What to Do If the Other Driver Didn’t Have Liability Insurance

If you’ve been hit by a driver in Denver, Colorado and then discover they don’t have insurance (or don’t have enough), it’s completely normal to feel angry and scared about how you’ll pay your medical bills, lost wages, and car repairs.

 

The good news: in many Colorado cases, your own auto insurance policy may protect you through something called Uninsured / Underinsured Motorist coverage (UM/UIM). This coverage is especially important for drivers in the Denver metro area, Aurora, Boulder, Colorado Springs, Fort Collins, and along the Front Range, where traffic and serious crashes are common.

Below is a step-by-step guide on what to do after a crash with an uninsured driver in Colorado and how UM/UIM coverage can help.

This article is for general information only and is not legal advice. For advice about your specific situation, speak with a Colorado injury attorney.

1. What Is UM/UIM Coverage in Colorado?

Uninsured Motorist (UM) coverage helps when the at-fault driver has no liability insurance.
Underinsured Motorist (UIM) coverage helps when the at-fault driver doesn’t have enough insurance to cover all your damages.

In Colorado:

• Auto insurers are required to offer UM/UIM coverage to policyholders.

• They must offer it in the same amount as your bodily injury liability limits, unless you choose lower limits or reject it in writing.

• If you don’t want UM/UIM, your insurance company is supposed to have you sign a written rejection, because lawmakers recognize how important this protection is.

It may also apply if:

• You’re hurt in a hit-and-run

• You’re a pedestrian or cyclist hit by an uninsured driver

2. Step-by-Step: What to Do Right After a Crash with an Uninsured Driver in Denver

Whether the collision happens on I-25 through downtown Denver, on Colorado Boulevard, or on an icy side street in Aurora or Lakewood, the immediate steps are similar.

 

Step 1: Call 911 and Get a Police Report

• Report the crash and tell the officer if the other driver admits they don’t have insurance or refuses to provide proof.

• Ask how to get a copy of the police report later—this report can be very important for a UM/UIM claim.

Step 2: Gather Information (Even If They Have No Insurance Card)

If it’s safe to do so, collect:

• Driver’s name, address, phone number

• License plate and vehicle description

• Photos of damage, injuries, skid marks, road conditions, and nearby signs or landmarks

• Names and contact info for witnesses

If the other driver is being difficult or refuses to share details, try to at least get the license plate and photos of the vehicle and scene.

Step 3: Get Medical Care as Soon as Possible

In Colorado, your health and documentation go hand in hand:

• Go to the ER, urgent care, or your own doctor right away if you’re hurt.

• Tell them it was a motor vehicle accident in Denver, Colorado.

• Follow medical advice and keep all discharge paperwork, referrals, and bills.

Delayed treatment is often used by insurance companies to argue that you weren’t really hurt.

Step 4: Notify Your Own Insurance Company (Carefully)

You generally must promptly report the accident to your own insurer, but you don’t have to give a long, detailed recorded statement before speaking with a lawyer.

When you call:

• Confirm whether you have UM/UIM coverage and MedPay (medical payments coverage).

• Provide basic facts (date, location, vehicles involved) without guessing about injuries or fault.

A Denver uninsured motorist lawyer can help you handle these conversations so you don’t accidentally harm your claim.

3. How a UM/UIM Claim Works After an Uninsured Crash in Colorado

In a typical uninsured motorist scenario in Colorado:

1. The other driver caused the crash and has no liability insurance.

2. You make a claim against your own UM coverage.

3. Your UM coverage steps into the shoes of the at-fault driver and can pay for your injury-related losses up to your UM policy limits.

In an underinsured motorist scenario:

1. The at-fault driver has insurance, but their limits are too low for your damages.

2. You first collect up to the at-fault driver’s policy limits.

3. Then you can pursue your UIM coverage to help cover the remaining losses, up to your UIM limits.

Examples where UM/UIM may apply in the Denver metro area:

• A hit-and-run on Colfax Avenue

• A motorcycle rider hit by an uninsured driver near Boulder

• A pedestrian struck in a Cherry Creek crosswalk by a driver with minimal coverage

• A family rear-ended on I-70 heading to the mountains by a driver with low limits

4. Common UM/UIM Problems in Colorado Cases

UM/UIM coverage is meant to protect you, but insurance companies still look for ways to minimize payouts. Some frequent issues:

“You Rejected UM/UIM in Writing”

Your insurer may claim you signed a written rejection of UM/UIM coverage. Under Colorado law, they’re required to properly offer this coverage and be able to prove it.

An experienced Colorado injury attorney can review the forms and see whether your rejection was valid.

Disputes Over the Value of Your Injuries

The insurance company may argue:

• Your injuries are “minor”

• Your treatment wasn’t necessary or was “too long”

• Your pain is from a pre-existing condition, not the crash

Careful documentation, strong medical records, and sometimes expert opinions are critical in these UM/UIM negotiations.

Stacking and Policy Language

Depending on your policy and household, there may be questions about whether you can “stack” UM/UIM coverage across multiple vehicles or policies to increase available coverage. Whether stacking is allowed depends heavily on your policy language and the facts of your case.

This is a technical area where having a lawyer on your side makes a big difference.

5. Why Talk to a Denver UM/UIM Attorney Early?

When you’re dealing with your own insurance company, it can feel like you’re on the same team—but in UM/UIM cases, your insurer is effectively taking the place of the at-fault driver. Their goal is still to pay as little as possible.

At The Ferris Law Firm in Denver:

• Attorney John Ferris has spent decades handling Colorado accident cases and has personally resolved thousands of claims for injured people.

• The firm focuses on car, motorcycle, trucking, rideshare, bicycle, and auto-pedestrian accidents throughout Denver, Aurora, Boulder, Colorado Springs, Fort Collins, and the Western Slope.

• When you call, you speak directly with Mr. Ferris, not a call center—your personal injury really does receive personal attention.

A Denver UM/UIM lawyer can:

• Review your auto policy and explain exactly what coverage you have

• Coordinate with your medical providers and address issues like medical liens and permanent impairment ratings

• Gather evidence and work up the full value of your case, including future medical needs and lost earning capacity

• Negotiate directly with your insurance company—and, if needed, file suit to enforce your rights

6. FAQs About Uninsured Drivers & UM/UIM in Denver, CO

Do I still have a case if the other driver had no insurance?

Possibly, yes. If you have UM coverage on your auto policy, you may be able to recover from your own insurer even though the at-fault driver was uninsured.

Even if you don’t have UM/UIM, there may be other avenues to investigate, such as liability for an employer or other responsible parties in some circumstances.

What if I signed something from the insurance company?

Never sign:

• A release of claims

• A quick settlement check

• Any new UM/UIM rejection form after the crash

without understanding exactly what you’re giving up. Once you sign a release, you may not be able to recover more—even if you later discover you need surgery.

How long do I have to bring a UM/UIM claim in Colorado?

Deadlines (statutes of limitation and policy deadlines) can be complicated in UM/UIM cases. They may involve both Colorado law and contract deadlines in your policy. Because these timelines can vary and are very fact-specific, it’s important to speak with a lawyer as soon as possible after your Denver crash.

7. Talk to The Ferris Law Firm About an Uninsured Driver Accident in Colorado

If you were hit by a driver without insurance anywhere in Denver, Aurora, Boulder, Colorado Springs, Fort Collins, the Front Range, or the Western Slope, you don’t have to figure out UM/UIM coverage alone.

The Ferris Law Firm – Denver, Colorado. John's direct phone number 303-377-5500 extension. 302

201 Steele Street, Suite 201
Denver, CO 80206

Phone: 303-377-5500

John Ferris and his team can:

• Review your Colorado UM/UIM coverage

• Explain your rights if the other driver was uninsured or underinsured

• Handle the insurance companies while you focus on healing