Detailed Answer
When the at-fault driver has no active insurance on the date of loss in Connecticut, you face unique challenges. This guide explains your recovery options under Connecticut law. For example, suppose you carry standard Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverages and the other driver lacked any policy.
1. File a Personal Injury Protection (PIP) Claim
Connecticut requires insurers to offer PIP benefits under the no-fault system. PIP covers 80% of medical expenses and lost wages up to $15,000, regardless of fault. To learn more, see Conn. Gen. Stat. § 38a-334d.
2. Submit an Uninsured Motorist (UM) Coverage Claim
Connecticut law mandates that insurers offer UM and Underinsured Motorist (UIM) coverage equal to your liability limits. You can seek compensation up to your policy limits. For details, visit Conn. Gen. Stat. § 38a-336.
3. Sue the At-Fault Driver Directly
If UM coverage does not cover all your losses, you can file a civil lawsuit against the uninsured driver. Small Claims Court handles claims up to $5,000. For larger claims, file in Superior Court.
4. Enforce a Judgment
After obtaining a judgment, pursue collection measures such as wage garnishment, bank levies, and property liens to satisfy the debt.
5. Negotiate a Payment Plan or Structured Settlement
The driver may agree to repay through installment payments or a structured settlement. Document any agreement in writing.
6. Seek Criminal Restitution
Operating without insurance is a violation under Conn. Gen. Stat. § 14-112. If prosecuted, the court may order restitution, which you can enforce.
Helpful Hints
- Report the accident to your insurer as soon as possible.
- Document all medical bills, repair estimates, and wage-loss evidence.
- Review your policy declarations to confirm your PIP and UM limits.
- Consider hiring an attorney to navigate complex collection options.
- Track payment compliance if you reach a settlement or judgment.