UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Claim for Relief — Breach of Contract (UM/UIM Benefits)
8. Second Claim for Relief — Statutory Bad Faith (C.R.S. §§ 10-3-1115/1116)
9. Third Claim for Relief — Common-Law Bad Faith
10. Damages
11. Jury Demand
12. Prayer for Relief

Caption

DISTRICT COURT, [COUNTY NAME] COUNTY, COLORADO

Court Address: [COURT ADDRESS]

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Colorado [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Colorado, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to C.R.S. § 13-1-124 and the Colorado Constitution, Art. VI, § 9.

5. The amount in controversy exceeds $15,000.00, exclusive of interest and costs.

6. Venue is proper in [COUNTY] County pursuant to C.R.C.P. 98 because [☐ the accident occurred in this county / ☐ Defendant has its principal office in this county / ☐ Plaintiff resides in this county].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Colorado.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating a vehicle at an excessive or unreasonable speed (C.R.S. § 42-4-1101)
☐ Failure to yield the right of way (C.R.S. § 42-4-702)
☐ Following too closely (C.R.S. § 42-4-1008)
☐ Driving under the influence (C.R.S. § 42-4-1301)
☐ Failure to obey a traffic control device (C.R.S. § 42-4-604)
☐ Improper lane change (C.R.S. § 42-4-1007)
☐ Texting while driving (C.R.S. § 42-4-239)
☐ Careless driving (C.R.S. § 42-4-1402)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM/UIM coverage / ☐ did not execute a valid written declination of UM/UIM coverage].

No-Setoff Provision

16. Pursuant to C.R.S. § 10-4-609(2), the UM/UIM coverage available to Plaintiff shall NOT be reduced by a setoff from any other coverage, including but not limited to:

☐ Legal liability insurance
☐ Medical payments coverage
☐ Health insurance
☐ Other uninsured or underinsured motor vehicle insurance

Stacking Provisions

17. ☐ Plaintiff claims stacking of UM/UIM coverages.

☐ Plaintiff is covered under a policy issued to a resident relative, [POLICYHOLDER NAME], which does not fall under the anti-stacking limitation
☐ Anti-stacking provision in the Policy does not apply because [________________________________]
☐ Stacking is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

18. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

19. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's UIM coverage limits.

20. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

21. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

First Claim for Relief

Breach of Contract (UM/UIM Benefits)

22. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 21.

23. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

24. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

25. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

26. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim for Relief

Statutory Bad Faith (C.R.S. §§ 10-3-1115 and 10-3-1116)

27. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 26.

28. Pursuant to C.R.S. § 10-3-1115, an insurer shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of a first-party claimant.

29. Defendant Insurer unreasonably delayed or denied payment of Plaintiff's UM/UIM claim in violation of C.R.S. § 10-3-1115 by:

☐ Unreasonably delaying investigation and/or processing of the claim
☐ Denying benefits without a reasonable basis
☐ Failing to make prompt payment of the undisputed portion of the claim
☐ Imposing unreasonable conditions on payment
☐ Other: [________________________________]

30. Pursuant to C.R.S. § 10-3-1116, Plaintiff is entitled to recover two times the covered benefit plus attorney's fees and costs, upon a showing that the delay or denial was unreasonable.

Third Claim for Relief

Common-Law Bad Faith

31. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 30.

32. Under Colorado common law, an insurer has an implied duty of good faith and fair dealing in handling its insured's claims. Travelers Ins. Co. v. Savio, 706 P.2d 1258 (Colo. 1985).

33. Defendant Insurer breached its duty of good faith and fair dealing by acting unreasonably and without proper cause in handling Plaintiff's claim.

34. Defendant Insurer's conduct was willful, wanton, and in reckless disregard of Plaintiff's rights, entitling Plaintiff to compensatory and exemplary damages.

Damages

35. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Two times covered benefit (C.R.S. § 10-3-1116)
☐ Exemplary damages (common-law bad faith)
☐ Prejudgment interest (C.R.S. § 5-12-102)
☐ Attorney's fees (C.R.S. § 10-3-1116)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Two times the covered benefit pursuant to C.R.S. § 10-3-1116;
4. Exemplary damages for common-law bad faith;
5. Attorney's fees and costs pursuant to C.R.S. § 10-3-1116;
6. Prejudgment interest pursuant to C.R.S. § 5-12-102;
7. Costs of this action; and
8. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Colorado Attorney Reg. No. [REG NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Colorado [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Colorado

Sources and References

• C.R.S. § 10-4-609 — Justia (2024)
• Colorado UM/UIM Statute Overview — Flanagan Law
• Colorado UM Coverage — ColoradoLaw.net
• C.R.S. § 10-4-609 Update — Ronald R. Way, P.C.