Hit by an Uninsured Driver in Denver: Your Rights and Options

Call 911 immediately after a collision with an uninsured driver. Police documentation is especially critical in uninsured driver cases because you may need to file a UM claim with your own insurer or pursue a personal lawsuit — both require solid evidence. Get the other driver's name, address, phone number, driver's license number, and plate number even though they have no insurance to exchange.

Photograph all vehicle damage, the road layout, skid marks, traffic signals, and any visible injuries. Get witness names and phone numbers. If police cite the other driver for no insurance (a traffic violation in Colorado under C.R.S. § 42-4-1409), that citation supports your claim. Request the police report number before leaving the scene.

See a doctor within 24 hours regardless of how you feel. Crash injuries — whiplash, herniated discs, concussions — often take 24-72 hours to produce symptoms. Your medical records from this first visit establish the connection between the crash and your injuries, which is essential whether you file a UM claim or a lawsuit.

If you are worried about paying for treatment without the other driver's insurance, know that your own health insurance, MedPay (medical payments coverage on your auto policy), and your UM coverage can all cover medical bills. Denver Health, UCHealth, and Swedish Medical Center all treat crash injury patients and can work with auto insurance or health insurance billing.

This is the most important step. Pull out your auto insurance policy or call your agent and ask: Do I have uninsured motorist (UM) coverage? What are my limits? Colorado law requires your insurer to offer UM/UIM when you buy or renew a policy. If you accepted it, your UM coverage pays for your injuries as if the at-fault driver had insurance — covering medical bills, lost wages, pain and suffering, and other damages up to your policy limit.

If you also have Medical Payments (MedPay) coverage, it pays your medical bills regardless of fault, usually up to $5,000-$25,000. MedPay kicks in immediately and does not require a fault determination. Use MedPay for upfront medical costs while your UM claim is processed.

If you declined UM coverage when you purchased your policy, your options are more limited. You can still sue the uninsured driver personally, use your health insurance for medical bills, and pursue the driver's personal assets — but collecting from someone who cannot afford car insurance is often difficult.

Filing a UM claim is similar to filing a third-party claim against another driver's insurer, except you are dealing with your own company. Report the accident, provide the police report, medical records, and documentation of your damages. Your insurer will investigate the claim and determine the at-fault driver's liability.

Be aware: even though it is your own insurance company, the UM claims process is adversarial. Your insurer has a financial incentive to minimize your payout. Do not give a recorded statement without understanding your rights. Do not accept the first settlement offer. Document your injuries and damages thoroughly, and do not settle until you have reached maximum medical improvement.

Colorado law allows you to stack UM coverage if you have multiple vehicles on your policy, unless your policy contains a valid anti-stacking clause. Check whether stacking applies — it could double or triple your available coverage.

You have the legal right to sue the uninsured driver for your damages. Colorado's 3-year statute of limitations for motor vehicle injuries (Colo. Rev. Stat. § 13-80-101) gives you time to file. If you win a judgment, the driver is legally obligated to pay.

The practical problem is collection. A driver without insurance often lacks significant assets, steady income, or property. A judgment is only worth something if you can collect on it. That said, judgments in Colorado are enforceable for 20 years and can be renewed — if the driver's financial situation improves, you can pursue collection later. An attorney can advise whether a lawsuit makes financial sense in your specific case.

Colorado's modified comparative negligence rule (Colo. Rev. Stat. § 13-21-111) applies in uninsured motorist cases just as it does in any car accident claim. If you are found partially at fault, your compensation is reduced by your fault percentage. At 50% or more fault, you recover nothing.

The uninsured driver's insurance company does not exist to argue comparative fault — but your own UM insurer may. Your insurer can reduce your UM payout by arguing you were partially responsible. Strong documentation — police reports, witness statements, dashcam footage — protects against these arguments.

The statute of limitations for motor vehicle injury claims in Colorado is 3 years from the date of injury (Colo. Rev. Stat. § 13-80-101). For other negligence claims, the deadline is 2 years (§ 13-80-102). If a government-owned vehicle was involved, you must file a notice of claim within 182 days under the Colorado Governmental Immunity Act.

Your UM policy may also have internal deadlines — some policies require notice of a UM claim within a specific period. Check your policy language and report the accident to your insurer promptly to avoid coverage disputes.

Hit by an uninsured driver in Denver and not sure where to start? Take our free 2-minute assessment. Answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report covering your UM claim options, potential recovery, and next steps. We can connect you with a Denver attorney experienced in uninsured motorist cases.

Being hit by someone with no insurance feels like a double injustice — they caused the crash and left you holding the bag. But if you have UM coverage, you have a real path to full compensation. Start with the assessment. It is free, confidential, and faster than calling your insurance company.