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Worker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)

By Burg Simpson

February 24, 2015   Colorado Blog, Colorado Workers' Compensation

At Burg Simpson, we often represent members of the Colorado State Patrol who are involved in Worker’s Compensation cases. The information contained within this article could significantly impact you and your family if you were to be involved in a motor vehicle accident. As a State Trooper, you spend an extraordinary amount of time in your vehicle. As a result, you are statistically more likely to be involved in a serious car accident. This 3-part blog series is intended to address some of the questions that often arise in the course of those discussions.

Part 1: U-Coverage and How it Affects You
Part 2: Personal Injury & Subrogation

Is it a problem that I am requesting and possibly filing a lawsuit against my own insurance company to recover from my U-coverage?

NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your U-policy. It is NOT uncommon to file a lawsuit against your own insurance company to seek recovery under your U-policy. Furthermore, if your insurance company unfairly raises your rates as a result of seeking recovery under a U-policy, a report of the rate increase can be filed with the Colorado insurance commissioner. Remember, you are the one that has paid the premiums for the U-coverage; therefore, you are entitled to recover from that policy when necessary.

Conclusion

As a member of State Patrol, you spend a large portion of your work day on the road; far more than the typical person. This being the case, you are statistically more likely to be hit by a motorist than other citizens. Thus, it is of great importance that you have proper insurance in case you are struck by one of the nearly 600,000 uninsured or underinsured Colorado motorists. U-coverage provides you a safety net in case you are injured by an at-fault driver who has insufficient or no insurance coverage.

U-coverage can make a significant difference in protecting yourself and your family. Not having the benefit of the additional coverage provided by U-coverage could significantly impact the financial future of you and your family. The fact that U-coverage applies even when you are on duty should make your decision to investigate purchasing U-coverage an easy one.

What to do?

I recommend you check your auto policy or contact your insurance agent to determine if you currently have U-coverage. It is also recommended to determine how much U-coverage you have, and what the cost would be to increase your U-coverage.

If you have any questions regarding this article or any injury matter please feel free to contact me at 303-792-5595 or at nick@burgsimpson.com

This information is not to be interpreted as providing legal services nor as proposing any form of legal advice. You should always consult with an attorney regarding any potential legal action or application of insurance policies.

Nick Fogel is a shareholder and Chairman of the Workers’ Compensation department at Burg Simpson. In this capacity, Nick specializes in representing law enforcement in injury claims. In 2010, Nick was selected by Law Week Colorado as one of Colorado’s Up-and-Coming Lawyers, a distinction given to attorneys who are at most in their sixth year of practice and have already accomplished tremendous things professionally and in the community. Nick has also been selected by the National Trial Lawyers Association for inclusion in The Top 40 under 40 Association. Membership into The Top 40 under 40 Association is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as a young trial lawyer. Additionally, Nick has been selected by the National Trial Lawyers Association as one of the top 100 trial lawyers in the state of Colorado. The selection is based on superior qualifications, leadership, reputation, influence, stature, and profile in the Trial Lawyer community. Since 2012, Nick has been listed as a Colorado Super Lawyer Rising Star, a distinction limited to only the top 2.5 percent of qualifying lawyers in the state.

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