Suffering a Car Accident With an Uninsured Driver

Connecticut’s insurance law requires all drivers to carry at least the minimum required car insurance with $25,000 in property damage coverage and $25,000 in bodily injury liability coverage per person or $50,000 per accident. Unfortunately, some drivers still avoid carrying the proper insurance coverage. In some cases, a driver who lacks both a valid driver’s license and insurance coverage or who has a valid license but whose insurance has lapsed may cause a car accident, leaving injury victims wondering where to turn.

If you’ve sustained a significant injury in an accident with an uninsured driver, you may be wondering how to make a claim for compensation for the damages you’ve suffered.

Understanding Uninsured Motorist Coverage in Connecticut

Connecticut’s fault-based insurance laws mean it matters who caused an accident. Typically, the driver who was at fault in a car accident is liable for damages and their insurance policy must pay out on property damage and injury claims after a car accident. But when you’ve had an accident and discover that the at-fault driver has no valid insurance coverage in place, it can be distressing. Fortunately, if you and your accident attorney establish that the party at fault had no insurance coverage, you can make a claim against your own insurance policy. Besides the liability coverage the state requires, it also requires your minimum coverage to include uninsured or under-insured motorist coverage. This part of your policy exists to provide compensation for damages and injuries in the event you have an accident with an uninsured motorist.

What Compensation is Available From My Uninsured Motorist Coverage?

Depending on the policy you selected for your uninsured motorist coverage you could have enough coverage to provide compensation for your property damage to your vehicle and your medical expense and lost wages. Once it’s determined that the at-fault driver does not have coverage, or lacks adequate coverage, file a claim with your insurance carrier for the maximum amount of your uninsured motorist coverage (UIM). 

If the party at fault had some coverage but was underinsured, you must first file a claim against the at-fault driver’s policy and exhaust the amount of their coverage before filing for your own UIM policy to provide the remaining amount of the total of your damages. Most UIM policies allow accident victims to recover the following damages:

• Medical expenses
• Past and future lost wages
• Pain and suffering
• Loss of enjoyment of life if your injury caused disability

Can I File a Lawsuit if the Party at Fault was Uninsured?

After an accident with an uninsured motorist, you cannot file a lawsuit against your own insurance company if they fail to offer a fair settlement. In some cases, you may be able to file a personal lawsuit against the uninsured person responsible for the accident.

If you’ve sustained serious injuries in an accident with an uninsured or underinsured motorist, an accident attorney can help to defend your rights and best interests throughout the claims process against the at-fault driver and your own UIM insurance coverage. Contact a skilled attorney to maximize the payout from the appropriate policy, or negotiate an ample settlement for your damages.