What Happens If the Person at Fault in an Accident Has No Insurance in Connecticut?

Connecticut is a "fault" state for auto-insurance matters (Public Act 93-297). In other words, the party that caused the accident is responsible for all resulting damages. Driving without liability insurance is classified among Connecticut traffic violations and infractions, carrying penalties such as license suspension, reinstatement fees, vehicle impoundment, and exposure to civil lawsuits in the event of an accident. Thus, a negligent uninsured driver is at risk of being sued by the other injured party as well as fined and imprisoned. For the injured party, recovering damages from the at-fault uninsured driver is challenging but possible. Driving without liability insurance is classified among Connecticut traffic violations and infractions, carrying penalties such as license suspension, reinstatement fees, vehicle impoundment, and exposure to civil lawsuits in the event of an accident.

Is It Illegal To Drive Without Insurance In Connecticut?

Yes. It is illegal to drive uninsured in Connecticut. Connecticut requires drivers to carry a minimum amount of insurance (25-50-25) coverage to drive on its public roads legally. Failure to do so can result in fines and other penalties, including possible jail time and license suspension.

Defaulters may be fined between $100-$500, have their licenses suspended or revoked, or, in some cases, law enforcement may impound the vehicle. The owner of a commercial vehicle who knowingly operates or permits the operation of a vehicle without the required insurance is liable for imprisonment for up to five years. For the owner of a private passenger motor vehicle, this offense is a class C misdemeanor, with penalties including a fine of up to $500, imprisonment for up to three months, or both (CGS § 38a-371).

What Is the Minimum Insurance Requirement in Connecticut?

The state of Connecticut requires drivers to carry a minimum auto-insurance liability coverage of at least $25,000 per person and $50,000 per accident. And for property damage, liability must be at least $25,000 per accident (C.G.S section 14-112).

What To Do After A Car Accident With an Uninsured Driver in Connecticut

Any individual who has been in a car accident in Connecticut must take the following steps to safeguard their right to claim damages and compensation under Connecticut law:

• Call the police and get a report taken
• Document all physical injuries and seek medical assistance
• Get the uninsured driver's records, plate number, and license number
• Take photos of the scene and gather witness statements and information as evidence
• Promptly notify your insurer and provide evidence for the Uninsured Motorist claim
• Report the uninsured driver and collision to the Connecticut Department of Motor Vehicles
• File an Uninsured Motorist claim (submit all medical records and reports)
• Speak to an attorney for legal advice or consider a lawsuit before the two-year statute of limitations runs out
• Consider an out-of-court settlement

What Happens If You Have No Insurance But The Other Driver Was At Fault?

The uninsured injured party can still settle out of court or sue the at-fault driver. However, it is illegal to drive without insurance in Connecticut. Doing so and proceeding with a lawsuit exposes the injured party to fines, suspension of their license, a jail term, and other penalties.

Can I Sue an Uninsured Driver in Connecticut?

Yes. Any individual involved in an accident with an uninsured driver an action to recover damages for injury to person or property caused by negligence must be brought within two years from the date when the injury was first sustained or discovered. The Connecticut Superior Court has jurisdiction over tort and auto-insurance-related suits. However, for smaller claims below $5000, action may be instituted at a Connecticut Small Claims Court.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Connecticut?

Yes. Uninsured/Underinsured Insurance provides bodily injury coverage for the insured, their relatives who live with them, and any passengers who get hurt in an accident caused by another uninsured driver. The driver at fault must either have no insurance or lower liability insurance than the uninsured/underinsured motorist coverage limits.

Alternatively, if the motor vehicle operator who has been injured or suffered damages has an auto insurance policy that includes the Basic Reparations or Medical Payments Coverage, it will pay for their medical bills if they or a family member who lives with them gets hurt in a car accident or dies as a result. In some cases, other economic losses and funeral costs are also covered under this insurance. However, this is optional coverage.

What Is Uninsured Motorist Coverage in Connecticut?

The Connecticut General Statutes § 38a-336 (uninsured and underinsured motorist coverage) states that:

"Each automobile liability insurance policy shall provide an insurance coverage called uninsured and underinsured motorist coverage, in accordance with the regulations adopted pursuant to this section, and is limited to coverage for bodily injury or death not less than those specified in the state's minimum bodily injury liability limits".

Thus, insurers must include UM/UIM coverage when they issue an auto insurance policy in Connecticut. The Requirement for UM/UIM in Connecticut is $25,000 per person for bodily injury or death and $ 50,000 per accident. Although, the insured may choose to pick a higher insurance plan. These limits are tied directly to the state's minimum bodily injury liability limits, as specified in C.G.S. § 14-112. It is important to note that UM/UIM coverage in Connecticut primarily covers bodily injury or death and not injury to property.

What If I Don't Have Uninsured Motorist Coverage in Connecticut?

An injured party who does not have uninsured motorist coverage in Connecticut and is in an accident with an at-fault uninsured driver may get compensation in the following ways:

• Sue the at-fault motorist
• Consider arbitration or out-of-court settlement
• Request that the Connecticut Department of Motor Vehicles (DMV) suspend their driver's license.
• In a case where the driver pulled a hit-and-run, drove under the influence (DUI), the victim may apply to the Connecticut Judicial Branch Office of Victim Services (JB-OVS) Victim Compensation Program for support.

How Do I Get Compensation from an Uninsured Driver in Connecticut?

A person involved in a car accident with an at-fault uninsured driver may institute proceedings at the Connecticut Superior Court in the area where they or the defendant lives. The attorney for the plaintiff may file a lawsuit and complaint stating the claims against the defendant. The complaint is to be accompanied by a writ of summons (JD-CV-1). The writ must be signed by a commissioner of the Supreme Court, a judge, or a clerk of the court where the case is to be held.

General Statutes § 6-32 explains that a state marshal shall serve the process and write to the defendant in his county at least 12 days before the return date. If the defendant fails to file a response or appear in court, a default judgment may be entered in favour of the plaintiff. Where the defendant responds to the complaint, the parties shall gather evidence and prepare for trial. The process of discovery is to uncover non-confidential information that may aid the plaintiff or defendant.

The process of discovery involves requests for the production of documents, depositions, medical examination, and interrogatories. Sometimes, the parties may settle before trial through mediation. If mediation is not successful, the case proceeds.

How Much Can You Recover From an Uninsured At.-Fault Driver in Connecticut?

In cognizance of Public Act 93-297, a person injured in an automobile accident because of the negligence of another is entitled to seek compensation for their injuries from the at-fault driver. This compensation may be reduced where the plaintiff contributes to the negligence resulting in the accident.

Also, in Connecticut, insurance policies must include Uninsured Motorist coverage. This means the plaintiff can recover whatever amount for personal injury and medical costs not covered by their Insurer, plus damages for injury to property. Where the total damages left are limited, the injured party may file a lawsuit in a Connecticut small claims court. Small claims courts have a limit of $5000 for monetary claims.

In spite of all of these, it may still be difficult to get judgment money from an uninsured at-fault driver because they often have no assets or income to pay up. Additionally, after a judgment is given on tort actions, it begins to accrue interest of 7.5% per annum and 6% per annum pre-judgment.

How To Find Out If the At-Fault Driver Has Insurance in Connecticut

There are multiple ways to determine if an at-fault driver in Connecticut has an auto-insurance policy, both immediately after the accident occurs, before, and during litigation.

• Exchange contact information with the driver; this is a requirement under the law. If the driver refuses to give out his information, then contact the police or law enforcement. The Police will obtain the needed information, which the injured party can formally request later.
• The injured party must notify their insurer of the accident and the driver's likely uninsured status. The insurance company can assist in finding this information.
• If the case proceeds to litigation, the plaintiff's attorney can employ discovery tools such as asking the at-fault driver questions under oath (interrogatories), requesting proof of insurance, and subpoena to compel the defendant to produce their insurance documents.

Are Accidents Public Record in Connecticut?

Yes. The Connecticut Freedom of Information Act provides that all records maintained by public agencies shall be public records. Accident records are public records but are often restricted because they contain personally identifiable information (restricted in the FOIA and the Driver's Privacy Protection Act) about the involved parties. Reports filed on accidents may be obtained from the local police departments in the area where the incident occurred. Alternatively, one can obtain restricted information from the State Troop Police in their area to obtain an Accident Information Summary.

Can You Go to Jail for Causing an Accident Without Insurance in Connecticut?

Yes. The owner of a commercial vehicle who knowingly operates or permits the operation of a vehicle without the required insurance is liable for imprisonment for up to five years. This penalty will also apply where the uninsured operator of a vehicle causes an accident. Likewise, an owner of a private motor vehicle who fails to maintain their insurance is liable for up to three months imprisonment or a fine, or both (CGS § 38a-371).

Can You Settle With an Uninsured Driver Out of Court in Connecticut?

Yes. It is preferable for the contract to be evidenced in writing. Written settlements are legally binding and enforceable under Connecticut Contract Law once signed by all the parties.

Can I Get Compensation If I Was Partially at Fault?

Yes. In Connecticut, an injured party can still get compensation even where they were partially at fault. Connecticut follows a modified comparative negligence system. Contributory or comparative negligence is not a bar to recovery. This means that the compensation to be awarded by the court will be reduced by the percentage of the claimant's fault. This rule will not apply where the injured party is more than 0% at fault. Instead, they will not receive any compensation (CT Gen Stat § 52-572l).