You did everything right. You were driving safely, following the rules of the road — and another driver hit you. Now you’re dealing with injuries, medical bills, and missed work. And then you find out the driver who caused the accident has no insurance.
It’s a frustrating and frightening situation. But it doesn’t mean you’re out of options.
Here’s what you need to know about recovering compensation after an accident with an uninsured or underinsured driver in Colorado and Nevada.
1. How Common Is Uninsured Driving?
Uninsured driving is more prevalent than most people realize. Studies consistently show that a significant percentage of drivers on the road at any given time carry no auto insurance — despite legal requirements in both Colorado and Nevada. The problem is compounded by underinsured drivers who carry the minimum required coverage, which may be woefully inadequate in a serious accident.
In Colorado, the minimum required liability coverage is $25,000 per person / $50,000 per accident for bodily injury. In Nevada, the minimum is $25,000 per person / $50,000 per accident as well. These minimums can be exhausted quickly in accidents involving serious injuries, surgeries, or long-term disability.
2. Your First Line of Defense: Uninsured/Underinsured Motorist Coverage
The most important protection against an uninsured or underinsured driver is UM/UIM coverage on your own auto insurance policy.
Uninsured Motorist (UM) Coverage pays for your injuries and damages when the at-fault driver has no insurance at all — including hit-and-run accidents where the driver flees and cannot be identified.
Underinsured Motorist (UIM) Coverage pays the difference between the at-fault driver’s policy limits and your actual damages, up to your own policy limits.
Colorado Requirements:
Colorado law requires all auto insurers to offer UM/UIM coverage to every policyholder. If you want to decline it, you must do so in writing. Many drivers don’t realize they have this coverage — or that they waived it without fully understanding what they were giving up.
Nevada Requirements:
Nevada similarly requires insurers to offer UM/UIM coverage. As of recent Nevada law changes, uninsured motorist coverage must be offered at the same limits as your liability coverage unless you affirmatively choose lower limits.
If you haven’t reviewed your auto policy recently, now is the time. UM/UIM coverage is one of the most valuable and cost-effective protections available to drivers in both states.
3. Filing a UM/UIM Claim: What to Expect
Filing a UM/UIM claim is made through your own insurance company — but don’t assume your insurer will treat you fairly simply because you’re their customer. Insurance companies have a financial interest in minimizing every claim, including claims made by their own policyholders.
The UM/UIM claims process involves:
- Establishing that the at-fault driver was indeed uninsured or underinsured
- Documenting your injuries and damages just as you would in a standard personal injury claim
- Negotiating with your own insurer for fair compensation
- If negotiations fail, potentially submitting to arbitration (required under many Colorado and Nevada UM/UIM policies) or filing a lawsuit against your own insurer
Having an attorney represent you in a UM/UIM claim often results in a significantly higher recovery than handling it alone — even accounting for legal fees.
4. Can You Sue an Uninsured Driver Directly?
Yes. You can file a personal injury lawsuit against an uninsured driver just as you would against any at-fault party. The challenge is collectability — if the driver has no insurance, they likely have limited assets from which a judgment can be satisfied.
That said, a judgment is not worthless. Depending on the driver’s financial circumstances, you may be able to:
- Garnish wages — a portion of the driver’s paycheck can be diverted to satisfy a judgment
- Place a lien on real property — if the driver owns a home or other real estate
- Collect over time — judgments in Colorado and Nevada can typically be renewed and remain collectible for many years
Additionally, financial circumstances change. An uninsured driver who has limited assets today may have more in the future.
5. Hit-and-Run Accidents
Hit-and-run accidents — where the at-fault driver flees the scene and cannot be identified — present a unique challenge. You cannot make a claim against an unknown driver. However:
- UM coverage typically covers hit-and-run accidents in both Colorado and Nevada, treating the unidentified driver as an uninsured motorist
- Physical contact requirements vary by policy — some UM policies require that the vehicle made physical contact with yours (as opposed to a sideswipe or forced-off-the-road scenario)
- Reporting requirements apply — you must report the hit-and-run to law enforcement promptly to preserve your UM claim
If you’ve been involved in a hit-and-run, call the police immediately, document the scene, and consult with an attorney before contacting your insurance company.
6. Medical Payments Coverage (MedPay)
In addition to UM/UIM coverage, Medical Payments (MedPay) coverage on your own auto policy can help cover immediate medical expenses regardless of fault. MedPay is a no-fault coverage that pays for your medical bills up to the policy limit — typically $1,000 to $10,000 — without waiting for liability to be established.
Colorado insurers are required to offer MedPay coverage. If you have it, it can provide immediate relief for medical bills while your larger claim is being resolved.
7. What to Do After an Accident with an Uninsured Driver
- Call 911 and ensure a police report is filed. This documents the at-fault driver’s lack of insurance officially.
- Photograph the scene, vehicles, and any injuries.
- Collect the other driver’s information — even uninsured drivers have a name, address, and license plate number. This information is needed whether you pursue a UM claim or a direct lawsuit.
- Notify your own insurance company of the accident promptly — most policies have prompt-notice requirements.
- Do not give a recorded statement to any insurer without consulting an attorney first.
- Consult a personal injury attorney before accepting any settlement from your own UM/UIM insurer — these claims are negotiated just like third-party claims, and early offers are rarely the best offers.
An Uninsured Driver Doesn’t Mean an Uncompensated Injury
The absence of liability insurance on the at-fault driver’s part is a setback — but it is not the end of your claim. Between UM/UIM coverage, MedPay, direct lawsuits, and judgment enforcement, there are meaningful paths to recovery.
An experienced personal injury attorney can evaluate all of your options and help you pursue the maximum available compensation under the circumstances.
Talk to Kim Welch Law Today
If you’ve been injured by an uninsured or underinsured driver in Colorado or Nevada, call Kim Welch Law for a free consultation.
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.