Connecticut Motor Vehicle Accident Attorney FAQ

When you drive your vehicle on Connecticut roads, you often share the road with speeders, distracted drivers, or motorists under the influence. If a crash occurs, post-accident stress can challenge your ability to remember what’s important. As motor vehicle accident lawyers, we believe you should understand your options before an accident occurs. We created a Motor Vehicle Accident Attorney FAQ to help guide your actions until you can schedule a legal consultation. 

What types of motor vehicle accidents do attorneys handle?

Connecticut motor vehicle accident lawyers handle injury claims involving motor vehicles. Connecticut General Statutes defines motor vehicles as, “…all vehicles used on the public highways…” The list includes:

• Private passenger cars & trucks
• Motorcycles & Autocycles
• Commercial Buses
• Commercial Trucks
• Large and Heavy Large Trucks/Tractor-Trailer Rigs

MVA Attorneys can also handle your case if a vehicle operator hits you while you’re a pedestrian, riding a bicycle, in a wheelchair, or on a scooter or low-power motorized bike. 

How can a motor vehicle accident attorney help me?

When you need motor vehicle accident legal advice, your lawyer can assist you beginning on day one. They provide a long list of critical legal services that protect your legal rights while you take time to heal. 

• Listen to your version of the accident: This first step allows an attorney to identify any accident-related issues on which to focus their investigation.

• Provide an initial assessment of your case: Based on your initial information, an attorney should be able to provide an initial opinion and determine if they can help you.  

• Independently investigate your accident: Once you and your attorney execute a representation agreement, they arrange an independent accident investigation. 
  • Police reports
  • Driver & witness statements
  • Site inspection, etc. 
  • Experts as necessary 

• Evaluate liability: After they complete a thorough investigation, your lawyer examines each party’s actions and develops a theory as to why the other driver is negligent. They also identify any other negligent parties (vehicle owner, employer, etc.)

• Contact responsible parties: Attorneys send a letter to any negligent parties. Their initial communication accomplishes the following:
  • Establishes their law firm as the sole point of contact for your claim
  • Places them on notice of your injuries
  • Requests information about their liability insurer
  • Demands they file a liability claim 

• Place liability insurers on notice: Once an attorney identifies and confirms the responsible party’s insurer, they send written notification of their representation and your intent to make a claim. They notify the insurer to contact the law firm for all accident-related matters. They ask the insurer to confirm their liability limits. Connecticut statutes require they release this information when requested in writing.

• Obtain your medical records: Obtain your written permission to request emergency transport and treatment information, medical bills, hospital records, and narrative medical reports

• Negotiate a settlement on your behalf: When appropriate, your motor vehicle accident attorney can initiate settlement negotiations. Negotiation timing usually depends on your recovery status and the liability insurer’s willingness to resolve the case.  

• File a lawsuit: While attorneys resolve many claims without litigation, filing a lawsuit becomes necessary under certain circumstances: 
  • Unresolved injuries
  • Upcoming statute of limitations 
  • Liability carrier fails to negotiate fairly

• Consider Alternative Dispute Resolution: Despite pending litigation, your attorney can still use a Connecticut court-approved ADR process to resolve your case. These may include:
  • Arbitration
  • Attorney Trial Referees
  • Judicial-ADR (J-ADR)  
  • Fact-Finding Program: for contractual cases such as uninsured or underinsured motorist claims

• Negotiate for maximum compensation: If an insurance company decides to negotiate your claim, your attorney works to get the compensation you deserve. 

• Finalize your claim: A law firm’s car accident legal team works your case until they resolve it. They also take the appropriate steps to finalize your case:
  • Prepare final settlement documents for execution
  • Obtain appropriate signatures
  • File court dismissal for litigated cases
  • Calculate contingency fees
  • Obtain and distribute settlements

Whether it takes months or years of effort, a motor vehicle accident lawyer never sends you a bill until they resolve your case. Connecticut motor vehicle accident lawyers work on a contingency basis. CGS §52-251c establishes fee percentages based on the damages a lawyer recovers for their client.   

When should I contact a lawyer after a motor vehicle accident?

When someone injures you in a crash, you should seek motor vehicle accident legal advice as soon as possible. Timing is essential as evidence often becomes difficult to document and witnesses sometimes change their minds. When you discuss your case early on, your lawyer can conduct a comprehensive investigation, intervene with the liability insurer, and protect your legal rights. 

When a liability adjuster contacts you after an accident, they want as much information as possible without committing to pay your claim. If you agree to a recorded statement, the answers you give may jeopardize your legal rights. If you don’t understand a question’s underlying intent, you may respond in a way that indicates you contributed to the accident. Once an adjuster records your responses, you can’t take them back. 

What should I do immediately after a motor vehicle accident?

If you’ve ever been involved in an accident, you understand that post-accident moments often become anxious, emotional, and stressful. You shouldn’t let that stop you from assessing the situation, complying with legal requirements, and doing whatever it takes to protect your rights. 

• Call 911: State statutes don’t always require you to report an accident, but if you’re injured, you should dial 911. An operator can request medical assistance. A responding officer can document evidence, verify insurance, and administer sobriety tests. They can formalize their opinions and findings in a police report. 

• Offer assistance: Connecticut statutes require drivers to provide assistance to any person injured in your accident. 

• Exchange insurance and identity Information: Connecticut statutes require you to provide information if another involved driver requests it. 

• Document what you can: A lot can happen while you’re waiting for the police to arrive at an accident scene. Witnesses leave the scene. Drivers move their vehicles. Traffic pushes accident debris away. If possible, use your phone camera to document the evidence. If you need help, ask someone to assist you. Document the following:
  • The other driver: identity, insurance, driver’s license
  • The vehicles: makes and models, contact points and damage, stopping positions in the roadway
  • Accident scene: intersection, road condition, traffic signals and signage
  • Weather and lighting 

• Seek medical treatment: If you endured a serious impact, follow up with a medical professional. Traumatic brain injuries, internal damage, and soft tissue injury symptoms can show up days after an accident. Talk to your doctor about the potential for these types of injuries. If you feel immediate trauma, visit an emergency room. 

• Follow doctor’s orders: If you don’t seek medical attention or do what your doctor says, it can cause problems when you make an injury claim. If you don’t seek treatment, your actions become the framework by which an adjuster evaluates your injuries. If you don’t seek treatment, take your pain meds, or follow up as ordered, your doctor can only report that you sustained only minor injuries. 

• Keep a journal during your recovery: Document anything that can help your attorney understand how your injuries affect you. Keep track of your medical visits, hospitalizations, daily pain intensity, physical restrictions, anxiety, missed family events, inability to work or perform household chores, and other meaningful information. 

By the time you recover, you won’t remember many of these things. Your journal can help your attorney establish a fair value for your injuries. It can support settlement negotiations where insurers may set claims values based on injury codes that treat all injuries the same,

How do I find the best motor vehicle accident attorney for my case?

Before you search for an attorney, understand that all attorneys aren’t the same.  You must decide what’s important to you and find the best motor vehicle accident attorney to meet your needs. Here are a few tips to help you during your search. If you’re seriously injured, ask someone to assist you. 

• Seek motor vehicle accident legal advice from an attorney with experience handling car accident injury claims, resources to investigate your accident and manage your case, compassionate representation, availability, willingness to fight for you, and favorable client reviews.
• Ask friends and family for a referral to an injury attorney who previously represented them. 
• Check out each potential attorney’s website. They usually provide information about the law firm and their practice areas. 
• If an attorney seems right for you, contact their office to schedule a consultation. You can use the time to discuss your case and ask your most important questions. An initial appointment is free, and many law firms offer flexible arrangements:
  • Zoom or other online platforms
  • By phone
  • In your hospital room
  • At your home

When you choose an attorney, you may be working together for a few months or a few years. Before you sign an engagement agreement, you should feel comfortable with the relationship. A consultation gives you an opportunity to gauge your compatibility with an attorney. If it feels right, you can execute an agreement and formalize your relationship. 

What compensation can I receive after a motor vehicle accident?

When your attorney settles your car accident claim, they seek three types of compensation: economic damages, noneconomic damages, and in some cases exemplary or punitive damages. 

Economic Damages

Your economic damages include total out-of-pocket costs for incurred and projected future treatment, rehabilitation, and recovery. These may include: 

• Income losses
• Hospitalizations 
• Doctor visits & 
• Medication 
• Mobility devices and prostheses  
• Physical and psychological therapy
• Plastic or reconstructive surgery
• Rehabilitation
• Household assistance
• Medical transportation
• Funeral and burial costs

Noneconomic Damages

Settlements may also include compensation for the value of injuries based on your objective assessments:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of consortium
• Physical Impairment
• Scarring and disfigurement

Exemplary or Punitive Damages

In Connecticut, a court may award exemplary damages to punish a defendant for their actions. The majority of your evidence must demonstrate that the defendant’s reckless indifference or intentional violation of your rights caused their injuries.

What legal advice should I follow after a motor vehicle accident?

The moment a negligent person harms you, your life becomes an open book. Beginning at the accident scene, people begin paying attention to everything you do or say. Don’t let your actions and words sabotage your liability claim. Remember:

• Never admit fault: Legal issues can be complicated. If you decide on your own that you caused an accident, don’t say it out loud. You may jeopardize your liability insurer’s and attorney’s ability to defend you or handle your injury claim effectively. 

Also, don’t say, “I’m sorry.” It sounds like you believe you’re at fault. Remember, your words may come back to haunt you during settlement negotiations, in a deposition, or during a trial. 

• Provide only the facts: All you can ever confirm is your own version of what happened–your speed, your actions, etc. Don’t speculate about the other guy or why you think the accident occurred. 

• Contact a car accident attorney: If you’re injured, don’t try to handle your claim on your own. You need a legal professional working on your behalf to protect your rights, intervene with insurers, and maximize your settlement. 

• Don’t talk to the liability adjuster: Insurers train their adjusters to be polite and personable. This skill comes in handy when they’re trying to gain your trust and cooperation. Remember:
  • Until an adjuster offers a settlement, they’re reviewing liability and damage issues and deciding whether they owe you anything. 
  • If you let an adjuster take your recorded statement, you may say something to jeopardize your claim. 
  • As they talk to you, they’re determining how you might stand up as a witness should you ever go to court. 
  • If they visit you in person, they’ll also try to determine if you’re faking or exaggerating your injuries.  

• File an accident report with your own auto insurer: Auto policies require that you report any accident or lawsuit when your coverage might apply, even if you don’t believe you’re at fault. Also, notify your insurer immediately if the negligent driver files a lawsuit against you. 

Reporting your claim places your insurer on notice of potential liability, medical payments, underinsured motorist, uninsured motorist, and UM conversion claims. Your insurer needs to make sure they don’t owe damages on your behalf. If a delayed report jeopardizes their rights, they may deny coverage or refuse to defend you.

• Watch what you do: Insurers don’t always have the staff to monitor injured people’s activities. They may hire an independent investigator to do it for them. 
  • Don’t talk about your accident or injuries: When an investigator asks questions, people often tell what they know.
  • Avoid social media: Insurers will monitor you on Facebook, TikTok, Instagram, X (formerly Twitter), and other sites.
  • Don’t do anything outside of your home you wouldn’t feel comfortable discussing in a deposition or in court. Investigators may watch and videotape you coming and going.

How is fault determined in a motor vehicle accident case?

An auto policy gives an Insurer the right and duty to determine fault when their insured is involved in an accident. When someone else causes your accident, the other driver’s insurer conducts an initial investigation and notifies you if they choose to deny liability for your claim. Your insurer does the same on your behalf. Insurers rely on a traditional liability formula to assess liability. 

• Duty Owed: Did the other driver have a duty to drive safely? 
• Duty Breached: Did they fail to meet that duty? 
• Proximate Cause: Was their failure a direct cause of the crash?
• Damages: Did the accident cause your damages? 

Under Connecticut’s Comparative Fault statutes, the law recognizes that more than one person can contribute to an accident. If a liability adjuster believes you contributed to an accident, they determine your negligence percentage and deduct it from any settlement offers. If an adjuster decides you were greater than 51%, responsible, based on Connecticut statutes they offer you no compensation.

Courts have the final say

If a liability carrier refuses to pay you, your attorney can still take steps to resolve your case. If necessary, they can file a lawsuit and place the final decision in a judge’s or jury’s hands. 

Do I need a lawyer for a motor vehicle accident if the insurance company offers a settlement?

If a claims adjuster offers you a settlement, it won’t necessarily be adequate to compensate you for your losses. You should never trust a liability carrier to settle your claim fairly. They represent the other driver and their goal is to save money and settle for less than their claim reserve. 

Liability insurers understand that you might not know the full value of your injuries. If you’ve been under treatment for an extended period, they realize that medical bills and lost wages may have placed you in a precarious financial position. They may use that opportunity to settle for a low figure. 

A lawyer for motor vehicle accidents works for you. They evaluate your claim properly and settle it fairly. 

How long do I have to file a motor vehicle accident claim?

Under CGS, §52-584, you have two years after an accident to make a claim for your injuries. If you don’t settle your claim or file a lawsuit before the time expires, you lose your right to make a claim. When you work with a motor vehicle accident attorney, they document your statute of limitations and take timely action on your behalf. 

Contact a motor vehicle accident attorney

If you’re injured in an accident, get the treatment you need, and then contact a motor vehicle accident attorney as soon as possible. When you schedule a consultation you can learn more about your legal options.