Car insurance claim rules in Connecticut

What Connecticut requires of an insurer

Section 38a-816(6) of the Connecticut General Statutes lists unfair claim settlement practices. For car claims it uses "reasonable" standards rather than day counts. Fixed deadlines in that section apply only to accident and health claims.

• Communications: failing to acknowledge and act with reasonable promptness on communications about claims is an unfair practice.
• Decisions: failing to affirm or deny coverage within a reasonable time after proof of loss statements are completed is an unfair practice.
• Settlement: not attempting in good faith to reach prompt, fair and equitable settlements once liability is reasonably clear is an unfair practice.

Without a number to cite, the best tool is a written record. Ask the adjuster what is still needed, send it with a dated cover note, and ask for a decision by a specific date. A regulator reading the file will judge "reasonable" from it. Our page on claims that drag on shows how to write that letter, using the NAIC model regulation's 15-day and 21-day benchmarks as a reference point.

How a Connecticut car becomes a total loss

Connecticut sets no percentage of value. The Department of Motor Vehicles says insurance companies have the authority to declare a car a total loss, subject to regulation by the Insurance Department. The insurer then sends the DMV a copy of the title stamped "Salvage," and the plates should come off the car. A rebuilt salvage car goes through a DMV salvage inspection, where the insurance adjuster's report is required.

Because the decision rests on the insurer's own formula, ask for the repair estimate and the valuation side by side, and check the comparable cars. Our guide to total loss claims shows what the settlement should include, and the total loss check runs the numbers.

Appraisals, repair shops and the arbitration program

Motor vehicle physical damage appraisers are licensed in Connecticut, and Insurance Department regulations 38a-790-1 to 38a-790-8 set their conduct rules:

• No steering. An appraiser may not ask that appraisals or repairs be done at a specified repair shop.
• Price agreed with the shop. For a car repaired in Connecticut, the appraiser may agree on a repair price only with a repair shop.
• A copy at the shop. The appraiser must leave a legible copy of the appraisal with the shop chosen to do the repairs.

When coverage and fault are not in dispute but the amount is, and the department's Consumer Affairs staff can't resolve it, you can ask for arbitration. It is open to policyholders with collision or comprehensive claims and to owners claiming against an at-fault driver's insurer, and covers repair costs, the car's value, loss of use, rental and storage charges.

1. Get the Request for Arbitration form from the Insurance Department and choose an in-person or documents-only hearing.
2. Mail it with a $20 non-refundable check payable to "Treasurer, State of Connecticut" and your evidence to the Arbitration Unit, P.O. Box 816, Hartford, CT 06142-0816.
3. Expect a written decision within 15 days after the hearing. If you win, the insurer must pay within 10 business days of receiving the decision.

Reporting a Connecticut crash

Under Section 14-224, a driver in a crash that causes death, injury or property damage must stop at once, give any help needed, and give their name, address, license and registration numbers to the injured person, the property owner, an officer or a witness. If you can't give that information for any reason, you must report the crash to the police immediately.

Officers who investigate a crash that kills or injures someone, or causes more than $1,000 of damage to any one person's property, send a uniform investigation of accident report to the Commissioner of Transportation within five days of finishing, under Section 14-108a. Ask the officer for the report number; your insurer will want it.

Fault, deadlines to sue and complaints

Connecticut is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the damage. Under Section 52-572h, you can recover if your negligence was not greater than the combined negligence of those you claim against, and your damages are reduced by your share. Section 52-584 gives two years from the date an injury to a person or to property is first sustained or discovered to sue, and no more than three years from the crash itself.

1. Ask the insurer in writing for the reason for a denial or a low offer and the policy language it relies on.
2. Call the Consumer Affairs Helpline of the Connecticut Insurance Department at (800) 203-3447 or (860) 297-3900.
3. File a complaint online, by email or with the mail-in form. Our guide to insurance department complaints shows what to include.

Questions people ask