Hit by an Uninsured Driver in Colorado? Don’t Panic—You Still Have Options

Just found out the driver who hit you has no insurance? Don’t panic. Learn how Colorado’s Uninsured Motorist (UM) laws can save you, and why your rates won’t go up for using it.

It’s the ultimate insult to injury. You’re hurt, your car is wrecked, and the police officer just gave you the bad news: The at-fault driver has no insurance.

Or maybe it was a hit-and-run, and they are long gone.

You immediately panic. Who is going to pay for this ambulance ride? How will I fix my car?

In Colorado, roughly 1 in 6 drivers is uninsured. It is a massive problem. But it doesn’t mean you are out of luck. You likely have a financial safety net already in place, even if you don’t realize it yet.

Your Secret Weapon: UM/UIM Coverage

Look at your own auto insurance policy right now. You are looking for something called “Uninsured/Underinsured Motorist” (often listed as UM/UIM).

This is coverage you bought specifically for this bad day. It means your own insurance company steps into the shoes of the deadbeat driver who hit you. They will pay your medical bills, lost wages, and pain and suffering, just as if the at-fault driver had insurance.

CRITICAL CO LAW: In Colorado, insurance companies MUST offer you this coverage. If you didn’t specifically sign a piece of paper rejecting it in writing, you might legally have it even if your policy doesn’t say so. Never take an adjuster’s word that you “don’t have coverage” without a lawyer checking first.

The Fear: “Will My Rates Go Up if I File?”

This is the https://www.google.com/search?q=%231 reason people are scared to use their own UM coverage. They were hit by someone else and don’t want to be punished for it.

Good News: Colorado law protects you here. Under C.R.S. § 10-4-719.5, insurance companies are generally PROHIBITED from raising your premiums or canceling your policy solely because you made a claim for an accident that was not your fault.

Do not be afraid to use the coverage you paid for.

The “Underinsured” Nightmare (UIM)

Sometimes the other driver has insurance, but it’s trash. Colorado only requires drivers to carry $25,000 in bodily injury coverage. One trip to the ER and a single surgery can easily cost $75,000.

If the at-fault driver only has $25k, they pay that first. Then, your Underinsured Motorist (UIM) coverage kicks in to pay the remaining $50k (up to your own policy limits).

WARNING: You MUST get permission from your own UIM carrier before you accept that initial $25k from the at-fault driver. If you sign the wrong release form too early, you could accidentally void your own UIM policy.

Immediate Steps to Take

  1. Call the Police: You need a police report stating the other driver was at fault and uninsured (or fled the scene). Your insurance company will require this proof.
  2. Don’t Trust the Other Driver: If they say, “I’ll pay you cash, don’t call police,” IGNORE THEM. People who can’t afford car insurance cannot afford your $40,000 hospital bill.
  3. Find Your “Dec Page”: Locate the “Declarations Page” of your auto policy to see your UM/UIM limits.

You need someone to analyze your policy immediately and find every dollar available to you.

Frequently Asked Questions

1. What if I was a pedestrian and don’t have a car? If you live with a relative who has a car and UM/UIM insurance, you might be covered under their policy as a “resident relative,” even if you were walking when hit. It’s always worth checking.

2. The other driver showed me an insurance card, but now their company says it was expired. What do I do? This happens constantly. They are officially an “uninsured motorist” now. You need to pivot immediately to opening a claim with your own UM carrier.

3. Can I stack my policies in Colorado? Maybe. “Stacking” means combining UM limits from multiple cars you own (e.g., three cars with $50k coverage each = $150k total). Most Colorado policies try to ban this with “anti-stacking” language, but sometimes these bans can be overturned in court if they were written incorrectly.

4. My insurance company is fighting me on my UM claim. Why? When you file a UM claim, your insurance company suddenly becomes your adversary. They want to pay you as little as possible to save money. You often need a lawyer to force your own company to treat you fairly.