When an uninsured driver strikes you in Denver, the situation becomes much more problematic. Auto accidents are already stressful. Not all drivers in Colorado follow the law, which requires drivers to have insurance to cover potential collisions. Awareness of your legal rights and alternatives is crucial to protecting your finances if you are in an accident with an uninsured driver. If you find yourself in this circumstance, you must follow specific legal requirements.
Understand Colorado’s Car Insurance Laws
It's essential to comprehend Colorado's insurance requirements before pursuing any legal action. Drivers are required by state law to maintain a minimum level of liability insurance. Many drivers, however, choose not to have this coverage or do not keep their policy active. You can have trouble getting compensation if you are in an accident with someone uninsured.
Colorado's status as a "comparative fault" state must be noted. If both parties are somewhat to blame for the accident, your compensation may be lowered in proportion to your degree of fault. For instance, you would get 80% of the compensation if deemed 20% at fault for the accident. Contact Paul Wilkinson Law Firm for advice on proceeding with your case.
The Importance of Uninsured Motorist Coverage (UM)
In Colorado, uninsured motorist (UM) insurance is a vital driver safety measure. UM coverage can assist in covering your medical expenses, missed income, and other accident-related damages if an uninsured motorist strikes you. Drivers often disregard this kind of insurance, but it can be crucial if you are in an accident with someone uninsured.
If you lack UM coverage, you could have to look for compensation from other sources, such as the medical payments portion of your insurance policy or, if the at-fault driver has funds to repay the losses, from them directly.
Immediately Report the Accident to Law Enforcement
Whether or not the driver at fault has insurance, you should always report the accident to the police. A police report provides a formal account of the incident, which can be valuable when filing insurance claims or pursuing legal action. It’s also essential for documentation if you need to pursue a lawsuit later.
When law enforcement arrives, get a copy of the accident report. It will contain crucial details, including the other driver's information (even if they don’t have insurance), witness statements, and a scene description.
Gather Evidence at the Scene
Spend time gathering as much evidence as possible after phoning the cops. Taking pictures of the scene, the vehicle damage, your injuries, and any pertinent road conditions may fall under this category. To support your case, ensure you obtain the contact details of any witnesses who may have witnessed the accident.
If the uninsured driver admits fault, document this through a recorded statement or written note. This could be essential evidence for your case when liability is contested.
Contact Your Insurance Company
Once the accident is documented and you've spoken with law enforcement, it's time to notify your insurance company. Even if the other driver doesn't have insurance, your insurance may still cover some of the costs. If you have UM coverage, your insurer will handle the claim and assist in recovering damages.
In cases where the uninsured driver is at fault and you don’t have UM coverage, your insurance may still help with medical bills or property damage through other forms of coverage. Be sure to speak to your insurance provider about all the options available.
Filing a Lawsuit Against the Uninsured Driver
If the uninsured driver lacks insurance and cannot defend themselves against your losses, you may be forced to sue them directly. Even while this might seem like too much to handle, there are situations where getting paid for pain and suffering, lost income, and medical expenses is essential.
Before pursuing this route, assess whether the at-fault driver has the financial means to cover the costs. If they don't, pursuing a lawsuit may not result in meaningful compensation. However, in some cases, individuals may have assets, such as property or savings, that could be used to satisfy a judgment.
Exploring Other Avenues for Compensation
If the uninsured driver doesn’t have the financial means to cover your damages, there are other options to explore. For example, if the accident was caused by a third party, such as a poorly maintained road or defective vehicle part, you could pursue a claim against the responsible parties.
Furthermore, your health insurance or medical payments coverage may partially cover medical expenses in certain situations. Your lawyer can assist you in weighing these choices and choosing the best course of action.
What to Do Next
If you’ve been hit by an uninsured driver in Denver, taking swift legal action is essential to protect your rights and ensure that you’re adequately compensated. Whether through your insurance, a lawsuit against the driver, or other avenues, seeking legal counsel is vital to maximize your recovery. Always ensure you have proper documentation, report the accident to the authorities, and don’t hesitate to contact Paul Wilkinson Law Firm to guide you through the legal complexities of your case.
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