Auto accidents are an unfortunate reality on Connecticut roadways. Motorists in Norwalk, Bridgeport, Stamford and throughout the state need to be aware of key Connecticut laws that impact car accident cases. Knowing your rights and responsibilities can make all the difference in successfully resolving an insurance claim or lawsuit after a crash.
Connecticut is a “fault” state when it comes to auto accidents and insurance. This means the party who caused the accident, and by extension their insurance company, is liable for resulting injuries and property damage. After an accident, you have the right to file a claim with the at-fault driver’s insurer or bring a personal injury lawsuit against them seeking compensation.
While this may seem straightforward, there are specific state laws, deadlines, and legal nuances that affect your ability to secure a fair recovery after a Connecticut car wreck. Below we walk through some of the most critical legal issues every driver should understand.
Statute of Limitations for Car Accident Claims
One of the most important laws related to Connecticut auto accidents is the statute of limitations. This sets a strict time limit on your right to file a lawsuit after a crash.
Under Connecticut law, most car accident lawsuits must be filed within two years of the date of the accident. This applies to personal injury claims for accident-related injuries as well as property damage claims for vehicle damage.
While two years may seem like plenty of time, it’s critical to get started on your case as soon as possible after an accident. Investigating the crash, gathering evidence, and building a strong case takes time. Plus, waiting too long can lead to the loss of valuable evidence.
If you try to file suit after the two-year window has closed, the court will almost certainly dismiss your case. So it’s vital not to delay taking action after a crash. Discuss your situation with a knowledgeable Norwalk-Bridgeport area car accident lawyer promptly to protect your rights.
Reporting a Car Accident in Connecticut
After an accident, you may need to report the crash to law enforcement and/or the Connecticut DMV, depending on the circumstances. State law requires you to immediately notify the police if an accident involves:
- Injury or death to any person
- Damage to property of $1000 or more
Even if an accident seems minor, calling 911 from the scene is always a smart idea. The responding officer can secure the scene, coordinate emergency medical care if needed, and create an official accident report. This police report can provide valuable evidence in an insurance claim or legal case.
For less severe accidents, you’ll still need to report the crash to the Connecticut DMV within 5 days if:
- There was an injury or fatality
- Property damage exceeded $1000
- Damages cannot be agreed upon by the involved parties
Connecticut’s Modified Comparative Fault System
When it comes to divvying up fault after an accident, Connecticut follows a “modified comparative negligence” rule. Under this system, you can still recover compensation after an accident as long as your share of fault is less than 51%. However, your damages will be reduced in proportion to your percentage of blame.
For example, say you were hit by a speeding driver while making an improper lane change. If it’s determined you bore 30% of the fault, while the other driver bore 70%, you could still recover compensation – but your awarded damages would be reduced by 30%. So if your injuries totaled $100,000, you’d only receive $70,000.
If your share of fault is 51% or greater, you’re completely barred from recovering anything. So even if the other driver was nearly as responsible as you, you’d get nothing if you’re assigned most of the blame.
Insurance adjusters and defense attorneys frequently try to pin exaggerated amounts of fault on accident victims. Having an experienced Norwalk auto accident lawyer on your side is crucial to avoid unjust blame and strive for full and fair compensation.
Calculating Damages in Connecticut Car Accident Cases
If you’re injured in a Connecticut auto accident that was someone else’s fault, you’re entitled to seek compensatory damages. These are meant to compensate you for the specific harm and losses you suffered.
Compensatory damages in Connecticut are divided into two main categories:
- Economic damages – These compensate for direct financial losses with an objective monetary value, such as:
- Medical bills
- Lost wages
- Vehicle repair costs
- Reduced future earning potential
- Noneconomic damages – These compensate for subjective, non-monetary losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
Economic damages are usually straightforward to calculate using bills, pay stubs, repair estimates and other documentation. Noneconomic damages are more abstract but often significantly increase the value of a claim.
There’s no perfect formula for calculating pain and suffering and other noneconomic damages in Connecticut. Factors considered include:
- The severity and permanence of your injuries
- The level and duration of pain endured
- Resulting disabilities or limitations
- Emotional and psychological impact
- Effect on daily life and relationships
Experienced accident attorneys and insurers may use a multiplier method, assigning a number between 1.5-5 based on severity and multiplying that by the economic damages. For catastrophic injuries, a “per diem” method assigning a dollar value to each day of suffering may result in higher compensation.
Since every case is unique, it’s impossible to specify an average settlement for a car accident in Connecticut. However, a skilled lawyer can assess your situation and give you an informed idea of what your case may be worth.
How Long Do Connecticut Car Accident Settlements Take?
Understandably, most people want to resolve their car accident case and get compensated as quickly as possible. The timeline for settling can vary significantly depending on factors like:
- Accident severity
- Extent of injuries and treatment needs
- Insurance company cooperation
- Liability disputes
- Legal or factual complications
- Whether a lawsuit proves necessary
Some straightforward claims with minor injuries may settle in a matter of weeks or a few months. However, for crashes involving serious injuries, complex facts, or uncooperative insurers, the process often stretches longer.
If filing a lawsuit becomes necessary, that can extend the timeline by a year or more. Even still, most suits settle before going to trial. While a quick resolution is ideal, it’s important not to rush the process before you know the full extent of your injuries and damages. A Norwalk personal injury lawyer can help guide you through settlement negotiations while aggressively advocating for your best interests.
FAQs
What is the car accident law in CT?
Connecticut is a “fault” state, meaning the party responsible for causing the accident is liable for resulting damages. After an accident, you can file a claim with the at-fault driver’s insurance or bring a personal injury lawsuit against them.
How long do you have to report a car accident in Connecticut?
Accidents involving injury, death, or property damage over $1000 must be immediately reported to police. Less severe accidents still require reporting to the DMV within 5 days if there was any injury or property damage over $1000.
Is CT a no-fault state for auto accidents?
No, Connecticut is not a no-fault state. It follows a traditional fault-based system.
What is the average settlement for a car accident in CT?
Average settlements vary widely based on case specifics like accident severity, injuries, and insurance limits. An experienced local attorney can evaluate your case and estimate what a fair settlement may be.
How is pain and suffering calculated in Connecticut?
There’s no set formula, but factors like injury severity, pain levels, disabilities, and disruption to life are considered. Common methods include a multiplier of economic damages (e.g. 1.5-5x medical bills + lost wages) or a per diem approach.
Get Help from a Top Norwalk Car Accident Law Firm
Dealing with the aftermath of a serious auto accident is never easy. At such a difficult time, you need a dedicated advocate in your corner to handle the legal heavy lifting while you focus on recovery. You need a skilled negotiator with the litigation skills to take your case to trial if needed.
The Law Office of Michael E. Skiber has years of experience providing aggressive, client-focused representation to accident victims across Connecticut. From our Norwalk office, we fight tirelessly to get injured individuals like you the compensation they need and deserve.
Attorney Michael Skiber and his team leave no stone unturned when building your case. We’re not afraid to take on big insurance companies and at-fault parties to seek maximum compensation for your injuries and losses.
If you’ve been hurt in a crash in Norwalk, Bridgeport, Stamford, or anywhere in Connecticut, don’t wait to get the legal help you need. Contact The Law Office of Michael E. Skiber today to arrange your free consultation. With our no-fee guarantee, you pay nothing unless we win for you.
