Learn how a personal injury attorney can help you recover compensation and protect your legal rights.
When you’re injured in a car accident, one of the first things you expect is that the at-fault driver’s insurance will cover your damages. Unfortunately, that isn’t always the case. Many drivers in Colorado are either uninsured or underinsured, leaving victims struggling to pay for medical bills, lost wages, and vehicle repairs.
At Lampert & Walsh, LLC, our Denver personal injury attorneys have been protecting the rights of accident victims for more than 35 years. If you’ve been hit by a driver without adequate insurance coverage, you still have legal options — and a skilled attorney can help you pursue them.
Understanding Uninsured and Underinsured Motorist Coverage in Colorado
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist coverage protects you when the at-fault driver has no insurance at all. Instead of relying on the other driver’s policy, your own insurance company pays for your damages, up to your policy limits.
What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist coverage comes into play when the other driver’s insurance is not enough to fully compensate you. For example, if your injuries total $100,000 in damages, but the at-fault driver only carries the minimum $25,000 coverage, your UIM coverage can help make up the difference.
Is UM/UIM Coverage Mandatory in Colorado?
While not legally required, Colorado law requires insurance companies to offer UM/UIM coverage. If you reject it, you must do so in writing. Most drivers wisely choose to include this coverage for added protection.
Common Scenarios Where UM/UIM Coverage Applies
- Hit-and-run accidents where the at-fault driver cannot be identified
- Accidents with drivers who carry no insurance
- Collisions with drivers carrying only minimum liability coverage
The Legal Risks of Driving Without Insurance in Colorado
Those who choose to drive without insurance—especially when combined with reckless or drunk driving behavior—can face serious legal consequences. Uninsured drivers may experience license suspension, costly fines, mandatory SR-22 insurance filings, and even civil liability for any damages or injuries they cause
Driving without insurance is not only risky but also illegal in Colorado. State law requires every driver to maintain proper liability coverage to ensure financial responsibility in the event of an accident.
Even if the other driver is clearly at fault, recovering compensation can be complicated without insurance coverage — which is why having a personal injury attorney in Denver is so important.
What to Do After Being Hit by an Uninsured or Underinsured Driver
1. Call the Police Immediately
A police report is critical evidence. It establishes fault and documents the incident, which will be vital when filing your claim.
2. Seek Medical Attention
Even if you feel fine, get checked by a medical professional. Some injuries (like whiplash or brain trauma) appear hours or days later.
3. Gather Evidence
Take photos of the scene, your vehicle, the other driver’s license plate, and any visible injuries. Collect contact information from witnesses.
4. Notify Your Insurance Company
Inform your insurer about the accident as soon as possible. Your UM/UIM coverage may apply, but insurance companies often try to minimize payouts.
5. Contact a Denver Personal Injury Attorney
A skilled attorney can handle communication with insurers, gather evidence, and help ensure you receive the compensation you deserve.
How a Personal Injury Attorney Protects Your Rights
At Lampert & Walsh, our attorneys handle every detail of your uninsured or underinsured motorist claim, so you can focus on recovery. Here’s how we help:
1. Evaluate Your Case and Coverage
We start by reviewing your insurance policy to determine what coverage applies and how to maximize your benefits.
2. Investigate the Accident
Our team gathers evidence, including police reports, witness statements, and expert testimony to build a strong case.
3. Negotiate with Insurance Companies
Insurance adjusters are not on your side. We negotiate aggressively to prevent them from undervaluing your claim.
4. File a Lawsuit if Necessary
If your insurer refuses to offer fair compensation, we are fully prepared to take your case to court.
5. Secure Maximum Compensation
We fight for the full amount you are entitled to — including medical expenses, lost wages, pain and suffering, and long-term care costs.
Proving Fault and Liability in UM/UIM Claims
Even in cases involving uninsured or underinsured drivers, proving negligence remains crucial. Your attorney will need to show that:
- The at-fault driver owed you a duty of care.
- They breached that duty through negligence or recklessness.
- The breach directly caused your injuries.
- You suffered measurable damages.
At Lampert & Walsh, we use police reports, expert analysis, and accident reconstruction evidence to establish fault and secure the strongest case possible.
Insurance Claim Challenges and How Attorneys Resolve Them
Unfortunately, even your own insurer can act in bad faith. Some common challenges include:
- Delayed claim processing
- Unreasonable settlement offers
- Denial of coverage without valid reason
- Misinterpretation of policy terms
Your attorney will hold the insurance company accountable and ensure your rights are protected under Colorado’s insurance laws. If necessary, we pursue legal action to compel fair payment for your damages, medical expenses, and any related vehicle services required after the accident.
Types of Compensation Available
If you’ve been injured by an uninsured or underinsured driver, you may be entitled to compensation for:
Economic Damages
- Medical expenses (current and future)
- Rehabilitation costs
- Lost income and reduced earning capacity
- Vehicle repairs or replacement
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
Punitive Damages
In rare cases involving gross negligence, punitive damages may be awarded to punish the at-fault driver and deter similar behavior.
Why Hiring a Local Colorado Personal Injury Attorney Matters
When you hire a Denver personal injury lawyer who understands Colorado law, you benefit from local experience and resources.
Our attorneys know the state’s insurance regulations, comparative negligence laws, and court procedures. We have relationships with medical professionals, accident reconstruction experts, and investigators who can strengthen your case.
Having an experienced local attorney also means faster response times, personalized communication, and someone who truly understands the challenges Colorado drivers face.
Protecting Yourself Before an Accident Happens
While you can’t control other drivers, you can protect yourself by taking a few proactive steps:
Review Your Policy Regularly
Make sure you understand your coverage limits and whether you have UM/UIM protection.
Increase Your Coverage if Needed
Consider increasing your UM/UIM limits to ensure adequate protection in case of a serious accident.
Seek Legal Guidance
If you’re unsure about your coverage or have questions about your rights, speak with a personal injury attorney. A brief consultation could prevent major financial stress later.
Why Choose Lampert & Walsh, LLC
For over 35 years, Lampert & Walsh has been fighting for Colorado accident victims. We only represent plaintiffs — never insurance companies — and we work tirelessly to secure justice for every client.
We handle all types of motor vehicle accident cases, including:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Construction and workplace injuries
- Wrongful death cases
Our firm offers free consultations and works on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Our Denver Personal Injury Attorneys Today
If you were hit by an uninsured or underinsured driver in Colorado, don’t face the insurance companies alone. Let Lampert & Walsh, LLC fight for your rights and help you recover the compensation you deserve.
If you were hit by an uninsured or underinsured driver in Colorado, don’t deal with the insurance companies on your own. Contact Lampert & Walsh, LLC today — our experienced attorneys will fight for your rights and pursue the compensation you deserve.
Frequently Asked Questions (FAQs)
Can I Sue an Uninsured Driver Directly?
Yes, but recovery may be difficult if the driver lacks assets or income. In most cases, your UM coverage provides the best path to compensation.
How Long Do I Have to File a Claim?
Colorado’s statute of limitations for car accident claims is generally three years from the date of the accident. However, it’s best to contact an attorney as soon as possible.
What If I Was a Passenger or Pedestrian?
You may still qualify for compensation through your own UM coverage or the driver’s policy. Your attorney can help determine the best legal strategy.
Do I Need a Lawyer If I Have UM Coverage?
Yes. Even your own insurer may try to pay less than you deserve. A lawyer ensures you receive full and fair compensation.
