Visitor Question

Damages are more than at-fault driver’s bodily injury liability coverage?

Submitted By: Julie (Niwot, Colorado)

My 2 kids and I were involved in an auto accident in Colorado. An underage, unlicensed driver (he only had a permit and no adult in the car with him), didn’t yield to my right of way and I T-boned him, totaling both cars. We were all taken to the hospital via ambulance and released later that night.

The at-fault driver was ticketed and prosecuted by the DA for driving without a license. His insurance accepted total liability. My injuries resulted in a major reconstructive surgery of my left wrist with pins and immobilization for 10 weeks, then PT for 4.5 months.

The declaration page of the at-fault driver’s insurance states his Bodily Injury Liability (BIL) coverage as $25,000 per person and $50,000 per accident limit. My medical bills along with the pain and suffering compensation I calculated are higher than their maximum BIL limit of $50,000.

How do I determine if they have assets to go after for compensation with a lawsuit? If they don’t, it doesn’t seem worth my time to go that route. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Julie ,

Since your medical bills are in excess the driver’s insurance limits, you can consider filing a claim under your own uninsured/underinsured motorist (UIM) coverage.

Colorado law does not require drivers to carry UIM insurance coverage. In Colorado, insurance companies are required to offer minimum UM/UIM in the same amount as the bodily injury liability limits chosen in the insured’s primary coverage. However, drivers may reject such coverage. Check your policy to see if this is an available option.

UIM insurance covers medical and other expenses when you are hit by a driver without sufficient insurance to cover your injuries and resulting expenses.

In the event you did not carry UIM and want to pursue the driver, consider retaining a local personal injury attorney. An attorney can initiate an investigation into the driver’s assets. It’s difficult for you to do this on your own if you don’t have legal training. Assets may include stocks, bonds, property, etc. Some of these assets may be subject to confiscation. Most personal injury attorneys do not charge for initial office consultations.

 

Learn more here: Colorado Car Accident Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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