Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
When you suffer injuries in a Connecticut auto accident, you must follow certain steps to ensure the at-fault party’s insurer covers your medical bills. First, seek medical treatment immediately. This not only protects your health but also creates a documented record linking your injuries to the crash.
1. Provide Timely Notice: Notify the at-fault driver’s insurer in writing as soon as possible. Insurance policies typically require “prompt notice” of a claim. Connecticut law mandates that vehicle owners report an accident to their insurer within 48 hours of learning about it Conn. Gen. Stat. § 14-112. Late notice can lead to denial of coverage.
2. Gather and Preserve Documentation: Collect all medical records, diagnostic imaging, bills and receipts. Keep copies of doctor notes, hospital discharge papers, and pharmacy invoices. A clear paper trail strengthens your demand.
3. File a No-Fault (PIP) Claim: In Connecticut, personal injury protection (PIP) benefits pay up to $25,000 for reasonable medical expenses regardless of fault Conn. Gen. Stat. § 38a-374. Submit your PIP claim within 30 days to the insurer for initial benefits. This stops medical providers from seeking direct payment from you.
4. Send a Detailed Demand Letter: Once you’ve compiled your medical bills and treatment records, send a formal demand letter to the at-fault insurer. Include a narrative of the accident, itemized expenses, medical reports and any wage-loss documentation. Set a reasonable deadline (often 30 days) for acceptance of liability and payment.
5. Monitor Insurer Responses: Maintain communication logs: note names, dates, times and content of all calls or emails. If the insurer requests additional information, provide it promptly. Failure to cooperate could delay or jeopardize coverage.
6. Prepare for Denial or Underpayment: If the insurer denies liability or offers an insufficient amount, consider these steps:
• File an appeal through the insurer’s internal review process.
• Consult the Connecticut Insurance Department to file a complaint.
• Engage in alternative dispute resolution, such as mediation.
• As a last resort, file a lawsuit within Connecticut’s three-year statute of limitations for personal injury claims Conn. Gen. Stat. § 52-584.
7. Consider Legal Representation: Insurance companies often protect profits by minimizing payouts. An experienced personal injury attorney can handle negotiations, prepare your lawsuit and ensure all deadlines are met. Many work on contingency, advancing costs and only charging a fee if you recover compensation.
Helpful Hints
- Seek immediate medical care, even for minor injuries.
- Document your injuries with photos, videos or diaries.
- Keep all appointment notices, receipts and correspondence in one file.
- Respond to insurer requests promptly and in writing.
- Get a copy of your complete medical records directly from providers.
- Be cautious when giving recorded statements to the at-fault insurer.
- Consider an independent medical examination if disputed.
- Consult an attorney before accepting any settlement offer.