Detailed Answer
Disclaimer: This post is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice about your specific situation.
1. Understand Connecticut’s Insurance Framework
Connecticut requires drivers to carry both bodily injury liability and property damage liability coverage under Conn. Gen. Stat. § 38a-371. While bodily injury coverage compensates medical expenses and pain and suffering, property damage coverage pays to repair or replace your vehicle.
2. Preserve and Document Evidence
- Take photos of all vehicle damage and the accident scene.
- Gather witness names and contact information.
- Obtain a copy of the police report.
- Secure repair estimates or invoices from reputable auto shops.
3. Report the Damage Promptly
File a property damage claim with the at-fault driver’s insurance company as soon as possible. Provide the insurer with:
- Your policy and claim numbers.
- Photos, estimates and the police report.
- Names of any witnesses.
4. Negotiate Settlement Separately
Because Connecticut follows a tort-based system for property damage, you can negotiate compensation for vehicle repairs distinct from bodily injury. Steps include:
- Send a written demand to the at-fault insurer detailing repair costs.
- Ask for a timeline to resolve your claim.
- Follow up in writing on any delays or denials.
5. Escalate If Necessary
If the insurer refuses a fair settlement:
- Consider filing in Connecticut Small Claims Court (up to $5,000). See the Small Claims brochure for forms and procedures.
- For claims over $5,000, file a civil action in Connecticut Superior Court. Remember the three-year statute of limitations under Conn. Gen. Stat. § 52-577.
- Consider consulting an attorney to draft a formal complaint if negotiations fail.
Helpful Hints
- Always keep copies of correspondence with insurers in case you need them for court.
- Obtain at least two repair estimates to strengthen your settlement demand.
- Be precise in your demand letter: list dates, costs and statute citations.
- Track deadlines: appeals, responses and the three-year filing window.
- Small Claims Court often resolves matters faster and with less expense.