You did everything right. You were driving carefully, someone else caused the crash, and now you are hurt. Then you find out the person who hit you has no insurance, or nowhere near enough to cover what you are dealing with. It feels like you are about to be punished for someone else’s failure.
In Connecticut, you probably are not. The coverage that protects you in exactly this situation is most likely sitting in your own auto policy, and it is called uninsured and underinsured motorist coverage. Here is how it works and what you need to do.
The Short Answer
If an uninsured or underinsured driver hurts you in Connecticut, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage steps into the shoes of the at-fault driver’s missing insurance. You file a claim against your own policy, and it pays for the injuries the other driver cannot.
This is not a favor your insurer is doing you. It is coverage you paid for, and in Connecticut it is required to be part of your policy.
Uninsured vs. Underinsured: The Difference Matters
People use these terms loosely, but they cover two different problems.
Uninsured motorist coverage (UM) applies when the at-fault driver had no liability insurance at all. It also applies in most hit-and-run cases, where the driver who caused the crash cannot be identified, and when the at-fault driver’s insurer has become insolvent.
Underinsured motorist coverage (UIM) applies when the at-fault driver had insurance, but not enough to cover your losses. If your medical bills, lost wages, and other damages exceed the limits of their policy, your UIM coverage can make up part of the difference.
The second situation is more common than people expect. Connecticut only requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident, and a serious injury can blow through those limits quickly. A driver who is technically insured can still leave you far short of what your medical bills and lost wages actually add up to.
Why You Have This Coverage Even If You Do Not Remember Buying It
Connecticut requires uninsured and underinsured motorist coverage as part of every automobile liability policy. You did not have to ask for it. When you bought your auto insurance, this protection came with it, which is why it is worth checking your own policy the moment you learn the other driver was uninsured.
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The Deadlines Are Not What You Think
This is where uninsured and underinsured claims trip people up, because the deadline does not come from the usual two-year personal injury rule. It comes from your insurance policy, with a floor set by Connecticut law.
Under Connecticut General Statutes § 38a-336(g), no insurance company can require you to sue or demand arbitration in less than three years from the date of the accident. So the deadline lives in your policy, and it can be no shorter than three years.
Two exceptions matter, and both can shorten or reshape that timeline:
- Underinsured claims can be tolled, but only if you act early. If you give your insurer written notice of a potential underinsured claim before the deadline runs, the clock changes. You then have 180 days from the date you exhaust the at-fault driver’s liability limits, through settlement or final judgment, to sue or demand arbitration. Miss the written-notice step and you lose the benefit of it.
- Some uninsured claims have a shorter window. If the at-fault driver was uninsured because their insurer denied coverage or went insolvent, the period can drop to one year from the date of that denial or insolvency notice.
The practical takeaway: do not assume you have three years and sit on it. The safest move is to treat notice to your own insurer as something that happens early, not late.
Your Own Insurer Is Not On Your Side Here
This is the part that surprises people most. When you file a UM or UIM claim, you are making a claim against your own insurance company, and in that moment your insurer’s financial interest is directly opposed to yours. Every dollar they pay you on your own coverage is a dollar out of their pocket.
That means the same adjuster who was friendly when you were paying premiums is now evaluating a claim they would prefer to pay as little as possible. They may dispute the severity of your injuries, argue you were partly at fault, or offer a fraction of what the claim is worth. This is not personal. It is how the incentive works.
It is also why handling a UM/UIM claim without representation is risky. You are negotiating against a professional whose job is to minimize your recovery, on a claim that may go to arbitration rather than court.
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What to Do After a Crash With an Uninsured Driver
- Report it to the police. A police report documenting the other driver’s lack of insurance matters, especially in hit-and-run situations.
- Get the other driver’s information anyway. Name, plate, and whatever insurance details exist, even if they claim to have none.
- Notify your own insurer promptly. Given the deadline rules above, early written notice protects your options.
- Get medical treatment and keep documenting it. Your UM/UIM recovery depends on proving the extent of your injuries.
- Do not give a recorded statement or accept an early offer before you understand the claim’s value. Once you settle, you cannot reopen it.
- Read your own policy, or have someone read it for you. Your coverage limits and the exact deadline are in there.
The Bottom Line
Being hit by an uninsured or underinsured driver in Connecticut is not the dead end it feels like. The coverage that protects you is most likely already yours. The two things that cost people money are not knowing the coverage exists and missing the notice deadlines that are shorter and stranger than the ordinary two-year rule.
Baber Law handles Connecticut uninsured and underinsured motorist claims on a contingency basis. There is no fee unless we recover for you, and the consultation is free. If you were hit by a driver with no insurance or not enough, we can tell you what your own policy actually covers.
This article explains Connecticut law generally. It is not legal advice about your situation, and reading it does not create an attorney-client relationship. Your coverage and deadlines depend on the specific terms of your insurance policy and the facts of your case. If a deadline may be approaching, speak with a lawyer now rather than relying on a general summary.
