How Uninsured and Underinsured Motorist Claims Work in Connecticut

Being injured in a car accident is stressful enough, but discovering the at-fault driver has no insurance, or not enough insurance to cover your damages, adds another layer of complexity to an already difficult situation. A New Haven County personal injury attorney can tell you that even with Connecticut’s mandatory insurance laws, too many drivers still operate vehicles uninsured or with only bare-minimum policies that fall short when serious injuries occur.

That reality makes uninsured and underinsured motorist (UM/UIM) coverage a crucial safety net for victims across the state. If you’re dealing with a crash and unsure what your policy covers, an experienced car accident lawyer in Waterbury can help you understand your rights, navigate insurer pushback, and pursue the benefits you’re owed. To learn how UM/UIM claims work and get guidance tailored to your case, contact DeFronzo & Petroskey P.C. at (203) 756-7408 for a consultation.

Understanding Connecticut’s Mandatory UM/UIM Coverage Requirements

Connecticut is one of the states that requires all drivers to carry uninsured and underinsured motorist coverage as part of their auto insurance policy. This protection exists specifically to safeguard you when the at-fault driver cannot adequately compensate you for your injuries and losses.

Minimum Coverage Limits

Connecticut law mandates minimum UM/UIM coverage of $25,000 per person and $50,000 per accident for bodily injury. These limits match the state’s minimum liability insurance requirements. However, your UM/UIM coverage typically equals whatever liability limits you purchased for your own policy.

For example, suppose you carry $100,000/$300,000 in bodily injury liability coverage. In that case, your UM/UIM coverage will automatically be set at the same limits unless you specifically request lower coverage in writing through an informed consent form. Even then, you cannot reduce your UM/UIM coverage below the state-mandated minimums of $25,000/$50,000.

What UM/UIM Coverage Protects

This coverage steps in to protect you, your family members living in your household, and passengers in your vehicle when you’re injured by:

• Uninsured motorists: Drivers who carry no insurance coverage at all
• Underinsured motorists: Drivers whose liability coverage is insufficient to cover your full damages
• Hit-and-run drivers: Unknown drivers who flee the accident scene

Importantly, UM/UIM coverage only applies to bodily injuries, not property damage to your vehicle. For vehicle damage, you’ll need collision coverage on your policy.

The Reality of Uninsured Drivers in Connecticut

When you’re involved in an accident with an uninsured driver, your UM/UIM coverage becomes your primary avenue for financial recovery. Whether you’re injured on the congested Mixmaster interchange in Waterbury, along the I-84 corridor through downtown Waterbury, or on Route 8 heading toward Derby, encountering an uninsured driver remains a significant risk throughout the region.

Many uninsured drivers lack coverage precisely because they have limited financial resources. Even if you obtain a judgment against an uninsured driver at Waterbury Superior Court on Grand Street, collecting on that judgment can be nearly impossible when the defendant has no assets or income to garnish. This makes your own insurance coverage critically important.

How Underinsured Claims Differ From Uninsured Claims

While both types of claims fall under UM/UIM coverage, there are important distinctions:

Uninsured Motorist Claims

An uninsured motorist claim applies when the at-fault driver has absolutely no insurance coverage. In these situations, your insurance company essentially steps into the shoes of the at-fault driver’s insurer and handles your claim as if it were a traditional liability claim.

Underinsured Motorist Claims

An underinsured claim arises when the at-fault driver does carry insurance, but their policy limits are too low to fully compensate you for your injuries. Connecticut defines an underinsured motor vehicle as one where the total liability limits are less than your UM/UIM coverage limits.

Here’s a practical example: You sustain $150,000 in medical bills, lost wages, and pain and suffering after a serious accident. The at-fault driver only carries Connecticut’s minimum liability coverage of $25,000/$50,000. If you have $100,000 in UIM coverage, you can first collect the $25,000 from the at-fault driver’s policy, then pursue an underinsured motorist claim with your own carrier for the remaining damages up to your policy limits.

Connecticut’s Unique Underinsured Motorist Conversion Coverage

Connecticut offers an optional coverage enhancement that many drivers don’t fully understand but can significantly impact their financial recovery: underinsured motorist conversion coverage.

How Standard UIM Coverage Works

Under traditional underinsured motorist coverage, the amount you can recover is capped at your policy limits, and your insurer receives a credit for any payments made by the at-fault driver’s insurance.

Using our previous example, if you have $100,000 in standard UIM coverage and the at-fault driver’s insurance pays $25,000, your UIM carrier would only pay an additional $75,000, bringing your total recovery to $100,000, even if your actual damages are $150,000.

The Conversion Coverage Advantage

Underinsured motorist conversion coverage works differently and more favorably for policyholders. With conversion coverage, the at-fault driver’s liability payments do not reduce your UIM benefits. Instead, the coverages stack on top of each other.

In the same scenario with $150,000 in damages, conversion coverage would allow you to collect the full $25,000 from the at-fault driver’s liability insurance plus the full $100,000 from your conversion coverage, for a total of $125,000, significantly more than the $100,000 you’d receive under standard coverage.

While conversion coverage requires an additional premium, it provides substantially better protection in serious accident cases. Insurance companies must offer this option when selling new policies and disclose it clearly, but it’s up to you to purchase it.

Waterbury Car Accident Lawyer Dan Petroskey

Critical Deadlines You Must Know

Connecticut imposes specific time limits for pursuing UM/UIM claims that you must carefully observe. Whether you’re filing a claim after an accident on Chase Parkway in Waterbury, Route 10 in Cheshire, or Boston Post Road in West Haven, understanding these deadlines is critical to protecting your rights.

Three-Year Statute of Limitations

Insurance companies cannot limit the time to file suit or demand arbitration on UM/UIM claims to less than three years from the accident date. This provides substantial time to pursue your claim, but don’t wait too long to initiate the process.

Special Rules for Underinsured Claims

For underinsured motorist claims, you can toll (pause) the statute of limitations by providing written notice to your insurer about your potential UIM claim before the three-year deadline expires. Once you provide this notice, you then have 180 days from the date the at-fault driver’s liability limits are exhausted (through settlement or judgment) to commence suit or demand arbitration.

This tolling provision is particularly valuable because it may take considerable time to settle with or obtain judgment against the at-fault driver, potentially pushing you past the three-year mark.

Exception for Denied Coverage or Insolvency

If the at-fault driver is deemed uninsured because their insurance company denies coverage or becomes insolvent, the statute of limitations may be shortened to as little as one year from the date you receive notice of the denial or insolvency.

Policy-Specific Deadlines

Beyond statutory deadlines, your insurance policy may impose reporting requirements. Many policies require notification within 30 days of the accident or as soon as reasonably possible. While these provisions must still allow at least three years to file suit or demand arbitration, timely reporting protects your rights and prevents your insurer from claiming prejudice.

Common Challenges in UM/UIM Claims

Despite carrying your own coverage, UM/UIM claims frequently face obstacles that can delay or reduce your recovery.

Comparative Negligence Disputes

Your insurance company may argue you were partially at fault for the accident, which can reduce your recovery under Connecticut’s modified comparative negligence system. If you’re found 50% or less at fault, your damages are reduced by your percentage of fault. If you’re found more than 50% at fault, you recover nothing.

Insurance adjusters examining accidents on high-traffic routes like Route 69 in Waterbury or I-91 through Wallingford often scrutinize driver behavior closely, looking for any basis to assign shared fault and reduce their payout obligations.

Causation Challenges

Insurers often dispute whether your injuries were caused by the accident or pre-existed it. They may argue that your medical treatment was unnecessary or excessive. This is particularly common with soft tissue injuries, back problems, and conditions that don’t show clear diagnostic evidence.

Valuation Disputes

Even when liability is clear, determining the value of your claim, particularly for non-economic damages like pain and suffering, often leads to significant disagreement. Your insurer may minimize the impact of your injuries or argue that your treatment was unreasonable.

Coverage Exclusions and Limitations

Connecticut law prohibits certain reductions of UM/UIM benefits, including reductions for Social Security disability benefits or payments to third parties not insured under your policy. However, policies may contain other exclusions, such as for injuries sustained while occupying a vehicle you own but didn’t insure, or injuries that occur during the commission of a felony.

The Anti-Stacking Provision

Connecticut law prohibits “stacking” UM/UIM coverage across multiple vehicles on the same policy or across separate policies. Regardless of how many vehicles you insure or premiums you pay, you cannot add together multiple UM/UIM coverages to increase the available limits for a single accident. This limitation makes selecting adequate coverage limits from the outset critically important.

When You Need an Attorney for Your UM/UIM Claim

While some straightforward UM/UIM claims can be handled without legal representation, many situations strongly warrant hiring an experienced car accident attorney.

• Complex or High-Value Claims: If your injuries are severe, requiring extensive medical treatment, surgery, or resulting in permanent disability, the stakes are too high to navigate the process alone. Attorneys understand how to properly value these claims, including future medical needs and long-term impacts on earning capacity.
• Disputed Liability: When your insurance company argues you were at fault or significantly contributed to the accident, skilled legal representation becomes essential. Attorneys can gather additional evidence, retain accident reconstruction experts, and present persuasive arguments about liability.
• Claim Denials: If your insurer denies your UM/UIM claim, immediate legal intervention is necessary. Attorneys can analyze whether the denial is justified, challenge bad faith denials, and pursue appeals or litigation to overturn wrongful denials.
• Arbitration Proceedings: While arbitration is less formal than court, it still requires skillful evidence presentation and legal argumentation. Attorneys experienced in UM/UIM arbitrations understand the process and can significantly impact the outcome.
• Underinsured Claims Requiring Coordination: When you must first settle with the at-fault driver’s insurer before pursuing your UIM claim, strategic decisions about settlement timing and amounts can significantly impact your total recovery. Attorneys can coordinate these claims to maximize your overall compensation.
• Conversion Coverage Disputes: Claims involving underinsured motorist conversion coverage can raise complex questions about how the coverage applies and what credits the insurer may take. 

Situation	Why You Need an Attorney	Key Attorney Actions
Complex or High-Value Claims	Severe injuries, surgeries, long-term disability, or significant financial impact make the claim too risky to handle alone.	Properly value the claim, account for future medical needs, evaluate long-term earning capacity impact.
Disputed Liability	The insurer argues you were fully or partially at fault for the accident.	Gather evidence, use accident reconstruction experts, build persuasive liability arguments.
Claim Denials	The insurance company denies your UM/UIM claim.	Assess whether the denial is justified, challenge bad-faith denials, pursue appeals or litigation.
Arbitration Proceedings	Arbitration still requires structured evidence and legal arguments despite being less formal than court.	Present evidence effectively, navigate arbitration rules, advocate for the best possible outcome.
Underinsured Claims Requiring Coordination	Settling with the at-fault driver’s insurer before pursuing UIM benefits can impact total compensation.	Strategically coordinate settlements to maximize overall recovery.
Conversion Coverage Disputes	Complex issues arise regarding how underinsured motorist conversion coverage applies.	Analyze coverage terms and dispute improper insurer credits or reductions.

The Importance of Adequate UM/UIM Coverage

The best time to protect yourself is before an accident occurs. When purchasing or renewing auto insurance, carefully consider your UM/UIM coverage limits.

Connecticut allows you to purchase UM/UIM coverage up to twice your bodily injury liability limits. Given that roughly one in ten drivers is uninsured, and many others carry only minimum coverage, higher UM/UIM limits provide crucial protection. This is especially important if you frequently travel high-risk corridors throughout New Haven County or navigate Waterbury’s challenging roadways, where accident rates remain elevated.

Additionally, seriously consider purchasing underinsured motorist conversion coverage. While it requires an additional premium, the enhanced protection can make a substantial difference in your financial recovery after a serious accident.

Moving Forward After an Accident With an Uninsured or Underinsured Driver

Uninsured and underinsured motorist claims can feel like an unexpected second battle after a serious crash, but these benefits exist to protect you when the other driver can’t. The key is acting quickly, documenting everything, and understanding the rules your insurer will follow when evaluating your claim. With the right approach, UM/UIM coverage can help bridge the gap between what the at-fault driver should have paid and what you truly need to recover.

If you’ve been hurt by an uninsured or underinsured driver in Connecticut, you don’t have to navigate the process alone. DeFronzo & Petroskey P.C. can review your coverage, handle communications with the insurance company, and fight for the full compensation you deserve. Call (203) 756-7408 to discuss your case and take the next step toward moving forward.