By Senior Partner Ryan Henry
And Attorney Elizabeth “Lizzy” Gilbert

In Connecticut, a car accident is never just a collision between vehicles. It’s also a collision of insurance policies – and there is a direct correlation between the drivers who cause the most severe accidents and those who carry the least insurance.

While most responsible drivers carry adequate coverage, a growing number of motorists on our roads are either completely uninsured or carry state minimum policies that haven’t kept pace with modern medical costs. 

For a personal injury plaintiff, being hit by one of these high-risk drivers creates a secondary crisis. Winning a case against an uninsured or underinsured driver requires far more than proving who was at fault – it requires an experienced Personal Injury attorney who knows how to navigate the complex coordination of multiple sources of insurance coverage.

The ‘High-Risk’ Profile

There is often an overlap between drivers who cannot or do not maintain adequate insurance and those who engage in high-risk behaviors.

• Driver Negligence: Major causes of the worst accidents in CT – such as DUI, excessive speeding, and distracted driving – are statistically more common among drivers who have had their insurance canceled for non-payment or multiple prior violations.
  
• The ‘Judgment-Proof’ Paradox: Drivers with a history of DUIs, excessive speeding, or reckless driving often face skyrocketing premiums. Many respond by letting their insurance lapse or dropping to the bare minimums required by law.
  
• Vehicle Maintenance: Minimal coverage is also frequently linked to older vehicles with deferred maintenance, leading to “mechanical failure” accidents like tire blowouts or brake failures that can cause multi-car pileups.

The Statistical Correlation: High-Risk vs. Low-Coverage

There is a significant legal and financial correlation between low-coverage drivers and high-severity accidents in Connecticut.

Data from the Insurance Research Council and local crash repositories suggests that approximately 10% to 12% of Connecticut drivers are uninsured. When you add underinsured motorists – those carrying only the required state minimum coverage – nearly 33% of drivers on the road may lack the coverage necessary to pay for a catastrophic injury.

Auto insurance policies in Connecticut must include $25,000 per person/$50,000 per accident for bodily injury, $25,000 for property damage per accident, and $25,000/$50,000 for uninsured/underinsured motorist coverage.

In a serious accident – where surgery, MRI diagnostics, and weeks of physical therapy are standard – that $25,000 per person in bodily injury liability is often exhausted before the victim even leaves the hospital.

In fact, that $25,000 may barely cover a single day in a Connecticut hospital ICU (intensive care unit), and the $25,000 property damage limit is often insufficient in a state with a high volume of late-model SUVs and luxury vehicles on the road.

Piercing the ‘Limited Recovery’ Barrier

A law firm can win a million-dollar verdict, but if the at-fault driver has no assets and is uninsured or underinsured with a $25,000 bodily injury policy, the injured victim of an accident is left relying on their own Uninsured/Underinsured Motorist (UM/UIM) coverage – either in part or entirely. 

Many catastrophic accidents involve drivers with minimum policies and no attachable assets, meaning the victim’s own insurance policy often becomes the largest available source of recovery.

If you are injured in an accident with an uninsured driver, the full claim will go against your own UM/UIM policy coverage. If the driver at fault for your injuries has a $25,000 bodily injury policy, it is likely insufficient, and a secondary claim will need to be filed against your own UM/UIM policy.

Your insurance company, which you have paid premiums to for years, suddenly becomes your adversary. They may attempt to:

• Minimize Damages: Arguing that your surgery was “pre-existing” or that your recovery time is excessive.
  
• Offset the Award: Attempt to subtract other benefits you’ve received from your final settlement.
  
• Dispute ‘Consent to Settle’: If you settle with the at-fault driver without your own insurer’s written consent, you may accidentally waive your right to collect underinsured benefits.

How Experienced Injury Attorneys Optimize the Outcome

Experienced injury attorneys do not just look at the police report. They look at the hidden layers of coverage and work to maximize your recovery through strategies like:

• Maximizing available UM/UIM Coverage: If you own multiple vehicles, we may be able to maximize coverage to increase the total pool of funds available for your injuries.
  
• Asset Discovery: We investigate whether the at-fault driver has personal assets or umbrella policies that can be pursued beyond their basic auto insurance.
  
• Bad Faith Litigation: If your own insurance company unfairly denies or delays your UM/UIM claim, we hold them accountable for “bad faith” practices, which can lead to additional damages.

We also make sure no deadlines are missed. Under Connecticut General Statutes § 38a-336(g)(1), if your case against the at-fault driver takes years to resolve (which is common in serious injury litigation), you must take two proactive steps to “toll” or preserve your right to sue your own insurance company:

• Written Notice within 3 Years: You must notify your own insurance company in writing of your intent to file a UIM claim before the three-year anniversary of the accident.
  
• The 180-Day Rule: Once you have “exhausted” the at-fault driver’s insurance (meaning you have accepted a settlement for their full policy limit or won a judgment), you generally have a strict 180-day window to either file a lawsuit or demand arbitration against your own carrier.

• Formal Notice is Documented: We file the necessary protective notices to your carrier early, ensuring the clock doesn’t run out while you are still being treated for your injuries.
  
• Exhaustion is Verified: We handle the complex task of proving to your insurer that the other driver’s policy is truly exhausted – a prerequisite for triggering your own benefits.
  
• Arbitration is Commenced: If your insurer refuses to pay what you are owed, we move your case into arbitration within that 180-day window to keep your recovery on track.

Don’t Settle for the Minimum

If you’ve been injured by a driver with little or no insurance, the insurance companies will try to convince you that $25,000 is the end of the road. It isn’t.

The Cramer & Anderson injury law team specializes in the complex litigation required to pierce these barriers and ensure that high-risk drivers – and their insurance providers – are held fully responsible for the true cost of your recovery.

Contact us today for a free, no-obligation consultation using our online contact form, calling our flagship office at (860) 355-2631, or directly emailing injury law Senior Partner Ryan Henryat rhenry@crameranderson.com or Attorney Elizabeth “Lizzy” Gilbert at egilbert@crameranderson.com.

Actions to Consider With Your Insurance Policy Before an Accident Occurs

Ensure that your auto insurance policy has “Conversion” UM/UIM, rather than Standard. Here’s why:

• Standard: Your insurance company gets a “credit” for whatever the at-fault driver pays you. Your recovery is capped at your own policy limit. If you have $100,000 in UIM and the other driver has $50,000, your company only pays you the difference ($50,000).
  
• Conversion Coverage (No Credit Reduction): Your insurance company does not get a credit. Your full policy limit is “converted” and added on top of whatever you collect from the at-fault driver. In the same scenario ($100,000 UIMC + $50,000 from the other driver), you can collect the full $150,000.
  
• Why it Matters for High-Value Claims: Conversion coverage is specifically designed to prevent the anomalous situation where a victim might be better off being hit by someone with no insurance than someone with minimal insurance.

About Cramer & Anderson

Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the flagship office in New Milford at (860) 355-2631.