What if the Other Driver’s Insurance Won’t Cover All of My Medical Bills?
$25,000. While that sounds like a lot – and it is a lot for most people – if you have been injured in an auto accident this could represent just a small fraction of your accident-related losses.
But, under Colorado law, drivers are only legally required to carry $25,000 in bodily injury liability (BIL) insurance coverage for an individual victim’s injuries. So, if you have been diagnosed with a back injury, neck injury, brain injury or any other condition that will force you to miss time from work while living in pain and seeing doctors on a regular basis, you may find that the at-fault driver’s insurance does not provide just compensation. If this is the case, you potentially have a few options available:
3 Options for Seeking Additional Compensation Beyond an At-Fault Driver’s Insurance Coverage
1. File an Uninsured/Underinsured Motorist (UIM) Claim
Are you paying for uninsured/underinsured motorist (UIM) coverage? If so, filing a claim under your UIM policy maybe your best option. Under the “underinsured” portion of your policy, if your losses exceed the at-fault driver’s insurance coverage, you can use your own coverage to make up the difference.
When filing an underinsured motorist claim, you need to be able to prove (i) that another driver was at fault in the accident, and (ii) that your losses exceed the other driver’s BIL coverage. While proving fault should be less of an issue if the other driver’s insurance company has already accepted liability, you will still need to be very careful to avoid settling for less than you deserve.
2. Sue the At-Fault Driver Directly
If the at-fault driver is uninsured, you also have the option of using the driver directly. However, if a driver is only paying for minimal insurance coverage, as a practical matter he or she may not have enough assets to make filing a lawsuit worthwhile.
3. Pursue Another Source of Financial Compensation
A third option is to pursue an alternate source of financial recovery. This may be an option in your case if:
- There were multiple vehicles involved in the accident;
- The at-fault driver was working at the time of the collision;
- Your accident was the result of a brake failure, tire failure, or other maintenance issue or defect; or,
- An issue with the road (such as a pothole or slippery surface) caused or contributed to the accident.
In any case, in order to protect your rights, it will be important to discuss your situation with an attorney as soon as possible. Our attorneys represent auto accident victims throughout the Denver area, and we invite you to contact us for a free, no-obligation consultation.
Discuss Your Options with a Denver Auto Accident Lawyer for Free
If you would like to schedule a complimentary initial consultation with an auto accident attorney please contact us online. You can reach us 24/7, and our staff will help you schedule a convenient appointment as soon as possible.