Uninsured and Underinsured Motorist Claims in Connecticut

Short answer. Every Connecticut auto policy must include uninsured and underinsured motorist coverage, generally at least equal to your bodily injury liability limits unless you reduce it in writing. It pays when the at-fault driver has no insurance, or not enough.

With a state minimum of $25,000 per person, a serious crash in Hartford can quickly outrun the other driver’s policy. UIM coverage is often what makes a fair recovery possible.

The minimums

The Connecticut Insurance Department explains that Connecticut’s floor sits at $25,000 per injured individual, $50,000 per accident for injury to the person and $25,000 for damage to property. See the CID auto insurance page.

UM and UIM rules

Under CGS 38a-336, policies must provide uninsured and underinsured motorist coverage. The coverage limits generally match the liability limits unless the named insured requests lower limits in writing, and can’t go below the state minimum.

  • Uninsured. The at-fault driver had no coverage, or it was a hit-and-run.
  • Underinsured. The at-fault driver’s liability limits aren’t enough to cover your damages.

How a UIM claim works

Usually, the at-fault driver’s insurer pays its limits first. Then you pursue your own insurer for the rest, up to your UIM limit. Your insurer steps into the other driver’s shoes and can argue fault and damages, including your own comparative negligence.

Household members, and passengers in your car, may also have UIM claims under your policy. A passenger may have claims under several policies.

Hit and run

Report a hit-and-run to police right away. UM claims for unidentified drivers often depend on prompt reporting and proof of contact or independent witnesses.

Deadlines

UM and UIM claims have their own time limits under the statute and your policy, which can differ from the two-year injury limit. Read the policy and get advice early.

Official reports, liability minimums and the clocks around a UM or UIM claim

A UM or UIM claim still starts with an official crash report and a clear picture of the other driver’s coverage, or the lack of it. Ask Hartford Police for the report number at the scene if they responded. The police report office is at 253 High Street, Hartford, CT 06103, at (860) 757-4150. It is open Monday, Tuesday, Wednesday and Friday from 8:00 a.m. to 1:00 p.m., and Thursday from 8:00 a.m. until 5:00 p.m. Reports are often ready in 7 to 15 business days. Accident reports from May 18, 2021, can be requested online through Invoice Cloud, and earlier reports through the process on the Hartford Police report page. The copy fee is 50 cents a page. Confirm hours and the current process before you go.

Connecticut’s ordinary bodily-injury liability minimums are $25,000 for injury to one person and $50,000 for one crash, plus $25,000 for property damage. Uninsured and underinsured motorist coverage generally has to be at least equal to the bodily-injury limits, under the UM and UIM statute, CGS 38a-336. A serious injury can exceed $25,000 quickly, which is why the UIM limit on your own policy, and a complete report that identifies every vehicle, matter in the first week. Read the declarations page early, and notify your own insurer of the crash promptly. UM and UIM claims can have policy notice requirements that differ from the ordinary injury period.

The ordinary injury period is two years from the date the injury is sustained or discovered, and no more than three years from the act, under CGS 52-584. A death claim is generally two years measured from death, and no more than five years from the act, under CGS 52-555. Those civil clocks still run while a UM or UIM claim is pending. If a town road defect or a State highway may also be involved, written notice is generally due within 90 days under CGS 13a-149 or CGS 13a-144.

If a hit-and-run or a violent crime was involved, the Office of Victim Services compensation program generally allows three years to apply, with a police report, and may pay up to $15,000 for physical injury, $25,000 for a survivor and $6,000 for funeral costs. The office can be reached at 1-888-286-7347. That program is not a replacement for a UM claim or a timely lawsuit. Comparative fault still applies under CGS 52-572h. A person whose negligence is greater than the combined negligence of the defendants cannot recover. Keep the official report, the declarations page and every bill in one folder, and get advice early about the policy deadline as well as the statutory one.

If a rideshare vehicle was involved, chapter 244c requires $1,000,000 in liability coverage during a prearranged ride, plus UM and UIM, and lower limits when the app is only on. Screenshot the trip status and keep the receipt with the police report. If a commercial truck was involved, copy the USDOT number and check the federal tired-driver rule in 49 CFR 392.3. A fatigued commercial driver must stop rather than push onward on I-84 or I-91. Schedule a follow-up exam and save the chart notes, even if the pain had not started yet, and skip a recorded interview until a lawyer has reviewed the facts with you.

Questions to ask a lawyer

  • What are my UM and UIM limits, and did I sign anything reducing them?
  • Can I claim under a household member’s policy too?
  • What notice does my policy require before I settle with the other driver?

General information only, not legal advice.