Uninsured and Underinsured Motorist Claims in Connecticut

By Bertram “Bert” McDowell Jr., Trial Attorney and Chief Executive Officer, Bert McDowell Injury Law · Bridgeport, Connecticut | Last reviewed: October 2026

Quick answer: When the driver who caused a crash has no insurance, too little insurance, or cannot be identified, an injured Connecticut driver can usually turn to the uninsured and underinsured motorist (UM/UIM) coverage on their own auto policy. Connecticut requires that coverage on every auto liability policy, but the claim is made against your own insurer, and it has its own rules and deadlines.

What UM and UIM Coverage Pays For

Under Conn. Gen. Stat. § 38a-336, every Connecticut auto liability policy must include uninsured and underinsured motorist coverage for people who are legally entitled to recover damages from an at-fault driver. The coverage generally pays for bodily injury losses, including medical expenses, lost wages, and pain and suffering, up to the policy’s UM/UIM limits. It also applies when the at-fault driver’s insurer becomes insolvent.

Vehicle damage is a different matter. Bodily injury UM/UIM coverage does not usually pay for car repairs. Those are typically covered by collision coverage, if you carry it, or by a separate uninsured motorist property damage option where available.

How Much Coverage You Have

Connecticut’s minimum liability limits under § 14-112 are $25,000 per person and $50,000 per accident for bodily injury. By default, your UM/UIM limits must match the bodily injury liability limits you buy. You may choose lower UM/UIM limits only by signing a written informed-consent form, and never below the state minimums. Insurers must also offer UM/UIM limits up to twice your liability limits.

That default matters more than most people realize. A driver who buys $100,000/$300,000 liability coverage but signed a form years ago reducing UM/UIM to the minimum may discover the reduced limit only after a crash. Reviewing the declarations page now is the simplest way to avoid that surprise.

Underinsured Claims and the Exhaustion Rule

Connecticut defines an underinsured vehicle by comparing limits: the at-fault driver’s liability limits must be less than the UM/UIM limits on your policy. Your insurer pays UIM benefits only after the at-fault driver’s liability coverage has been exhausted by settlement or judgment, and with standard UIM coverage the total recovery from all sources cannot exceed your own UM/UIM limit.

For example, if the at-fault driver has $25,000 in coverage and you carry $100,000 in UIM coverage, standard UIM coverage would generally provide up to $75,000 more after the at-fault insurer pays its $25,000.

Conversion Coverage

Insurers must also offer underinsured motorist conversion coverage for an additional premium. With conversion coverage, the at-fault driver’s payment does not reduce your benefits. In the same example, conversion coverage could make the full $100,000 available on top of the $25,000 liability payment. For people who drive often or have significant income to protect, it is worth asking an agent about.

No Stacking

Connecticut generally prohibits stacking, meaning UM/UIM limits for multiple vehicles or policies cannot be added together for a single accident. The statute also sets priority rules for passengers and drivers of vehicles they do not own. The full text is available from the Connecticut General Assembly.

Deadlines That Differ From an Ordinary Injury Claim

A negligence lawsuit against the at-fault driver generally must be filed within two years under § 52-584. UM/UIM claims follow their own timeline. Under § 38a-336(g), a policy cannot require a lawsuit or arbitration demand sooner than three years from the date of the accident.

For underinsured claims, the deadline can be extended if the injured person gives the insurer written notice of an underinsured motorist claim before the period runs out, and then files suit or demands arbitration within 180 days after the at-fault driver’s liability coverage is exhausted. Connecticut courts have held that the notice must clearly identify an underinsured motorist claim, so a general letter about a possible claim may not be enough.

Fault still matters. The insurer can raise the same defenses the at-fault driver could, including comparative negligence under § 52-572h. An injured person whose share of fault exceeds the combined fault of the other parties cannot recover, and a smaller share reduces the award proportionally.

Making the Claim Step by Step

1. Report the crash to police and to your insurer promptly. Most policies require prompt notice, and hit-and-run claims often depend on a timely police report.
2. Gather the evidence. Photographs, witness contacts, the police report number, and medical records connect the injury to the crash.
3. Confirm the at-fault driver’s coverage. Whether the claim is UM or UIM depends on what insurance, if any, the other driver had.
4. Send written notice of a UIM claim if the at-fault driver’s coverage may be insufficient, rather than waiting.
5. Get your insurer’s consent before settling with the at-fault driver, since many policies require it to protect the insurer’s rights.
6. Resolve the claim through negotiation, arbitration, or suit. Your own insurer evaluates the claim like an adversary would, so documentation matters as much as it would against a stranger’s insurer.

Find Attorneys’ overview of how personal injury settlements work explains what typically happens once an offer is made.

An Unidentified Driver and a Six-Figure Recovery

Hit-and-run crashes show why this coverage matters. Among the results listed on the author’s firm’s case results page, a client was struck by an unidentified driver who fled the scene and suffered soft tissue injuries to his neck, back, and hip. With no at-fault driver to pursue, the case resolved for $240,000. In situations like this, the injured person’s own uninsured motorist coverage and a well-documented police report are often the only path to compensation.

Past results depend on the specific facts of each case and do not guarantee a similar outcome in any other matter.

Uninsured and Underinsured Claims After Truck Crashes

Commercial trucks are rarely uninsured, because federal rules under 49 C.F.R. § 387.9 require interstate carriers of general freight to carry at least $750,000 in liability coverage. Underinsurance can still arise when injuries are catastrophic or several people share the same policy limit. Smaller commercial vehicles, contractors’ pickups, and intrastate delivery vans may carry far lower limits.

Truck cases also involve more parties, including the driver, the carrier, a broker, and sometimes a maintenance company, each with separate insurance. Someone consulting a Bridgeport truck accident lawyer about a crash with a commercial vehicle should expect the first steps to include identifying every policy that may apply before turning to their own UIM coverage. Find Attorneys’ article on using technology to prove a truck accident claim covers the electronic evidence these cases often rely on.

Check Your Policy Before You Need It

• Look at your declarations page and confirm your UM/UIM limits match your liability limits.
• Ask whether underinsured motorist conversion coverage is available and what it costs.
• Consider medical payments coverage and collision coverage to handle bills and repairs quickly.
• Keep a copy of any form you signed reducing UM/UIM limits.

Many Connecticut drivers carry only the minimum limits, and some carry none at all. A few minutes reviewing your own coverage is the most reliable protection against both.

Authorities & Sources

1. Conn. Gen. Stat. § 38a-336: Uninsured and underinsured motorist coverage
2. Connecticut General Assembly: Chapter 700, insurance statutes
3. Conn. Gen. Stat. § 14-112: Minimum security requirements
4. Conn. Gen. Stat. § 52-584: Limitation of actions for injury
5. Conn. Gen. Stat. § 52-572h: Comparative negligence
6. 49 C.F.R. § 387.9: Federal minimum levels of financial responsibility

Disclaimer

This article provides general information about uninsured and underinsured motorist claims in Connecticut. It is not legal advice, and reading it does not create an attorney-client relationship. Policy terms vary, and deadlines depend on the facts of each claim. Anyone injured by an uninsured, underinsured, or unidentified driver should review their policy and consult a licensed Connecticut attorney promptly.