Uninsured & Underinsured Motorist Cases
Many of the motor vehicle cases we handle, in addition to presenting potentially complicated legal, medical and factual issues, may present fairly complex issues of insurance coverage. When the insurance coverage of the liable party is inadequate to compensate our clients for the harms and losses caused by the negligence of a motor vehicle operator, it may be necessary to make a claim pursuant to our client’s own automobile insurance policy. All automobile liability insurance policies issued in Connecticut are required to provide various types of coverage, such as property damage and personal injury liability coverage. One type of insurance required in all Connecticut issued automobile insurance polices is uninsured and underinsured coverage. This insurance protects the named insured and all resident relative members of the household against the risk of being involved in a motor vehicle collision and being injured by a driver whose either has no insurance coverage, or inadequate coverage on his or her motor vehicle. This insurance can also protect insured persons from the risk of suffering losses caused by a hit and run driver, a driver who negligently forces them off the road or into another vehicle and leaves the scene of the accident, or from injuries suffered from equipment or cargo ejected from another vehicle.
In these types of situations, we turn to our client's own insurance policy to determine if there is coverage in an amount which can be accessed to provide a remedy for the losses suffered by an innocent victim. Attorney Michael C. Jainchilll, of our office, is the co-author of Connecticut Law of Uninsured and Underinsured Motorist Coverage, published by Atlantic Law Book Company, now in its Third Edition. The Connecticut Supreme Court has referred to this book, written for lawyers and judges, as the "leading treatise" on Connecticut uninsured motorist law.
Examples:
- Uninsured motorist claims may arise out of unusual circumstances. For example, we have successful pursued these claims in a situation where a tire and rim, improperly secured in the bed of a pickup truck, or, in another case flew off the axle of a tractor trailer, and struck a motor vehicle being operated by our client causing serious injuries. In these cases, since the responsible driver could not be identified, we brought claims against our client’s own coverage.
- If you are riding a bicycle or motorcycle, or walking across the street and are injured due to the negligence of an uninsured driver, or if you are struck by a vehicle which flees the scene of the accident, you can make claim to your policy's uninsured motorist protection.
- If you are injured by a driver who has inadequate liability insurance coverage to pay for your medical bills, lost wages, and injuries, there may be the potential for an underinsured motorist claim, depending upon the amount or type of coverage you have purchased.
Call us at 800.344.5297 or contact us online to discuss your legal options.
