Detailed Answer
When an insurer downplays injuries after a crash, family members—including children—must take proactive steps to protect their rights. Under Connecticut law, you can safeguard claims for medical expenses, pain and suffering, and other damages, even if the insurer minimizes injuries.
1. Seek Immediate and Ongoing Medical Care
Obtain a prompt evaluation from a qualified physician or urgent care center. Follow all treatment recommendations, attend follow-up appointments, and retain detailed medical records. Timely treatment creates a clear link between the accident and injuries.
2. Document and Preserve Evidence
Gather evidence at the scene: photos of vehicles, road conditions, visible injuries, and witness contact information. Keep copies of medical bills, appointment summaries, and rehabilitation records. This documentation counters any insurer claim that injuries are minor or unrelated.
3. Provide Written Notice to the Insurer
Under Connecticut’s auto insurance regulations, policyholders must report accidents in writing as soon as practicable. Send a certified letter or email summarizing key facts, list all injured family members, and request confirmation of your submission.
4. Insurer’s Good Faith Obligations
Connecticut law prohibits unfair claim settlement practices. Insurers must investigate claims promptly and in good faith. See C.G.S. §38a-816 for prohibited behavior such as misrepresenting policy provisions or failing to acknowledge communications (C.G.S. §38a-816).
5. Statute of Limitations and Tolling for Minors
Most personal injury lawsuits in Connecticut must be filed within two years from the accident date (C.G.S. §52-584). However, if a child is injured, the two-year period is tolled until the child turns 18 (C.G.S. §52-592). This ensures minors retain full rights to pursue claims when they reach adulthood.
6. Consider a Guardian ad Litem
For serious injuries to a minor or an incapacitated adult, the court may appoint a guardian ad litem. This representative protects the individual’s interests, reviews settlement offers, and ensures fair compensation.
7. File a Complaint with the Connecticut Insurance Department
If you suspect bad faith or unfair claim handling, file a complaint with the Connecticut Insurance Department. Visit portal.ct.gov/CID to initiate the process. The department can investigate and impose sanctions on noncompliant insurers.
Helpful Hints
- Keep a dedicated folder or digital file for all accident-related documents.
- Obtain independent medical exams if the insurer’s doctor glosses over injuries.
- Ask your medical provider to detail how each treatment links to the accident.
- Consult an attorney before accepting any settlement offer.
- Note all communications with the insurer: dates, times, names, and summaries.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.