
If you are in a car accident and don’t have insurance, what happens afterward depends on who was at fault for the crash. If the other driver was responsible, you may be allowed to recover compensation from their insurance provider.
However, if you were responsible for the accident, the other driver may pursue legal action against you to recover their compensable losses.
Either way, you should consider hiring a Colorado uninsured car accident lawyer. Motor vehicle collision claims involving one or more uninsured drivers are complex. Accepting guidance from an experienced attorney may help you obtain the best possible outcome for your future.
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What to Do After a Car Accident With an Uninsured Driver
A car crash can be a traumatic experience. Your health and safety are the immediate priorities. After any type of auto accident, we recommend that you take the following steps:
- Call for emergency medical assistance if you or anyone involved in the accident is injured. If you do not receive medical care at the crash site, see a doctor as soon as possible. Not all injuries are immediately evident.
- If the other driver does not have insurance, they may try to convince you not to call the police, but you should do so anyway. Not only is it legally required in most situations, but it is also crucial for your personal injury claim. Be honest with the responding officer, but don’t assume any blame for the accident. Stick to the facts.
- Exchange contact information, driver’s license information, and insurance information (if applicable) with the other drivers.
- Take pictures of the damage to all vehicles, your injuries, and the accident scene.
- Collect names and contact information from any eyewitnesses.
- Consider hiring a personal injury attorney before speaking with insurance adjusters or anyone else.
Penalties for Driving Without Auto Insurance in Colorado
Because liability insurance is mandatory in Colorado, you may face legal consequences if you lack insurance. According to CO Rev. Stat. § 42-4-1409, driving a car without insurance is generally a class 1 misdemeanor traffic offense.
Penalties may include one or more of the following:
- Between 10 days and one year in jail
- Between $300 and $1,000 in fines
- License suspension until you offer proof of insurance
- Points on your driver’s license
- Community service
Colorado’s Minimum Car Insurance Requirements
According to the Colorado General Assembly, liability insurance is mandatory for all vehicles in the state. If the vehicle owner (or someone the owner has permitted to drive their car) causes an accident, this insurance covers the other driver’s damages up to the policy limit.
The minimum liability insurance coverage car owners must carry includes:
- $25,000 for one individual’s injuries or death in an accident
- $50,000 for all who suffered injuries or death in one accident
- $15,000 for property damage in one accident
Pursuing Compensation When an Insured Driver Is at Fault for a Car Crash
Colorado is an at-fault state, meaning liable parties are responsible for victims’ losses in a car accident. So, while uninsured drivers may face legal penalties for their lack of insurance, if they are not at fault for an accident, they can file an insurance claim and/or personal injury lawsuit to recover damages from the responsible party’s insurance company.
You may recover your economic losses, such as:
- Current and future medical bills
- Current and future lost income
- Diminished earning capacity
- Property damage
- Necessary home and vehicle modifications
- Household services you cannot perform due to your injuries
You may also recover non-economic losses, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of life
If you lost a loved one in a car accident, your family may qualify for wrongful death damages, such as:
- Funeral and burial costs
- Loss of household income and services
- Medical bills
- Loss of consortium and companionship
Most claims are settled through negotiations. However, if negotiations fail to produce a settlement that compensates you for your losses, you may seek a compensation judgment through the courts. Working with a personal injury lawyer may help you recover the compensation you deserve.
Can I Recover Compensation if the At-Fault Driver Is Uninsured?
If the at-fault driver does not have car insurance, you may turn to your insurance for help in some circumstances, especially if you carry uninsured/underinsured motorist (UM/UIM) coverage.
UM/UIM is optional in Colorado. This coverage protects insured drivers from financial losses if they are involved in an accident with a hit-and-run driver, a driver with no car insurance, or a driver with limited car insurance.
If you don’t carry UM/UIM insurance or your damages exceed your policy’s limits, your car accident attorney can advise you of your options.
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How an Uninsured Car Accident Attorney Can Help You After a Crash
Whether the uninsured driver is you or another party, it’s often wise to work with a Colorado car accident lawyer after a crash. Your attorney can:
- Advise you of your options for recovering compensation
- Explain your legal rights
- Gather evidence to prove negligence and liability
- Handle the entire legal process for you while you focus on healing from your injuries
Colorado’s Statute of Limitations to Take Legal Action After a Car Crash
A lawyer can also help you meet the statute of limitations. Car accident victims generally have three years to take legal action against the at-fault party.
If they miss the deadline, Colorado’s statute of limitations (CO. Rev. Stat. § 13-80-101) may prevent them from filing a personal injury lawsuit.
Contact Matlin Injury Law Today for Help With Your Car Accident Claim
Call our legal team for help if you have been involved in a car wreck with an uninsured driver. We offer personalized legal representation by developing legal plans that fit our clients’ unique needs.
We will travel to you if you cannot come to us. You will always have direct access to your attorney and won’t lose time going through a case manager or office assistant.
We will even give you access to our app, which allows you to track your case with daily updates. We are here to protect you and your future.
Call or text 303-777-1000 or complete a Free Case Evaluation form
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