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In an automobile accident case, a claim file will be set up, assigned to an "adjuster" and given a case number. The adjuster is responsible for monitoring a claim and has substantial authority in making a settlement on both the property damage (P.D.) and the bodily injury (B.I.) claims.
Insurance companies evaluate bodily injury claims based on many factors, but important consideration is given to the extent of property damage, medical treatment received immediately after the accident, subsequent medical treatment, amount of medical bills, type of injury, permanency of injury and whether there was substantial loss from work. Bodily injury claims can be divided into economic damage claims (i.e. loss of work or earning capacity) and non-economic claims (pain and suffering, loss of life's enjoyment, etc.). Most bodily injury claims are not settled or resolved until the medical treatment has completed and the extent of the injury is known and documented.
Property damage claims deal with the damage to the automobile or other personal property as a result of the automobile accident. These claims are usually resolved within a short period of time based upon an appraisal of the car by an insurance company appraiser. The appraiser sends a report of vehicular damage to the adjuster, who will then negotiate with you regarding a settlement of the property damage claim. Property damage claims should be resolved quickly (usually within 30 days) while bodily injury claims take much longer, usually six months to one year.
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If the accident is clearly the other party's fault, you have the right to submit your claim for property damage (P.D.) to your vehicle directly to that person's insurance company. You may also request other benefits, such as a rental car while your vehicle is being repaired. If the question of fault is disputed, the other party's carrier may only offer you a percentage of the fair market value of the car.
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If the other party's insurance company delays in processing the claim, you can submit the claim to your own carrier if you have collision coverage. Your insurance carrier will then make a claim for reimbursement against the other insurance carrier. If successful, they will reimburse all or part of your deductible to you. That process is called "subrogation."
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If the accident is not your fault, your insurance carrier cannot "rate your policy" for fault. Be aware, however, that you can be rated on a "frequency of claims" basis and, therefore, even if not your fault, a property damage claim can have rating consequences. Also be aware that the allocation of fault is a business judgment the insurance company makes, sometimes in the context of a negotiated subrogation process. If is very difficult, if not impossible, to contest the carrier's assessment of fault.
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You will only be able to get reimbursement for a car rental from your own carrier if you purchased rental coverage.
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Fair market value of your vehicle is determined by industry book values, less offsets for poor condition, high mileage, etc. Most insurance adjusters use the Kelley Blue Book or the National Auto Dealers Association (NADA) Official Used Car Guide. If you disagree with your carrier's valuation, you have the right to get other estimates. Your insurance policy contains instructions on resolution of disputes as to value.
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Be aware that storage fees for "totalled" vehicles are very expensive and the insurance company that is paying your claim will not pay for storage, if excessive. The insurance company that pays you for a totalled vehicle has the right to take possession of the vehicle and vehicle title papers so that it can promptly remove the vehicle from storage and "salvage" it. If you chose not to turn over a totalled vehicle, the insurance company will deduct the salvage value from the fair market value.
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If you settle your property damage claim, be sure that the release is for property damage only and that you are not releasing other claims, i.e. a bodily injury claim.
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In serious accidents, accident reconstruction experts may need to examine the entire vehicle and accident scene and conduct interviews. It is therefore important to obtain representation as soon as possible after a serious accident so that the evidence can be preserved before vehicles are salvaged and crushed.
Medical Bills
- If you have purchased Medical Payments Coverage to cover medical bills following an accident, you may be able to submit bills to your auto insurance carrier depending on the type of coverage and your policy requirements. Be aware that medical payments coverage is no longer mandatory in Connecticut, you must have purchased it separately.
Uninsured Motorists
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If the person who caused the accident is uninsured or does not have enough insurance, you may make a claim under the uninsured motorists/underinsured motorists (UM/UIM) provision of your own insurance policy. You may also make a claim against your own insurance company if you were injured by a "hit and run" driver.
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Your own insurance company will then "stand in the shoes" of the other driver and insurance company. The law requires that every automobile insurance policy sold in Connecticut include UM/UIM protection, but the amount may vary according to what you chose to buy.
Statute of Limitations and Other Deadlines
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In general, victims of accidents occurring in Connecticut due to negligent conduct have two (2) years to bring a claim. If the conduct involved is intentional, victims have three (3) years. Determining the appropriate limitations period depends on the application of facts to law and usually needs to be analyzed by a lawyer.
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If a highway defect is the cause of the accident or if a town or the state is involved, other notices have to be filed within a shorter period of time and you should consult an attorney as soon as possible.
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The time period and manner in which a UM/UIM claim can be presented to your insurance company is contained in the policy provisions. Some policies require arbitration and others require that suit be filed within specified time periods.
Helping Put Lives Back Together for More than 25 years
We can help you, too.
Our main offices are located in Stamford, Connecticut, but you can reach us at any of our three convenient Fairfield County locations by calling 1-888-522-2821 or by contacting us online with a brief description of your situation. You can speak with a lawyer directly about your case. Initial consultations are always provided free of charge and appointments can be made for evenings, weekends, and off-site locations.
You will pay no fees or costs unless we recover compensation in your case.
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