Detailed Answer
In Connecticut, you can pursue compensation for vehicle damage independently of any bodily injury claim. Unlike personal injury benefits under the no-fault law (Conn. Gen. Stat. § 38a-371), property damage claims follow a traditional third-party liability process. Here are the key steps:
Step 1: Gather Evidence and Documentation
After the accident, photograph all damage to your vehicle from multiple angles. Obtain a written repair estimate or invoice from a licensed auto shop. Keep all bills, receipts, and any tow records. Under the two-year statute of limitations for property damage (Conn. Gen. Stat. § 52-584), you must file any lawsuit within two years of the crash.
Step 2: Notify Your Insurance Carrier (Optional)
If you carry collision coverage, you may choose to file a first-party claim. Your insurer pays your repairs and then pursues subrogation against the at-fault driver’s insurer. This can accelerate repairs but may affect future premiums.
Step 3: File a Third-Party Claim with the At-Fault Driver’s Insurer
Send a written demand to the at-fault driver’s liability insurer. Include your police report, photos, repair estimate, and receipts. The insurer generally has 20 business days to acknowledge your claim and 45 days to resolve it under Connecticut’s prompt payment law (Conn. Gen. Stat. § 38a-334).
Step 4: Consider Small Claims Court for Minor Damage
If your damage does not exceed $5,000, you can file in Small Claims Court to reduce fees and avoid attorney costs. Visit the Connecticut Judicial Branch website for limits and procedures: Small Claims Limits.
Step 5: File a Lawsuit in Superior Court (If Needed)
If negotiations fail and damage exceeds small claims limits, file a civil action in Connecticut Superior Court. Follow the Connecticut Practice Book for service of process and pleadings. If you obtain a judgment, you can enforce it through wage garnishment, bank levies, or liens.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Act promptly to preserve evidence and meet deadlines.
- Keep a detailed accident diary with dates, times, and contacts.
- Review your own insurance policy for overlap with subrogation rights.
- Consider mediation or appraisal if the insurer undervalues your claim.
- Consult an attorney if you encounter coverage disputes or bad faith tactics.