When driving in Colorado, it's crucial to safeguard yourself against potential risks by ensuring you have adequate underinsured/uninsured motorist (UIM) and medical payment (MedPay) coverages. In Colorado, we live in what is known as an at-fault state. In an at-fault state, the driver who is liable (at fault) for causing an accident is responsible for paying for the resulting damage and/or injury. The insurance company of the at-fault driver is responsible for covering the costs of the other party's damages.
That's a wonderful system if you aren’t at fault and someone hits you, they’re responsible for “making you whole.” Unfortunately, there’s no requirement that every driver carry millions of dollars in insurance just in case they catastrophically injure someone. Sometimes drivers have minimum limits, sometimes they accidentally allow the policy to lapse, sometimes they don’t carry coverage at all to save money. That’s where first-party coverage on your own policy will kick in, for injuries this means UIM and MedPay coverages. These coverages can provide essential protection in the event of an accident, helping to cover expenses that may not be fully addressed by the other driver's insurance. Ensuring that you are protected can mean the difference between an injury that affects you for the rest of your life or dealing with that same injury and losing everything financially in the process.
UIM coverage offers protection in the event of an accident with a driver who lacks adequate insurance, ensuring that your expenses are covered. Understanding the limitations of the policy is crucial for making informed decisions. This includes being aware of the maximum coverage amounts provided by the policy, as well as the specific eligibility criteria that need to be met in order to benefit from the coverage.
MedPay coverage, on the other hand, provides financial support for medical expenses resulting from a car accident, regardless of fault. It's important to understand its limitations, such as coverage limits and exclusions for certain types of treatments.
If you choose not to purchase either of these insurance coverages, the insurance company must confirm that rejection and opt out in writing by the named insured. C.R.S. § 10-4-609(1)(a) (outlining that a policy for motor vehicles must include coverage "protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom; except that the named insured may reject such coverage in writing.") & § 10-4-635(1)(b) ("[a] policy may be issued without medical payments coverage only if the named insured rejects medical payments coverage in writing or in the same medium in which the application for the policy was taken."); See Maxwell v. James River Ins. Co., 401 F. Supp. 3d 1183 (D. Colo. 2019 ).
In some cases, the insurance company may not have adhered to this requirement and have allowed a rejection over the phone, via insurance portal, or by an individual not authorized to reject the coverage. If this occurs, the insurance company will unilaterally deny that coverage in almost all circumstances, unless an attorney steps in to force them to follow the law. In many of those situations, they may still be obligated to provide one or both of the coverages.
When faced with the potentially devastating aftermath of a collision caused by a driver who is uninsured or underinsured, or any crash that results in injury, it is crucial to speak to a legal team to stand up for you and your rights to receive the best possible outcome under the law. If you or someone you love has been hit or injured in a car accident, our experienced legal team can help formulate a legal game plan to set you on the right path to get you what you deserve, contact the experienced government car accident attorneys at Bell & Pollock, P.C today for a free consultation.
