A motor vehicle accident becomes much harder to navigate when the at-fault driver leaves the scene. If you have no way to identify the person who caused your injuries, you may assume that filing a claim is not possible. Connecticut law does offer a path to compensation in these situations, though the process differs from a typical injury claim.
The Connecticut UM coverage mandate
State law requires every auto insurance policy to include uninsured motorist (UM) coverage. This protects you, your household relatives and your passengers when the at-fault driver has no insurance or you cannot find them.
Minimum UM limits are at $25,000 per person and $50,000 per accident for bodily injury. Your coverage is usually equal to your bodily injury liability limits, though you may purchase up to twice that amount.
The hit-and-run claim process
Connecticut makes use of a fault-based insurance system, meaning the at-fault driver’s insurer would normally pay your damages. When you cannot identify another driver, your own UM policy will need to cover your damages.
This also applies in “phantom vehicle” scenarios. In these cases, another driver forces you to swerve or take evasive action that leads to a crash, even without direct contact between vehicles.
Because this is a first-party claim, you are filing against your own insurer rather than a third party. The company will review the circumstances of the accident, including police reports, medical records and other supporting documents.
The key deadlines for filing
Connecticut law requires insurance companies to allow at least three years from the date of an accident to file suit or demand arbitration on a UM claim. Your insurer cannot shorten this window through the terms of your policy.
A separate two-year statute of limitations applies if you file a personal injury lawsuit against the at-fault driver instead. It is important to note that pursuing a case under the wrong one could lead to a dismissal.
Certain situations can shorten these periods further. If your insurer denies coverage or becomes insolvent, you may have as little as one year from the date of that notice to act. Many policies also require you to report the accident within a set timeframe, and delays can give your insurer grounds to dispute.
If law enforcement later identifies the driver, you may have grounds to file a claim against them directly. This opens categories of compensation not available through a UM claim, including the possibility of punitive damages if the driver’s conduct was reckless or willful.
