Serrano & Serrano, LLC

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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

10 Church St, Naugatuck 203 729-6100

 

What If ... Car Accidents

 
Your Question:
    The police officer told me the driver who caused the accident didn't have insurance.
 
Our Answer:

   We all know that many people drive without insurance.  Our lawmakers know about these uninsured motorists, too.  As a result, the law in Connecticut requires that your automobile insurance company provide you with a type of coverage known as Uninsured / Underinsured Motorist (called "UM" for short) to protect you in these situations.

    Take out your insurance policy, or look it up online, and check the page (the "Declarations Page") that describes the coverage that you are paying for.

    There is a section called Liability that covers you when you cause a car accident, or someone says you did.  This section pays the injured person for medical expenses, lost time from work, and pain and suffering.  Under Connecticut law, this coverage has to be at least $20,000 / $40,000 ($40,000 total but only $20,000 for any one person).

    The next section is usually the Uninsured / Underinsured Motorist part.  This UM coverage takes care of the situation when you or your passengers are injured in a car accident caused by a driver without insurance (an uninsured motorist).  This coverage will also cover you even if you are traveling in someone else’s car or are a pedestrian at the time you are injured.

    The Underinsured part comes in if the insurance policy of the driver who caused the accident is less than the value of your case.  To use this part of your insurance, you must first  collect the total liability coverage of the driver at fault and your UM coverage must be higher than the liability coverage of the driver at fault.

Example:  A driver with $20,000 in liability coverage injures you.  Your UM coverage is $50,000.  You’re case is worth $35,000.  After collecting the $20,000 available from the other driver’s insurance policy, you can collect $15,000 from the Underinsured Motorist coverage in your policy that you have paid for.

    Think of all the insurance ads you have seen.  Has a single one of them ever mentioned UM coverage?  Probably not.  The insurance companies want you to pay for UM coverage.  But they do not want you to know about this protection that you have bought for yourself and your family.

    We at Serrano & Serrano think you should know about your UM coverage.  And that you should use it when necessary, the same way you would use your fire insurance policy if your home accidentally burnt.

    When we tell our clients about their UM coverage rights, there are usually 2 questions:

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(1)  Won’t my insurance company drop me or raise my premiums?

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Why should my insurance company have to pay if the accident is someone else’s fault? 

    As to Question 1:  There is no reason for your insurance company to drop you or raise your rates if you have to use your UM coverage.  Remember, you did not cause the automobile accident.  You were just unlucky to be in the wrong place at the wrong time.

    Insurance companies base their premiums on how likely a driver is to be the cause of a car accident.  That is why a 16 year old male driving a Corvette with traffic tickets on his record and who lives in a city will pay more for insurance than a 60 year old retired woman driving a Volvo and who lives in the suburbs.  He is a greater risk for making the insurance company pay a personal injury claim for a car accident.

    The fact that you were hit by an uninsured motorist does not mean that the same thing is likely to happen to you again in the future.  There is no reason for your insurance company to make you angry by raising your premiums.  You do not present a greater risk to the company that you will cause a personal injury claim.

    Your insurance company has spent a lot of money getting you as a customer.  (Remember those ads.)  They know you can just go to another insurance company that will charge you a premium based on your driving record.  (You did not cause the car accident, so it is not on your driving record.)

    As to Question 2:  Your insurance company is not paying you for someone’s else’s fault.  Your company is paying you for coverage you have purchased to protect yourself for car accidents, the same way your fire insurance policy pays you for coverage you have purchased to protect your house.

    Because UM coverage protects you and your family, it is a good idea to purchase as much of this type of coverage as you can afford.  Make sure that you are properly covered if a car accident results in a personal injury claim for you or a family member.  We recommend at least $100,000 in UM coverage.

When You Need a Car Accident Lawyer,

Rely on Us for Skill, Determination and Experience.

 

Please note that our website is designed to provide only general legal information.

This information is not intended to apply to individual cases.

If you have a legal matter, you should speak with and hire an attorney to handle your specific situation.