According to the Insurance Research Council, Colorado has one of the highest rates of uninsured drivers in the United States, with estimates ranging between 15 and 25 percent.
An uninsured motorist claim may be made in various circumstances but usually when the at-fault, negligent driver has no insurance. Uninsured motorist claims can also be made when the collision is caused by a hit-and-run or miss-and-run driver. An underinsured motorist claim usually arises when the at-fault driver has some insurance but not enough insurance to fully compensate the injured victim of an automobile accident. For example, if your claim is worth $40,000.00 and the underinsured driver only has $25,000.00 then you are said to be under insured by the difference or $15,000.00. Generally, once you have obtained the $25,000.00 policy limits from the negligent driver's insurance carrier you may pursue the claim against your own under insured motorist policy for the additional $15,000.00.
Ideally, you could make a claim with your own insurance company and everyone would happily agree on a fair value for your personal injuries. In reality, your own insurance company steps in the shoes of the at-fault driver for purposes of negotiations on an uninsured or underinsured motorist claim. Thus, any argument that the negligent driver could make can be made by your own insurance company. This is perfectly legal even if the at-fault driver was a drunk driver, a hit and run driver or if you sustained extremely serious injuries such as a brain injury, broken bones or a spine injury.
In this context it is normal for your own insurance adjuster to minimize the extent of your injuries and treatment. In fact, to keep his or her job, the adjuster must find as many inconsistencies or pre-existing conditions in your records to try and pay less on the claim. The adjuster can also dispute how the automobile accident happened and attempt to place blame on you for the collision. This is true even if the driver was uninsured because his license was revoked. Insurance companies have professional claims adjusters and insurance attorneys - - you need an expert in your corner.
Get permission before settling your claim with the negligent driver's insurance company.
It is extremely important, if not imperative to obtain permission from your own insurance carrier before settling with the at-fault, negligent driver's insurance carrier. If you fail to get this permission, in writing, before settling, your own underinsured motorist carrier may have grounds to deny your claim entirely. To better understand this you should contact us to speak with an attorney at Norton Law Offices. You may want to fill out the Ask A Lawyer form above but this particular topic will likely require an actual meeting because of the complexity of the issues.
How much is my case worth? The value of your uninsured or underinsured motorist claim requires an analysis of many factors. These include things such as the amount of wage loss, the amount of medical bills, the extent and duration of treatment, the various diagnosis, the type of medication taken, the prognosis, the type and reputation of your health care providers, the extent of disability and many other factors. If you intend on hiring an attorney, it is important that you do not attempt to negotiate before talking to the attorney. It is often very difficult to save a case or recover the true value once a client has set lower expectations with an insurance adjuster.
To understand your rights Call Denver personal injury lawyer
Dallas Norton at 303-400-8100
Contact knowledgeable personal injury attorney Dallas D. Norton, Esq. for a free consult and analysis about your coverage and claim. Since we work primarily on a contingency fee basis, our goal is to recover as much as possible from your insurance carrier. Feel free to call to discuss options for getting the most out of your automobile accident/personal injury uninsured or underinsured motorist (UM/UIM) coverage.
We can present your personal injury or wrongful death claim against your own insurer. If necessary, we can advise you about filing suit against your own insurer.
Colorado law regarding under insured motorist coverage changed
effective January 1, 2008.
Prior to the change, your own insurance company received an offset for the amount of the at-fault driver's insurance policy. Now the innocent victim of a negligent underinsured motorist is permitted to stack his own coverage on top of the negligent driver's automobile insurance liability coverage. In some cases this has doubled or even quadrupled the insurance coverage available to injured people. To learn more about your rights with difficult UM/UIM insurance claims, contact Dallas D. Norton. You may also fill out the Ask A Lawyer form on this page and Mr. Norton will receive an e-mail almost immediately. In-home, evening and weekend appointments are available.