Abstract: A Connecticut Auto Accident Accident Primer. What to do, what to watch out for, making a property damage claim to an insurance company, medical bills, statute of limitations, and more. 
Rev. 11/02/06

Links:

Site Article: Connecticut Regulators Order Allstate to Cease and Desist its "Do I Need an Attorney?" Campaign

Link: Insurance News Network's Connecticut Insurance Page (policy coverages explained)

Link: Auto Insurance Basics from INN

Link: Connecticut Department of Insurance

    Accidents 

At the Scene . . .

• If possible, but only if safe to do so, don't move your vehicle until the investigating police officers arrive. Put out flares or other warning devices to protect the scene.

• If you are involved in an accident and someone gets injured, you are required to get medical attention for that person. You may express concern about the well-being of other persons involve din the accident, but do so without mentioning who was at fault. The "law" is not going to hold it against you for being compassionate. Be careful, however, not to talk about how the accident happened with the other driver. The law will hold you responsible for any admissions of fault that you make.

• If you are able, get the names of any witnesses to the accident and write them down. Don't rely upon the police officer to get all the names, or for the witnesses to hang around until the police arrive.

• If you are injured, don't refuse help at the scene of the accident. Be aware that you may not feel the effect of your injuries until some time later because the body "numbs" injured areas immediately after a trauma. Get medical attention as soon as possible after an accident.

After the Accident ...

• Call your insurance agent and report the accident.

• Take pictures of your vehicle and the other vehicle involved (if possible). The police report or investigating police officer can tell you where they have been towed.

• Take pictures of the location where the accident happened.

• Beware of claims investigators from the other driver's insurance company calling on the phone and and asking questions or requesting telephone-recorded interviews. Speak to a lawyer before giving any statements.

• Also beware of insurance companies who call or send you brochures or tell you that you don't need a lawyer -- It's against the law in Connecticut.  Statistics show that claimants who are represented received two or three times the amount of unrepresented claimants. (Source: Allstate Insurance Company Training Manual for dealing with unrepresented claimants). See article: Connecticut Authorities Order Allstate to Withdraw its "Do I Need an Attorney?" campaign.

• Vehicular Damage Claims

  • If the accident is clearly the other party's fault, you have the right to submit your claim for property damage (P.D.) to your vehicle directly to that person's insurance company. You can also request other benefits, such as a rental car while your vehicle is being repaired. If the question of fault is disputed, the other party's carrier may only offer you a percentage of the fair market  value of the car.

  • If the other party's insurance company delays in processing the claim, you can submit the claim to your own carrier if you carried collision coverage. Your insurance carrier will then make a claim for reimbursement against the other insurance carrier. If successful, they will reimburse all or part of your deductible to you. That process is called "subrogation."

    • If the accident is not your fault, your insurance carrier cannot "rate your policy" for fault. Be aware, however, that you can be rated on a "frequency of claims" basis and therefore even if not your fault, a property damage claim can have rating consequences. Also be aware that the allocation of fault is a business judgment the insurance company makes, sometimes in the context of a negotiated subrogation process. It is very difficult, if not impossible, to contest the carrier's assessment of fault.

  • You will only be able to get reimbursement for a car rental from your own carrier if you purchased rental coverage.

  • Fair market value of your vehicle is determined by industry book values, less offsets for poor condition, high mileage, etc. Most insurance adjusters use the Kelley Blue Book or the National Auto Dealers Association (NADA) Official Used Car Guide. If you disagree with your carrier's valuation, you have the right to get other estimates. Your insurance policy contains instructions on  resolution of disputes as to value.

  • Be aware that storage fees for "totaled" vehicles are very expensive and the insurance company that is paying your claim will not pay for storage after a certain length of time. The insurance company that pays you for a totaled vehicle has the right to take possession of the vehicle and vehicle title papers so that it can promptly remove the vehicle from storage and "salvage" it. If you chose not to turn over a totaled vehicle, the insurance company will deduct the salvage value from the fair market value.

  • If you settle your property damage claim, be sure that the release is for property damage only and that you are not releasing other claims, i.e. a bodily injury claim.

• In serious accidents, accident reconstruction experts may need to examine the entire vehicle and accident scene and conduct interviews. It is therefore important to obtain representation as soon as possible after a serious accident so that the evidence can be preserved before vehicles are salvaged and crushed. 

• Medical Bills. If you have purchased medical payments coverage to cover medical bills following an accident, you may be able to submit bills to your auto insurance carrier depending on the type of coverage and your policy requirements. Be aware that medical payments coverage is no longer mandatory in CT, you must have purchased it separately. By law, no-fault benefits (as well as Medicare benefits and workers' compensations benefits) get reimbursed to the insurance company that paid them.

• Uninsured Motorists. You may make a claim against the uninsured motorists/ underinsured motorists (UM/UIM) provision of your own insurance policy in the following circumstances:

  • You were injured in a hit and run accident;

  • The driver at fault for the accident is uninsured;

  • The driver at fault has inadequate policy limits to pay your damages and your UM/UIM policy limits are greater.

  Your own insurance company will then "stand in the shoes" of the other driver and insurance company. The law requires that every automobile insurance policy sold in Connecticut include UM/UIM protection, but the amount may vary according to what you chose to buy.

• Statute of Limitations and Other Deadlines.

  • In general, victims of accidents occurring due to negligent conduct have two (2) years to bring a claim. If the conduct involved is intentional, victims have three (3) years. Determining the appropriate limitations period depends on the application of facts to law and usually needs to be analyzed by a lawyer.

  • If a highway defect is the cause of the accident or if a town or the state is involved, other notices have to be filed within a short period of time and you should consult an attorney as soon as possible.

  • The time period and manner in which a UM/UIM claim can be presented to your insurance company is contained in the policy provisions. Some policies require arbitration and others require that suit be filed within specified time periods.