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Why Choose Matlin Injury Law for Your Uninsured Motorist Claim
When you file an uninsured motorist claim, you’re dealing with a challenging process. It requires understanding Colorado insurance law and knowing how to stand up to insurance companies. Matlin Injury Law brings years of experience handling UM/UIM claims for Centennial residents. We understand how insurance companies evaluate these claims and the tactics they use to minimize payouts.
We handle every aspect of your claim. We gather evidence and document your injuries. We negotiate with your insurance company and, if necessary, pursue litigation. You pay nothing upfront. We work on a contingency fee basis, which means you only pay us if we recover compensation for you. Our goal is straightforward: maximize your recovery while you focus on healing.
Every case is different, and we treat each client’s situation with the attention it deserves. We review your insurance policy and investigate the accident thoroughly. We build a strong case on your behalf. When insurance companies deny claims or offer inadequate settlements, we fight to get you the compensation you’re entitled to receive. Our Centennial car accident lawyers have recovered millions for injured clients. We’ve handled cases involving serious injuries and complex liability disputes.
What Is an Uninsured Motorist Claim?
An uninsured motorist (UM) claim allows you to recover damages from your own insurance policy. This applies when you’re injured by a driver who carries no insurance. Colorado requires all drivers to carry minimum liability coverage, but many drivers ignore this requirement. When you’re hit by one of these uninsured drivers, your uninsured motorist coverage steps in to cover your medical expenses, lost wages, pain and suffering, and other damages.
Underinsured motorist (UIM) coverage works similarly but applies when the at-fault driver’s insurance limits are too low. For example, if you suffer $100,000 in damages but the other driver only carries $25,000 in coverage, your underinsured motorist coverage can bridge that gap. Understanding the difference between UM and UIM is critical to protecting your interests.
Colorado requires insurers to offer UM/UIM coverage equal to your liability limits. Your liability limits have minimum requirements of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. However, you may reject UM/UIM coverage in writing. This is why reviewing your auto insurance policy is essential.
Uninsured motorist claims differ from standard at-fault claims in important ways. You’re not suing the other driver directly. Instead, you’re making a claim against your own insurance policy. This means your insurance company becomes the defendant in negotiations or litigation. Understanding this distinction is crucial because insurance companies approach UM/UIM claims differently than they handle claims against other drivers’ policies.
How Uninsured Motorist Claims Are Handled
Filing an uninsured motorist claim involves several steps. First, you report the accident to your insurance company. You provide details about what happened. Your insurance company assigns a claims adjuster to investigate. The adjuster reviews the police report, interviews witnesses, examines vehicle damage, and reviews your medical records. This investigation phase is critical to establishing liability.
Next comes the evaluation phase. Your insurance company determines whether the other driver was at fault. They also determine whether your injuries are covered under your policy. They calculate the value of your claim based on your medical expenses, lost wages, pain and suffering, and other damages. This is where experience matters. Insurance companies often undervalue claims. Many injured drivers accept inadequate settlements without understanding their true worth.
If you disagree with your insurance company’s evaluation or settlement offer, you can negotiate. This is where having an attorney becomes important. We present evidence supporting a higher valuation. We challenge the insurance company’s assumptions. We push back against lowball offers. We know what similar claims have settled for. We use that knowledge to advocate for fair compensation. Read our guide on 9 tips for dealing with insurance companies.
If negotiation doesn’t produce a fair settlement, litigation may be necessary. We file a lawsuit against your insurance company. We present your case to a judge or jury. Throughout this process, we handle all legal work while you recover from your injuries. We gather medical records, depose witnesses, obtain expert opinions, and prepare your case for trial if needed. Our litigation experience ensures your case is presented effectively.
The timeline for resolving a UM/UIM claim varies. Simple cases with clear liability and documented injuries may settle within months. Complex cases involving serious injuries, disputed liability, or coverage questions may take longer. We keep you informed at every stage and explain what to expect next. Transparency and communication are core values at Matlin Injury Law.
What Makes a Strong Uninsured Motorist Claim
Strong UM/UIM claims share common characteristics. First, liability must be clear. Police reports, witness statements, and accident scene evidence should establish that the other driver caused the accident. Second, your injuries must be well-documented. Medical records, imaging studies, and treatment notes create a clear picture of your damages. Proper documentation is essential to claim success.
Third, you need evidence of your economic losses. Medical bills, pay stubs showing lost wages, and repair estimates for vehicle damage all support your claim. Fourth, you should have minimal comparative negligence. Colorado follows comparative negligence rules. If you share fault for the accident, your recovery is reduced proportionally. If you are found 20% at fault, your recovery is reduced by 20%.
Insurance companies look for reasons to deny or minimize claims. They may argue that your injuries preexisted the accident. They may claim your medical treatment was unnecessary. They may say you failed to reduce your damages. They may also claim that you were partially at fault. We counter these arguments with evidence, expert opinions, and legal arguments that protect your interests. Our Colorado car accident attorneys have successfully challenged countless insurance company denials.
We also watch for insurance company bad faith. Some insurers delay investigations, ignore evidence, or refuse to communicate. Bad faith conduct can result in additional damages beyond your actual losses. We document all communications and are prepared to pursue bad faith claims when appropriate. Protecting your rights is our priority.
Get Help With Your Centennial Uninsured Motorist Claim
If you were injured by an uninsured motorist in Centennial, you don’t have to handle the claims process alone. Matlin Injury Law handles the legal work while you focus on recovery. We investigate your accident, evaluate your claim, negotiate with your insurance company, and pursue litigation if necessary. You pay nothing upfront—we work on contingency. Our personal injury law firm is committed to your success.
Colorado law sets a three-year statute of limitations for filing UM/UIM claims from the date of the accident. Don’t delay. Contact Matlin Injury Law today for a free consultation. We’ll review your case, explain your options, and answer your questions. Call (303) 487-8911 to get started. Our team is ready to fight for the compensation you deserve.
Learn more about choosing the best car accident lawyer to represent your interests.
FAQs
What happens if the other driver doesn't have insurance?
If the other driver has no insurance, you file a claim with your own insurance company. You file under your uninsured motorist coverage. Your insurance company then investigates the accident and evaluates your claim. You’ll need to provide documentation of the accident, your injuries, and your damages. Your insurance company may offer a settlement, or you may need to pursue the claim further if their offer is inadequate. Learn more about what to do after a car accident.
Can I file a claim if I was hit by a hit-and-run driver?
Yes. Hit-and-run accidents are treated as uninsured motorist claims in Colorado. Even though you cannot identify the other driver, your UM coverage applies. You’ll need to report the accident to police and provide your insurance company with a police report. Hit-and-run claims can be more challenging because you lack information about the other driver. However, your UM coverage still protects you. Centennial hit-and-run accident victims have specific legal protections under Colorado law.
Can I file a claim if I was hit by a hit-and-run driver?
Uninsured motorist coverage applies when the other driver carries no insurance at all. Underinsured motorist coverage applies when the other driver has insurance, but the limits are insufficient to cover your full damages. Both types of coverage are important protections in Colorado. Many drivers mistakenly believe their liability coverage is sufficient, but understanding your coverage limits is critical.
Do I need uninsured motorist coverage in Colorado?
Colorado does not require UM/UIM coverage, but it is strongly recommended. Approximately 17.5% to 19.7% of Colorado drivers are uninsured. Colorado ranks among the top 10 states nationally for uninsured motorists. This means the risk of being hit by an uninsured motorist is significant. Without UM/UIM coverage, you would have no way to recover damages if hit by an uninsured driver. Most insurance agents recommend carrying UM/UIM limits equal to your liability limits. If you’ve been injured, our Centennial injury lawyers can review your coverage and advise you on your options.
How long does an uninsured motorist claim take to resolve?
Most uninsured motorist claims resolve within 6 to 12 months, though some take longer. The timeline depends on the complexity of your injuries, the clarity of liability, and whether your insurance company cooperates. We work to resolve claims efficiently while ensuring you receive fair compensation. For more details, see our FAQ on how long the car accident claim process takes.
What damages can I recover in a UM/UIM claim?
You can recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In cases involving gross negligence, punitive damages may also be available. The total recovery depends on the severity of your injuries and the limits of your UM/UIM coverage. Learn more about types of damages in personal injury car accident claims.
Will my insurance rates increase if I file a UM/UIM claim?
Filing a UM/UIM claim may affect your insurance rates. Insurance companies can consider claim history when calculating premiums. Rate increases must comply with Colorado Division of Insurance regulations and cannot be based on unfair discrimination. We can explain how filing a claim may affect your specific policy. Understanding these implications is part of our comprehensive case evaluation.
What if the uninsured driver is found and sued?
If the uninsured driver is later identified and located, your insurance company may pursue a subrogation claim against that driver. They seek to recover what they paid you. This doesn’t affect your recovery—you keep the settlement or judgment you received. Subrogation is your insurance company’s right to pursue the at-fault driver for reimbursement. Our team handles all aspects of this process.
What if I'm partially at fault for the accident?
Colorado’s comparative negligence law allows you to recover even if you share fault. You can recover as long as you are less than 50% at fault. Your recovery is reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $100,000, you recover $80,000. We work to minimize your assigned fault and maximize your recovery. See our detailed explanation of what happens if a car accident was partially your fault.
Can I sue the uninsured driver directly?
Yes, you can sue the uninsured driver directly in addition to filing a UM/UIM claim. However, collecting a judgment from an uninsured driver is often difficult. They may lack assets or income. Most injured drivers pursue their UM/UIM coverage first. This is more likely to result in actual payment. Our attorneys advise clients on the most effective strategy for their specific situation.
What if my insurance company denies my UM/UIM claim?
If your insurance company denies your claim, you have the right to appeal. If necessary, you can pursue litigation. We review the denial letter and identify the reasons for denial. We determine whether the denial is justified. Many denials are improper, and we challenge them aggressively. If litigation becomes necessary, we file a lawsuit against your insurance company. Don’t accept a denial without consulting an attorney.
Do I have a case if my injuries seem minor?
Even minor injuries can result in valid claims. If you incurred medical expenses and lost wages, you have damages worth pursuing. Insurance companies sometimes underestimate the value of minor injury claims. We ensure you receive fair compensation for all your losses, including pain and suffering. Every injury deserves proper evaluation and representation.
