every policy. The policyholder can refuse the coverage in writing.
Uninsured / underinsured motorist insurance (UM / UIM) coverage is helpful if you and / or your passengers are injured in accident caused by an uninsured or underinsured driver, or by someone who fled the scene of the accident (hit and run). UM / UIM coverage works as if the at-fault driver was insured.
In addition to covering you and your passengers if you are directly involved in an accident, UM / UIM coverage may apply if you are hit by an uninsured driver while walking or riding your bike. Also, UM / UIM insurance may cover your car even if you weren’t driving at the time of an accident.
If you find out that the driver at fault for your accident is uninsured, the first step is to contact your insurance company to make an uninsured motorist claim. This claim should cover both property damage and expenses related to bodily injury, including medical bills, lost income, pain, mental stress, and other hardships — the same compensation you would normally claim from the other driver if he or she had insurance.
While preparing your claim, be sure to have your attorney examine your insurance policy carefully to make sure you don’t do anything that violates its terms. Violating its terms may jeopardize your right to make an uninsured motorist claim.
After you file a claim, an adjuster from your insurance company will evaluate the claim based on many factors. Then, the adjuster will make an offer to settle the claim; the limit of the coverage you purchased dictates how much can be offered.
You have options if you don’t agree with the adjuster’s offer. You must look at the provisions of the insurance policy because rules depend on the policy. At this point, an uninsured / underinsured motorist attorney familiar with Colorado law can help you interpret your policy and ultimately settle the dispute.
Colorado law dictates that you have three years from the date of the accident to demand arbitration or file a lawsuit if you feel the insurance company has not compensated you properly. Otherwise, your claim will be barred.
Those who have uninsured motorist coverage also have underinsured motorist coverage. This type of coverage is helpful if an at-fault driver has only minimum policy limits. For example, if the at-fault driver has a $25,000 policy limit, you can accept $25,000, then make an excess claim against your own UM / UIM coverage up to limits of your coverage. Before you accept money from the other driver, obtain permission from your insurance company to settle. If you settle with the other driver without first obtaining permission from your insurance company, you will lose the right to file for an underinsured motorist claim.
After that, the claim is handled just like an uninsured motorist claim filed with your insurance company.
Get Help with Your Uninsured / Underinsured Motorist Claim
If you have been involved with an accident with an uninsured or underinsured motorist, our skilled lawyer can help pursue your claim. Located in Denver, uninsured / underinsured motorist attorneys at McDermott Law, LLC have represented Colorado residents for years. Our legal team provides every client with personal, high-quality service. We can guide you through the laws that govern uninsured or underinsured motorist coverage, help resolve disputes with your insurance company, and fight for a favorable conclusion to your case. For an initial review of your case, contact McDermott Law, LLC today.