Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Detailed Answer
After a Connecticut car accident, if the at-fault driver’s liability coverage pays its limits and you still have unpaid rental or loss-of-use expenses, you have a few options under state law.
1. Pursue Your Own Rental Reimbursement Coverage
Many auto policies offer an optional rental reimbursement endorsement. If you purchased it, file a claim with your insurer. This coverage typically pays reasonable rental costs up to a daily and aggregate limit. Review your declaration page for the exact terms and limits.
2. File an Underinsured Motorist (UIM) Claim
Connecticut law requires insurers to offer UIM coverage (Conn. Gen. Stat. § 38a-336). If you accepted UIM, you can seek benefits for economic losses, including reasonable rental charges, after the at-fault insurer’s limits are paid. Submit your bills and a written demand to your own carrier.
3. Demand Loss-of-Use from the At-Fault Insurer
Under Connecticut tort law, you can claim “loss of use” damages for reasonable rental value of a substitute vehicle. In Wilson v. Wilcox, 185 Conn. 12 (1981), the Connecticut Supreme Court recognized that a damaged vehicle owner may recover rental expenses if they show they had no reasonable alternative transportation and the rental charges were reasonable.
To maximize success:
- Send a written demand for loss-of-use with invoices from the rental company.
- Show you mitigated your damages (e.g., you did not own a spare car and public transit wasn’t feasible).
- Keep records of dates you rented the vehicle and daily rates.
4. Personal Lawsuit Against the Driver
If the insurer’s policy limits are paid and you have no UIM or rental endorsement, you may sue the at-fault driver personally for contract and tort damages. However, even if you obtain a judgment, collecting against a judgment-proof individual (one without assets) can be very difficult.
5. Use Mitigation Strategies
Connecticut regulations require you to mitigate damages (Conn. Agencies Regs. § 38a-336-6). If you have alternative transportation options, the insurer may deny rental claims beyond a reasonable period. Consider car-sharing, rideshares or borrowing from friends to limit your out-of-pocket costs.
Helpful Hints
- Review your auto policy declarations page for rental reimbursement and UIM limits.
- Keep every receipt, invoice and rental agreement dated and itemized.
- Send written demands promptly to both the at-fault insurer and your own insurer, if applicable.
- Document why you could not use alternative transportation.
- Consult an attorney before filing suit to assess collectability and costs.