(1)(a) (I) Except as described in subsection (1)(a)(II) of this section, an automobile
liability or motor vehicle liability policy insuring against loss resulting from liability
imposed by law for bodily injury or death suffered by any person arising out of the
ownership, maintenance, or use of a motor vehicle, which policy is delivered or
issued for delivery in this state with respect to any motor vehicle licensed for
highway use in this state, must provide coverage or supplemental coverage, in
limits for bodily injury or death set forth in section 42-7-103 (2), under provisions
approved by the commissioner, for the protection of persons insured under the
policy who are legally entitled to recover damages from owners or operators of
uninsured motor vehicles because of bodily inj
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(1) (a) (I) Except as described in subsection (1)(a)(II) of this section, an automobile
liability or motor vehicle liability policy insuring against loss resulting from liability
imposed by law for bodily injury or death suffered by any person arising out of the
ownership, maintenance, or use of a motor vehicle, which policy is delivered or
issued for delivery in this state with respect to any motor vehicle licensed for
highway use in this state, must provide coverage or supplemental coverage, in
limits for bodily injury or death set forth in section 42-7-103 (2), under provisions
approved by the commissioner, for the protection of persons insured under the
policy 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 from a motor vehicle accident.
(II) Subsection (1)(a)(I) of this section does not apply if the named insured
rejects the coverage described in subsection (1)(a)(I) of this section in writing;
except that, if the named insured is a transportation network company, as defined
in section 40-10.1-602 (3), securing coverage for a transportation network company
driver, as defined in section 40-10.1-602 (4), to protect against damages caused by
uninsured motorists, as described in section 40-10.1-604 (2.5), the named insured
may not reject the coverage for periods when the transportation network company
driver is engaged in a prearranged ride, as defined in section 40-10.1-602 (2).
(b) This subsection (1) shall not apply to motor vehicle rental agreements or
motor vehicle rental companies.
(c) The coverage described in paragraph (a) of this subsection (1) shall be in
addition to any legal liability coverage and shall cover the difference, if any,
between the amount of the limits of any legal liability coverage and the amount of
the damages sustained, excluding exemplary damages, up to the maximum amount
of the coverage obtained pursuant to this section. A single policy or endorsement
for uninsured or underinsured motor vehicle coverage issued for a single premium
covering multiple vehicles may be limited to applying once per accident. The
amount of the coverage available pursuant to this section shall not be reduced by a
setoff from any other coverage, including, but not limited to, legal liability
insurance, medical payments coverage, health insurance, or other uninsured or
underinsured motor vehicle insurance.
(2) Before the policy is issued or renewed, the insurer shall offer the named
insured the right to obtain uninsured motorist coverage in an amount equal to the
insured's bodily injury liability limits, but in no event shall the insurer be required to
offer limits higher than the insured's bodily injury liability limits.
(3) Notwithstanding the provisions of subsection (2) of this section, after
selection of limits by the insured or the exercise of the option not to purchase the
coverages described in this section, no insurer nor any affiliated insurer shall be
required to notify any policyholder in any renewal or replacement policy, as to the
availability of such coverage or optional limits. However, the insured may, subject to
the limitations expressed in this section, make a written request for additional
coverage or coverage more extensive than that provided on a prior policy.
(4) Uninsured motorist coverage shall include coverage for damage for
bodily injury or death that an insured is legally entitled to collect from the owner or
driver of an underinsured motor vehicle. An underinsured motor vehicle is a land
motor vehicle, the ownership, maintenance, or use of which is insured or bonded for
bodily injury or death at the time of the accident.
(5) (Deleted by amendment, L. 2007, p. 1921, � 2, effective January 1, 2008.)
(6) An alleged tortfeasor shall be deemed to be uninsured solely for the
purpose of allowing the insured party to receive payment under uninsured motorist
coverage, regardless of whether the alleged tortfeasor was actually insured, if:
(a) The alleged tortfeasor cannot be located for service of process after a
reasonable attempt to serve the alleged tortfeasor; and
(b) (I) Service of process on the insurance carrier as authorized by section
42-7-414 (3), C.R.S., is determined by a court to be insufficient or ineffective after
reasonable effort has failed; or
(II) (A) The report of a law enforcement agency investigating the motor
vehicle accident fails to disclose the insurance company covering the alleged
tortfeasor's motor vehicle; and
(B) The alleged tortfeasor's insurance coverage when the incident occurred
is not actually known by the person attempting to serve process.
(7) Nothing in subsection (6) of this section voids the alleged tortfeasor's
policy if the alleged tortfeasor was actually insured.