Connecticut Auto Insurance Coverage Gaps: What You Need to Know
Connecticut's mandatory auto insurance coverage requires a minimum of $25,000 in bodily injury coverage per person. However, this amount often proves inadequate for covering the expenses associated with serious car accidents. Dan Petroskey, a car accident attorney from DeFronzo & Petroskey in Waterbury, underscores the gap between these legal requirements and the actual costs incurred in accidents.
As noted by Petroskey, the liability coverage mandated by Connecticut laws (C.G.S. § 14-112 and C.G.S. § 38a-335) limits insurers' liability, regardless of actual damages. Data from the National Highway Traffic Safety Administration shows the average cost of an inpatient hospital stay after an accident is around $57,000, significantly exceeding the state's per-person minimum coverage.
In addition to medical expenses, property damage can surpass $25,000, with the average cost of a new car in the U.S. now exceeding $48,000. Severe injuries, such as spinal cord damage or traumatic brain injuries, may incur over $100,000 in medical costs within the first year alone, illustrating the inadequacies of minimum coverage.
Connecticut offers solutions to address these coverage gaps. Under C.G.S. § 38a-336, all auto insurance policies in the state include uninsured and underinsured motorist (UIM) coverage. Drivers with UIM coverage exceeding state minimums can seek additional compensation once the at-fault driver's insurance limits are exhausted.
Furthermore, Connecticut insurers must offer underinsured motorist conversion coverage (C.G.S. § 38a-336a), which stacks benefits on top of the at-fault driver’s payouts, unlike standard UIM coverage. This coverage aids in bridging compensation gaps caused by insufficient insurance from at-fault drivers.
The state's modified comparative negligence law (C.G.S. § 52-572h) also affects compensation, allowing recovery only if the injured party's fault does not exceed 50%. Any fault assigned to the injured party proportionately reduces their compensation, complicating claims involving minimum coverage limits.
Petroskey emphasizes the importance of a comprehensive approach to establish the other driver's liability, utilizing crash scene analysis, witness accounts, and detailed medical records. Connecticut’s statute of limitations (C.G.S. § 52-584) typically allows a two-year window from the injury date to file a lawsuit, with an absolute limit of three years from the negligent act’s date.
For accident victims involved with minimally insured drivers, consulting a knowledgeable personal injury attorney is crucial for exploring and securing all available recovery avenues. DeFronzo & Petroskey, P.C., with its established presence in Waterbury, Connecticut, provides representation in personal injury cases, offering consultations to guide clients through their legal options.