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Can I still recover damages if the person who hit me doesn’t have insurance?

Posted in Blog on August 27, 2015

There’s not much worse than being in an auto accident, except being hit by someone who isn’t insured. Even though Colorado law requires all drivers carry auto insurance, some don’t, and this complicates things when you’ve been damaged by an uninsured motorist. If you have uninsured motorist coverage included with your auto insurance policy, your chances of recovering your damages are much easier; if you don’t, you have the option to sue the driver who hit you.

Naturally, if somebody hit you, it’s safe to assume that he or she is at fault. This is something that your insurance company will try to establish when reviewing your accounting of the accident, any police reports that were filed, the damages to your vehicle and your person, and so on. If it is determined that the person who hit you is at fault, you have a stronger leg to stand on, and recovering your damages should be much easier.

Uninsured Motorist Coverage

If you have uninsured motorist coverage included in your auto insurance policy, your damages should be covered up to the maximum amount of your coverage. For example, if you have $100,000 worth of uninsured motorist coverage, you may be able to recover up to $100,000 of your total damages if your attorney can prove your damages equal $100,000.00 Anything that exceeds that will not be covered by your insurance policy, and you might need to seek the additional compensation from the uninsured driver.

If you do not have uninsured motorist coverage included in your insurance policy, your auto insurance company will likely not pay for any of your damages. In this case, you have the option to pursue the uninsured motorist who hit you, but be prepared for a battle.

Taking Legal Action Against the Motorist

If a person is not carrying the auto insurance that Colorado requires, chances are the reason why is because they cannot afford it. This does not mean that they aren’t responsible for your damages; it just means you will probably have a harder time recovering them. You might have to pursue your damages in a court of law and if judgment is awarded in your favor, the defendant—the person who caused the accident—might not have the money to pay the judgment and can always file bankruptcy to get out of it.

If it sounds as if things are getting complicated, that’s because they are. When you’ve been hit by an uninsured motorist, your first step is to seek legal guidance. An attorney can review your auto insurance policy to check if you have uninsured motorist coverage. If you do, the attorney can move forward protecting you while your insurance company sorts out the accident mess. You don’t want to do something that would void your coverage, and legal counsel can help prevent that.

If you don’t have uninsured motorist coverage or your coverage is inadequate, you still have a right to file a claim to cover your damages. Contact Zaner Harden Law at 303-563-5354 to discuss your auto accident. We are well versed in cases involving the victims of uninsured motorists, and we will seek compensation for your damages from your insurance company and/or the person who hit you. Learn more at: www.zanerhardenlaw.com.

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