Hit by an Uninsured Driver in Connecticut? Don’t Panic.

It’s one of the most frustrating and stressful scenarios after a car accident: you’re at a light, a distracted driver rear-ends you, and when you go to exchange information, you discover they don’t have insurance. Your immediate thought might be, “Now what? Am I out of luck?”

Fortunately, in Connecticut, the answer is no. Connecticut law requires all drivers to carry uninsured motorist (UM) coverage as part of their standard auto insurance policy. This is a crucial piece of protection that many people don’t fully understand until they need it.

What is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is designed to protect you, your family, and any passengers in your vehicle if you are injured in an accident caused by a driver who has no insurance. It essentially steps in and acts as the at-fault driver’s insurance, covering your medical expenses, lost wages, and pain and suffering up to the limits of your own policy.

This coverage also applies to hit-and-run accidents, where the at-fault driver cannot be identified.

How Does the Process Work?

When you are hit by an uninsured driver, the claim process shifts from pursuing the at-fault driver’s insurance company to making a claim with your own. While it may seem counterintuitive to “sue your own insurance,” your UM coverage is specifically designed for this situation.

Here are the key steps you should take:

1. Call the Police: Always file a police report. This creates an official, neutral record of the accident, which is vital for your claim.
2. Gather Information: Get the other driver’s name, contact information, and as much detail as possible about the vehicle. If they admit to being uninsured, note this in writing or in a voice memo.
3. Seek Medical Attention: Your health is the top priority. Go to the doctor, even if you feel fine, as some injuries may not appear for days or weeks. This also creates a medical record that links your injuries to the accident.
4. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Be sure to inform them that the other driver was uninsured.

Why You Still Need a Lawyer

Even with UM coverage, this is not a simple, straightforward process. Your own insurance company, when handling a UM claim, is now acting as the at-fault party’s insurer. Their goal is to minimize the amount they pay out, not to act in your best interest.

An experienced personal injury attorney can help you by:

• Navigating the Complexities: They will handle all communication with your insurance company.
• Proving Your Case: They will gather all necessary evidence, including medical records and bills, to build a strong case for the full value of your damages.
• Negotiating Fairly: They will negotiate with your insurance company to ensure you receive the compensation you deserve, including for your medical bills, lost wages, and pain and suffering.
• Protecting Your Rights: In some cases, if a fair settlement cannot be reached, they may need to take your insurance company to arbitration to get you the compensation you need.

Getting into a car accident is stressful enough, but discovering the other driver is uninsured adds a significant layer of complication. Don’t go it alone. By understanding your rights under Connecticut law and seeking professional legal help from Gorman, Herrmann and Menard, P.C., you can navigate this process with confidence and ensure you are fully compensated for your injuries and losses.