After a car accident in Alamosa, discovering that the other driver has no insurance can make an already difficult situation more stressful. You may have medical bills, vehicle damage, missed work, and other losses, yet the person who caused the crash may not have an insurance policy available to pay your claim.
Fortunately, an uninsured driver does not necessarily mean you have no way to recover compensation. Your own auto insurance coverage may provide protection, and additional options may exist depending on the circumstances of the accident. At Larson Law Firm, we help injured people in Alamosa evaluate their insurance coverage and determine how to pursue compensation after serious motor vehicle accidents.
Colorado generally requires drivers to maintain liability insurance. However, some motorists still drive without valid coverage.
When an insured driver causes an accident, the injured person will commonly pursue a claim against that driver's liability coverage. If the at-fault driver is uninsured, that source of compensation may not exist.
The next step is often to determine whether the injured person's own policy includes uninsured motorist coverage.
An uninsured motorist claim can involve many of the same issues as a claim against another driver's insurer. Questions can arise over fault, the severity of the injuries, necessary medical treatment, lost income, and the value of other damages.
Our Alamosa motor vehicle accident attorneys can review the available insurance policies and investigate potential sources of recovery after a collision.
Uninsured motorist coverage, commonly called UM coverage, is designed to protect an insured person when the driver responsible for an accident does not have applicable liability insurance.
Colorado insurers generally must offer uninsured and underinsured motorist coverage with automobile liability policies, although a named insured may reject this coverage in writing.
This makes reviewing your actual insurance policy important. Do not assume you have or do not have UM coverage based solely on what you remember selecting when you purchased the policy.
If you have uninsured motorist coverage, you may be able to make a claim with your own insurance company for losses caused by the uninsured driver.
That does not mean the claim will automatically be paid in full. Your insurer can still investigate the Alamosa accident and evaluate the damages.
Uninsured and underinsured motorist coverage address related but different problems.
Uninsured motorist coverage applies when an at-fault driver has no applicable liability insurance. Underinsured motorist coverage can become relevant when the other driver has insurance, but the available liability limits are insufficient to cover the injured person's damages.
For example, imagine an Alamosa driver suffers severe injuries requiring extensive medical care. The person who caused the accident has insurance, but the policy limit is far below the value of the resulting losses.
Underinsured motorist coverage may provide an additional source of compensation, subject to the applicable policy and Colorado law.
Both forms of coverage can be particularly important after accidents involving catastrophic injuries because medical costs and lost income can quickly exceed minimum insurance limits.
An injured person may be able to pursue a legal claim directly against an uninsured driver who caused an accident.
The practical issue is whether the driver has sufficient assets or income to satisfy a judgment.
Someone who does not carry automobile insurance may also have limited financial resources. Even if the injured person establishes liability and obtains a judgment, collecting the full amount can be difficult.
That does not mean a claim against the driver should automatically be dismissed as an option. An attorney can investigate the circumstances and determine whether other sources of recovery may exist.
The facts surrounding an Alamosa accident may also reveal that another person or business shares responsibility for the collision.
Sometimes the uninsured driver is not the only potentially liable party.
Consider an accident involving someone driving for an employer at the time of the crash. Depending on the circumstances, the employer could potentially bear responsibility for an employee's negligent actions within the scope of employment.
Other cases may involve multiple negligent drivers.
Potential sources of liability after an Alamosa collision can depend on issues such as:
Identifying all potentially responsible parties can be especially important when one driver has no insurance.
The compensation available depends on the policy, the injuries, and the circumstances of the accident.
A serious Alamosa car accident can create both immediate expenses and long-term financial consequences. Depending on the case, recoverable damages may include losses such as:
Determining the value of a claim requires more than adding up the bills already received.
For example, a person with a serious spinal injury may need future treatment and may be unable to return to the same type of work. Those future consequences can be significant when evaluating an injury claim.
Drivers sometimes assume that making an uninsured motorist claim will be easy because they are dealing with their own insurance company.
That is not always the case.
An insurer handling a UM claim may investigate whether the uninsured driver was actually responsible, whether the claimant contributed to the accident, whether medical treatment was related to the collision, and how much the claim is worth.
Disagreements can therefore arise between an Alamosa policyholder and their own insurance carrier.
Insurance companies may request medical records, statements, documentation of lost wages, and other evidence. Before accepting a settlement, an injured person should understand whether it reasonably accounts for the full extent of the losses.
Hit-and-run accidents can raise additional insurance issues.
When another driver causes a collision in Alamosa and leaves before providing identifying and insurance information, it may not initially be possible to determine whether that person had coverage.
The accident should be reported promptly, and available evidence should be preserved. Depending on the location and circumstances, surveillance cameras, witnesses, vehicle debris, or photographs may help identify the fleeing vehicle.
Insurance coverage may also be available for certain hit-and-run accidents, depending on the policy and circumstances.
Promptly notifying the appropriate insurer can be important because policies can contain reporting and cooperation requirements.
The steps taken after an Alamosa accident can affect your ability to document what happened and pursue compensation.
When possible:
If the other driver admits to having no insurance, document that information but avoid arguments at the scene.
Your priority should be safety, medical care, and preserving evidence.
An uninsured motorist case can require investigation of both the accident and the applicable insurance coverage.
An attorney can examine how the Alamosa collision occurred, identify potentially responsible parties, review insurance policies, gather evidence of damages, and communicate with insurers.
Legal representation may be particularly important when serious injuries are involved or an insurance company disputes the value of a UM claim.
The absence of insurance on the other vehicle should not lead an injured person to assume there is no potential path to compensation.
Finding out that the person who caused your Alamosa car accident does not have insurance can be frustrating, but it does not necessarily eliminate your options. Uninsured motorist coverage, claims against responsible parties, and other available insurance may provide potential sources of compensation.
If you are dealing with injuries caused by an uninsured driver in Alamosa, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.
I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.
I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.
I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.
I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.
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