You can either file a claim with your own insurance company or sue the at-fault party directly if the at-fault party doesn't have insurance. It is important to be aware of the various possibilities that can arise in the event of an accident; even though it may be expected that the other driver has auto insurance, this is not always the case.

Knowing your options if you find yourself in a situation with an uninsured motorist is essential. Contact an experienced Denver car accident lawyer at DCAL today for a free consultation!

Determining Fault in a Car Accident

Determining who is to blame for a car accident can be tricky, so everyone involved and any witnesses must provide information. When an insurance company is involved, they determine who was at fault for the accident. Once a conclusion has been reached regarding the individuals responsible for a multi-car crash, one or multiple insurers will pay for medical expenses and damages to vehicles.

In some cases, your and the other party's insurer may agree to split the costs of the damages, such as 80% going to you and 20% to them.

Your Options if the At-Fault Party Does Not Have Car Insurance

It is recommended that drivers purchase uninsured and underinsured motorist coverage; this type of protection could provide you with financial help if you get into an accident with a driver who has inadequate insurance. Furthermore, some states require both types of coverage.

man and woman exchanging information after a car accident in Denver

If the driver who caused the accident had only minimal insurance and it didn't cover your costs, your underinsured motorist coverage can make up the difference. If you're involved in an accident and the driver doesn't have enough coverage, filing a claim promptly will help you receive the compensation you deserve.

If you think your insurance company is undervaluing your claim, consider hiring a car accident attorney. They have experience in dealing with insurance companies and can take legal action if necessary. To support your case, they will ask for evidence of injury, medical care, and car damages.

Not all states mandate coverage for uninsured and underinsured motorists, so not everyone carries it. If you are one that does not have coverage, you can always take legal action against the person responsible for the accident. Consulting with an automobile accident attorney can be a great benefit to you in this situation while they seek out what is advantageous for you.

Handling a Car Accident with an Uninsured Driver

1. Dial 911 For Help.

No matter the insurance status of someone involved in a car accident, it is wise to alert the police. This is especially true if they are uninsured as their report can help with any claims that need to be made or expenses that need covering. Seek medical attention if needed for any bodily injury.

2. Exchange Information.

Even if they don't have insurance info, make sure to get the contact and vehicle details of those involved. Also remember to ask any witnesses for their contact information, as their statements could be useful when filing a claim.

FAQ: How do I file a car accident claim in Denver?

3. Document Everything.

When dealing with your insurance company, it is important to document the make and model of the vehicle involved, the time and location of the accident, and the name and badge number of the responding officer. Additionally, note any other details that may be relevant.

4. Take Photos.

Obtaining information about the damages to each vehicle, the VIN number of the other vehicle, license plate, nearby traffic signs, and directions of travel are all key details that are necessary to include on an insurance claim and help with legal options.

Do You Need an Attorney For an Uninsured Driver Claim?

Insurance companies, including your own, are renowned for denying claims that are otherwise valid. Your insurer will assess your uninsured motorist claim with vigilance. They might suggest your traumas already existed or query the magnitude of your harm.

Individuals seeking maximum compensation after an uninsured motorist accident should consult with a personal injury attorney. The lawyer can communicate and negotiate with the insurance provider while the client focuses on healing.

man taking pictures after a car accident, At-Fault Party Doesn't Have Insurance

Working with a personal injury lawyer can assist you in getting full compensation for your medical bills, discomfort, lost wages, and any other damage that has decreased the quality of your life. It can be difficult to receive this kind of reparation without legal help.

Recoverable Damages in an Uninsured Motorcycle Accident Case

The state mandates that drivers must have a minimum level of car insurance, which must include $15,000 in coverage for the other vehicle's repair costs. Call DCAL today and speak to a member of our dedicated motorcycle accident lawyer team today!

If the at-fault driver of a motorcycle accident doesn't have insurance, you can sue them and seek financial compensation from them directly, such as through a lien or wage garnishment. Your car insurance will cover any difference in costs if their coverage isn't enough to cover the damage.

Filing Lawsuits Against At-Fault Drivers

1. File a Complaint

To begin a lawsuit in most places, the plaintiff must submit a document to the court called the complaint (sometimes referred to as a "petition" in certain states). The complaint typically includes numbered paragraphs outlining what happened, the demanded compensation, and why a legal suit is being brought. When this is filed with the court, then the lawsuit has officially started.

2. Deliver the Complaint to the Defendant

In the United States, legal proceedings require notice to be given to the relevant parties. This means that if you're accused of a criminal offense, the state has to notify you of the charges and provide you with an opportunity to defend yourself in court.

FAQ: What will a car accident lawyer do for me in Denver?

Informing someone of a lawsuit involves giving them a copy of the complaint and summons. The rules for who may serve it, when to do so, and how, differ from one jurisdiction to another. Normally, the plaintiff must serve the defendant within 30 days. If it's hard to locate them, this time limit can usually be extended.

3. The Defendant Submits Their Answer 

When responding to a plaintiff's complaint, the defendant must address each of the factual allegations and set out any legal defenses in their answer.

4. Discovery

Through discovery, both parties share information that may be useful in finding evidence. The goal is to give each side the information they need to build their case. This includes written questions, requests for documents, and sworn statements.

5. Trial

Once discovery is done, both sides should have enough information for the court case. The trial typically starts with each side's opening statement, the plaintiff presenting their evidence, and the defendant questioning the plaintiff's witnesses. Afterward, the defendant will present their argument and the plaintiff will cross-examine the defendant's witnesses before concluding with closing statements.

woman sitting on a curb after a car accident in Denver

After both sides conclude their arguments, the jury or judge will discuss and reach a decision based on the "preponderance of the evidence" - either favoring the plaintiff or defendant. If the judgment is in favor of the plaintiff, damages will be ordered to be paid by the defendant.

Contact a Denver Car Accident Lawyer Today for Help

Contact Denver Car Accident Lawyers to speak with a Denver personal injury attorney to help with your liability coverage and vehicle damages. Call (720) 770-5454 for a free case review as a car accident victim for help for fair compensation in your accident lawsuit. 

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