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  1. #1
    Join Date
    Jan 2005
    Posts
    6

    Default Uninsured motorist hit me.

    I was hit by an uninsured motorist. I of course am not covered under my policy. I plan on filing a case in small claims. I need to know if there is such a thing as putting a financial hold on her license, and how to go about that. Also, how do I get her to be held liable for having no insurance at the time of the accident? I am in Denver, Colorado - which is relevant. The mother is the owner of the vehicle, the daughter the driver. Can I do a financial hold on both of them?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Auto Accident - Uninsured Driver in Colorado

    Pursuant to the Colorado Revised Statutes,
    Quote Quoting 42-7-401
    (1) The director shall also suspend the license issued to any person upon receiving an affidavit from the judgment creditor that such person has failed for a period of thirty days to satisfy any final judgment in amounts and upon a cause of action as stated in this article, or, in a criminal proceeding arising from the use or operation of a motor vehicle, has failed to comply with the terms of any order of restitution made as a condition of probation pursuant to section 18-1.3-205, C.R.S.

    (2) The judgment referred to means a final judgment of any court of competent jurisdiction in any state or of the United States against a person as defendant upon a cause of action as stated in this article.

    (3) The judgment referred to means any final judgment for damage to property in excess of one hundred dollars or for damages in any amount for or on account of bodily injury to or death of any person resulting from the operation of any motor vehicle upon a highway.
    Thus, assuming you obtain a judgment over $100 for personal injury or property damage resulting from the accident (and it is not subsequently discharged in bankruptcy), it appears that the defendant's driver's license will not be renewed until the judgment is satisfied.

    Additionally, the owner of a car is required to carry insurance to cover permissive drivers of the car:
    Quote Quoting 42-7-413
    (b) The policy of liability insurance shall insure the person named therein and any other person using or responsible for the use of said motor vehicle with the express or implied permission of said insured.
    That suggests liability on the part of the owner, for the failure to carry proper insurance.

    Presumably the police report reflects that the driver was uninsured, and thus a prosecutor will almost certainly review the question of whether the driver should face criminal charges.

  3. #3
    Join Date
    Jan 2005
    Posts
    6

    Default Reporting uninsured motorist

    There is suppose to be a database in Denver Colorado of uninsured motorists. How do I get this woman reported that she was driving without insurance? I have a court date and the court will supposedly report her, but I want to make sure and cover all my bases.

  4. #4
    Join Date
    Jan 2005
    Posts
    6

    Default Rental car

    Supposedly there is a law in Colorado that when involved in an accident the at fault party is required to provide a rental car for the party whose car was damaged. Is this true, and what is the statute? I am dealing w. an uninsured motorist and was told this by the dealership.

  5. #5
    Join Date
    Sep 2004
    Posts
    758

    Default Uninsured Motorist

    With regard to registering the judgment, I suggest you ask the Clerk of the Court what the procedure is, and if the Clerk of the Court is not aware of the procedure that you contact the State Department of Motor Vehicles.

    There should be an established procedure through which the judgment is reported as being from a motor vehicle accident, such that it is registered against the driver, and it probably does not require any special action on your part (as usually if you are representing yourself the court prepares the judgment form).

    Make sure you have the important information about the other driver with you when you go to court - at a minimum, name and address, and if possible, date of birth, driver's license number (and, if you have it, SSN). The more information you have, the more likely it is that the judgment will be properly registered against her license. A lot of that information should be present on the traffic crash report.

    As for the rental car, there may well be a basis for claiming reimbursement for the reasonable cost of a rental, but absent a court's finding of liability it is unlikely that there is a basis to make the allegedly at-fault driver pay for the other driver's rental. You may want to ask the dealer specifically what statute they had in mind, or search the Colorado statutes for it.

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