Uninsured Motorist Claims in Denver: A Driver's Guide

If you were hit by a driver who had no insurance—or not nearly enough to cover your injuries—your own uninsured/underinsured motorist (UM/UIM) coverage is what you fall back on. It's the part of your auto policy that pays when the at-fault driver can't. The catch: to collect, you have to make a claim against your own insurance company, and they don't always make it easy. Here's how UM/UIM coverage works in Colorado, the difference between the two, and when it makes sense to bring in a lawyer.

You paid premiums for years. You may have even added UM/UIM coverage because an agent told you it was the smart move. Then a crash on I-25 leaves you with a wrecked car and medical bills—and the other driver has no policy, or a policy too small to matter. That's exactly the scenario UM/UIM was built for. The frustrating part is that the company you've been paying is now the one deciding what to pay you.

UM vs. UIM: What's the Difference?

People use "UM" and "UIM" interchangeably, but they cover two different situations. Here's the quick version:

Either way, the money comes from your own policy—which is why a UM/UIM claim feels so different from a normal claim against the other driver.

The coverage you may not know you have

In Colorado, auto insurers generally must offer UM/UIM coverage, and a driver who turns it down is typically expected to reject it in writing. Plenty of people don't remember being asked—which means they may have more coverage than they think. A good first step after a crash with an uninsured driver is to dig out your declarations page and check whether UM/UIM limits are listed. If the insurer claims you waived it, ask them to produce the signed rejection, and have an attorney review the specifics.

Why a UM/UIM Claim Feels Like a Fight

When you make a UM/UIM claim, your own insurer effectively steps into the shoes of the driver who hit you. To get paid, you have to prove two things: that the other driver was at fault, and that your injuries and losses are worth what you're claiming. Your insurance company has a financial incentive to push back on both—to argue the injuries aren't that serious, or that you didn't need the treatment your doctors recommended. None of that means your claim is weak. It means the process is adversarial by design, and it helps to know that going in.

Don't give a recorded statement first

If you remember one thing, make it this: don't give a recorded statement to an adjuster before you've talked to a lawyer. The adjuster will sound friendly and concerned—that's the job. But a recorded statement becomes evidence, and innocent answers get used later. Say "I'm okay" and it shows up as "claimant stated they were okay." Describe the crash loosely and a stray phrase becomes an admission of fault. Mention an old back tweak and suddenly your injuries are a "pre-existing condition." You're not obligated to give that statement on the spot, and there's rarely any rush to.

Look for every source of coverage

One of the most overlooked parts of a UM/UIM claim is finding all the coverage that might apply. An adjuster usually points you to the single policy limit on the car you were driving and stops there. But other coverage can sometimes be combined—a practice called "stacking"—or found in unexpected places:

• Multiple vehicles on one policy: If you have two cars insured with their own UM/UIM limits, those limits may be combinable depending on your policy and the facts.
• Household policies: Coverage on a spouse's or family member's policy in the same household can sometimes come into play.
• Rideshare trips: If you were a passenger in an Uber or Lyft when an uninsured driver hit you, the rideshare company's commercial coverage may apply on top of anything else.

Whether and how much you can stack depends on your specific policy language and current Colorado law, so it's worth having someone read the actual policy rather than taking the adjuster's first answer. For rideshare trips, Colorado requires UM/UIM coverage of $200,000 per person / $400,000 per occurrence (C.R.S. § 40-10.1-604), which can matter if you were a passenger when an uninsured driver hit you.

When the Insurer Won't Play Fair

Most claims resolve through negotiation. But when an insurer unreasonably delays or denies a valid claim, Colorado law gives policyholders additional remedies for insurance "bad faith." Under C.R.S. §§ 10-3-1115 and 10-3-1116, a policyholder whose benefits were unreasonably delayed or denied can recover two times the covered benefit plus attorney fees and costs—on top of any common-law bad-faith claim. The timing varies by theory: common-law bad faith generally carries a two-year deadline, while a breach-of-contract claim against your insurer is generally three years. These are separate legal claims with their own requirements, so they're exactly the kind of thing to talk through with a lawyer rather than threaten on your own.

This is also where good documentation pays off. Keep your emails and letters, note the dates of calls, and save every offer and excuse. A clear paper trail makes it much easier to show whether an insurer handled your claim reasonably or not.

What to Expect, Step by Step

When Should You Call a Lawyer?

Not every fender-bender needs an attorney. But a UM/UIM claim is worth a conversation when any of these are true: your injuries are serious or still being treated, the insurer is delaying or denying, there's a dispute over who was at fault, or you simply don't want to argue with your own insurance company while you're trying to heal. There are also deadlines to keep in mind: the underlying motor-vehicle injury claim generally has a three-year statute of limitations (C.R.S. § 13-80-101(1)(n)), and a contract-based claim against your own insurer is generally three years as well. The exact deadline can turn on the facts, so it's better to ask early than to find out too late.

Uninsured and underinsured drivers are common enough that this isn't a rare problem—it's one a lot of careful drivers run into through no fault of their own.

Talk It Through, Free

You've already dealt with the crash, the injuries, and the bills. You shouldn't have to fight your own insurer alone on top of it. If you were hurt by an uninsured or underinsured driver in the Denver area, call Conduit Law at (720) 432-7032 for a free consultation. We'll talk about what happened and whether you have a claim worth pursuing—no pressure, and you only pay if we recover for you.

This article is general information, not legal advice, and reading it doesn't create an attorney-client relationship. If you've been injured, talk to a qualified attorney about your specific situation.