Disclaimer: This information is for educational purposes and is not legal advice.
Detailed Answer
Under Connecticut law, every motorist must maintain liability insurance. Conn. Gen. Stat. §14-112 requires proof of at least the state’s minimum coverage before registering a vehicle. If the at-fault driver had no active insurance on the date of loss, you have several paths to pursue compensation.
1. Uninsured Motorist Coverage (UMC)
Most Connecticut auto policies include uninsured motorist coverage. This coverage pays for bodily injury you suffer when an uninsured driver causes the crash. Your insurer must offer this under Conn. Gen. Stat. §38a-336. Review your policy limits and file a claim with your own carrier, who then steps into the uninsured driver’s shoes.
2. Medical Payments Coverage (MedPay)
If you purchased Medical Payments coverage, your insurer will cover your medical bills regardless of fault. Conn. Gen. Stat. §38a-336g caps MedPay at your chosen limit and can be faster than waiting on a liability claim.
3. Direct Lawsuit Against the Driver
You can file a negligence lawsuit in Connecticut Superior Court. If successful, you obtain a judgment for medical expenses, lost wages, pain and suffering, and property damage. The statute of limitations for personal injury is two years (Conn. Gen. Stat. §52-577) and three years for property damage (Conn. Gen. Stat. §52-584).
4. Enforcing a Judgment
After securing a judgment, you can pursue collection through wage garnishment, bank account levies, or liens on real property. A judgment debtor exam under Conn. Gen. Stat. §52-351 helps identify the uninsured driver’s assets.
5. Criminal Injuries Compensation Fund
If the accident involved a hit-and-run or another qualifying felony, you might apply to the Connecticut Criminal Injuries Compensation Fund. This program covers medical and funeral costs when a crime caused your harm.
Helpful Hints
- Review your own policy’s uninsured and underinsured motorist limits before filing a claim.
- Keep detailed records of all medical bills, repair estimates, and lost-wage documentation.
- Consult an attorney to guide you through post-judgment collections and debtor exams.
- File claims and lawsuits before Connecticut’s statute of limitations expires (2 years for injury, 3 years for property damage).
- Consider MedPay as a quick source of funds for immediate medical needs.