Navigating Rough Roads: Your Ultimate Guide to UM/UIM Claims in Denver

Posted Thu 18th Apr, 2024 | by Kaufman | on Automobile Accidents, Insurance Claims

What are Uninsured and Underinsured Motorist Claims?

When an accident happens and the at-fault driver lacks sufficient insurance—or any at all—to cover the damages they’ve caused, uninsured (UM) and underinsured motorist (UIM) coverages become your safety nets. These coverages are essential in ensuring you’re not left footing the bill for someone else’s mistake.

The Law In Colorado Regarding UM/UIM Coverage

In Colorado, motorists are required to carry UM/UIM coverage as part of their auto insurance unless they opt out in writing. This law ensures that you have access to compensation, even if the at-fault driver cannot pay.

When To File A UM/UIM Claim

You should consider filing a UM/UIM claim whenever you’re involved in an accident where the other driver is at fault and lacks adequate insurance. Act promptly, as delaying can complicate your claim.

What Is The Difference Between UM And UIM?

Uninsured Motorist (UM) coverage kicks in when you’re hit by a driver who doesn’t carry any auto insurance at all. Underinsured Motorist (UIM) coverage, on the other hand, comes into play when the other driver’s insurance is insufficient to cover the damages they’ve caused. Both are about protecting you, but they handle different scenarios of coverage inadequacy.

How Long Do I Have To File A UM/UIM Claim In Colorado?

In Colorado, you generally have three years to file a UM/UIM claim, based on the statute of limitations for most car accident claims. It’s wise to start the process as soon as possible, though, to ensure all your paperwork is accurate and your memory of the incident is fresh.

What If The Other Driver Leaves The Scene?

If the other driver leaves the scene, it’s treated like a hit-and-run. In these cases, your UM coverage becomes particularly valuable. You can file a claim under your UM policy to cover your damages and injuries, just be sure to report the incident immediately to both the police and your insurance provider.

Can I File A UM/UIM Claim If I Was A Passenger?

Yes, you can! UM/UIM coverage isn’t just for drivers; it also covers passengers. If you’re injured in an accident where the driver at fault is underinsured or uninsured, you can file a claim under the vehicle’s UM/UIM policy where you were a passenger.

What Can I Do If My Claim Is Denied?

If your UM/UIM claim gets denied, don’t lose hope. First, request a detailed explanation for the denial from your insurer. Sometimes, simply providing additional documentation or clarification can resolve the issue. If that doesn’t work, consider contacting a lawyer who specializes in auto insurance claims. They can offer more personalized advice and might help you contest the insurer’s decision.

Step-By-Step Guide To Filing A UM/UIM Claim

• Start by ensuring your safety and calling the police.
• Document the accident scene and notify your insurance provider as soon as possible.
• Gather all relevant documents, including medical reports and repair estimates, which will be crucial for your claim.

Challenges In UM/UIM Claims

Filing these claims can be fraught with challenges, such as disputes over coverage limits and the extent of your injuries. Insurance companies can be tough negotiators, which is why having a lawyer can be beneficial.

How A Lawyer Can Help With UM/UIM Claims

A lawyer can manage the complexities of your claim, from gathering evidence to negotiating with insurers. At Kidneigh, Kaufman & Crichton, P.C. P.C., we ensure that your rights are protected and you receive the compensation you deserve.

Case Examples (Hypothetical)

Imagine a scenario where you’re hit by a driver who then flees the scene. Without UM coverage, you might struggle to cover medical expenses. Hypothetical case studies like this highlight the importance of UM/UIM coverage.

Preventing Underinsurance

Ensure you understand your insurance policy’s limits and what they cover. Opting for higher UM/UIM coverage can save you from significant financial stress in the event of an accident.

The Role Of Your Insurance Company

Your insurer should guide you through the claims process, but remember, their goal is to minimize what they pay out. Effective communication and understanding their processes can aid in smoother negotiations.

Negotiating Settlements

Negotiating with insurance companies can be daunting. Armed with evidence and legal support, you can effectively argue for a fair settlement.

Legal Landscape: Recent Changes And Impact

Colorado has seen legislative changes aimed at providing better protection for motorists regarding UM/UIM coverage. These changes help ensure fairer handling of these claims.

Conclusion

Understanding your UM/UIM coverage and knowing how to effectively navigate these claims is crucial. If you’re unsure or need assistance, don’t hesitate to contact Kidneigh, Kaufman & Crichton, P.C. P.C. for expert legal guidance. Please call Kidneigh, Kaufman & Crichton, P.C. if you need help.