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Connecticut’s fault-based car accident law requires accident survivors to file claims against the insurance company of the driver who caused the accident if they wish to recover compensation for damages like vehicle repair or replacement costs, medical expenses, lost wages, and compensation for pain and suffering.
This process may seem overwhelming to car accident survivors who are struggling to recover from their physical injuries and the emotional trauma of a serious accident. It helps to know the steps in the Connecticut car accident claim process and to be in contact with a New Haven car accident lawyer so that there’s a clear pathway toward recovery.
Call (203) 888-8888 to schedule a no-obligation consultation today.
After any Connecticut car accident with injuries, fatalities, and/or property damage exceeding $1,000, the car accident victims must report the accident to the police. Local police officers come to the accident scene along with emergency services to begin an official accident report.
The car accident survivors must also report the crash to the Connecticut Department of Motor Vehicles (DMV) within ten days of the accident. Finally, involved drivers must report the accident to their auto insurance companies within the time limit specified by their policy.
It’s always best to report the accident to all necessary entities as soon as possible after the accident. Then, hire an experienced car accident lawyer to investigate the accident, handle all communication with the insurance company, and safeguard your best interests throughout the process.
In Connecticut, it matters who causes an accident. An injury victim must make a compensation claim against the insurance company of the party at fault for a collision. Typically, this is one of the drivers, but in some cases, both drivers may have contributed to the cause or severity of the accident. For this reason, it’s important to have a thorough investigation with an attorney protecting their client’s best interests.
Under this modified comparative negligence system, an accident victim can still recover compensation even if they are partly at fault for the accident as long as they are less than 51% responsible. The insurance company subtracts the percentage of fault from the payout on the insurance claim.
For example, if an injury victim has a $100,000 claim for damages but the insurance adjuster assigned to the case finds that they were 20% at fault, it reduces the compensation to $80,000. An accident victim’s attorney documents evidence of the at-fault driver’s liability so the insurance company doesn’t take advantage of the comparative negligence rule to unfairly reduce their payout.
Once an attorney documents evidence and carefully calculates the damages like property damage, medical expenses, lost earnings, and compensation for pain and suffering, they send a demand package to the insurance company.
Then, a period of negotiations typically follows, sometimes including mediation, as both sides attempt to arrive at a mutually acceptable settlement. Nearly 95% of car accident claims are eventually resolved through a settlement for the injury victim’s damages. Only in a minority of cases does the case require litigation.
If the insurance company continues to dispute aspects of the claim, delays progress, or wrongfully denies a valid claim, the injury victim can file a lawsuit within Connecticut’s two-year statute of limitations. Both sides make their arguments in court and a jury awards damages to the accident victim if they find their case compelling.
Insurance companies commonly resist writing out large checks for damages and may use a variety of tactics to reduce the value of an injury victim’s claim. At Weber & Rubano, the experienced New Haven personal injury attorneys can protect your rights and best interests throughout each step of the Connecticut car accident process.
Contact us online or call (203) 888-8888.