Your safety and the safety of others with you is the number one priority in an accident.
Make sure you get the information of those involved in the accident and check their well-being. For all, including witnesses, get the following information:
If you are in an unfamiliar area, record street names or other landmarks like businesses. Look around for any surveillance cameras on the street or nearby business which may have captured some or part of the accident, or the speed of the cars before the crash. Record their locations for future reference. Do not admit fault or apologize to anyone. Do not leave until the police say you can go. Even if you don’t think you are seriously injured, you should make an appointment to get checked out ASAP by a convenient walk-in center or your Primary care doctor. This is especially true if you are experiencing any headaches, numbness, or tingling in your arms hands or legs. Immediate documentation and evaluation of your injuries is extremely important for the fair and timely resolution of your injury claim. Remember to make a log daily of any symptoms from your injuries.
No, not immediately. Unfortunately, in Connecticut, every person injured in an auto accident, regardless of who is at fault, is responsible for paying their own medical bills until the final disposition of the claim. This can be a financial hardship, especially for accident victims who don’t have health insurance or who have high deductibles on their health insurance plans.
However, you may have options.
First, check your own car insurance policy. You may have medical coverage available for you and anyone else in your vehicle who was injured in the accident. It is called Medical Payment or Med Pay coverage. Often these bills have to be incurred and claims submitted within one year of the date of the accident. As your auto accident attorneys, we can often make arrangements for you to see medical specialists in your local area without upfront cost to you under a letter of protection. This means we and your doctors have have agreed to provide medical care and treatment for you and will be paid by our firm when the case is settled. Before you receive your money, all bills will be paid.
If you are not at fault, you are entitled to payment from the at-fault party for a rental car similar to your own. If fault is in dispute, check your own policy to see if you have rental coverage. If you choose not to rent a car, you may be entitled to compensation for what is called “loss of use.” Essentially you receive a reasonable daily rate in lieu of the rental car. At times, a car accident victim and an insurance company cannot agree on these rental terms (i.e. how long a rental car is needed, how much to pay, or how long payments should continue). You then have the option of contacting the Consumer Affairs Unit which is a part of the Connecticut Insurance Department.
Yes. Connecticut law states you are completely in control of where your car gets fixed after an accident. You can get the repair job done at the place you feel most comfortable.
Every motor vehicle dealer, repairer, leasing company, and manufacturer operating in the state of Connecticut must be licensed by the Department of Motor Vehicles. The list of those licensed by the state to operate updates weekly and can be found at the DMV website. Any place not on this list is not a reputable location and you are using them at your own risk. If you have an issue with a repair shop or other kind of company on this list, the DMV has authority to investigate some but not all issues. A list of these issues can be found here. You can also find a form to file a complaint against a company on the list of licensed companies.
our own insurance company can help. All automobile insurance policies are required, by law, to include coverage for accidents caused by uninsured and underinsured drivers. Your auto policy protects you, and anyone else in your vehicle, if you get into an accident caused by a hit and run driver, or with a person who is driving without adequate liability coverage to compensate you fully for your personal injury. This type of coverage, however, does not cover your auto repairs.
When the cost to repair your car is greater than the value of the car itself, your car has been totaled. Even though your repair cost has reached this threshold, you can still decide to keep your car and repair it. However, this will decrease the value of the vehicle, and the amount you will be paid for the total loss. When an insurance company declares a car totaled, they inform the state’s DMV. This means the registration on the car is effectively canceled and you should remove your license plates from the car. It will be illegal for you to drive this car. Typically, the title to the car will also get a “salvage” stamp. To continue driving the car after repairs are done it needs to pass a DMV salvage inspection which you can learn about here. There is also a salvage inspection form with more information which you can read and fill out out here.
The Connecticut Insurance Department requires insurance companies use at least two of their commissioner-approved car pricing guides to determine how much your car is worth. They prefer one of them be the NADA Used Car Guide. The other approved pricing guides have links here. The insurance company will then average the listed retail values to come up with their offer your car. They must send you their itemized valuation report or appraisal explaining how they arrived at their total loss figure. Experienced accident attorneys can often, but not always, get a better offer for you.
No matter what kind of part is involved, you can choose what you want to put on your car. Under law, the repair shop must inform you in their estimate exactly what kind of parts they will use in the repair. Insurance companies might be unwilling to pay for more expensive parts, and you might have to pay out of pocket if you want either new or even used OEM parts. Additionally, when it comes to body work on the plastic and metal on your car, non-OEM parts are often used. This is allowed by Connecticut law. Again, this must be detailed in the estimate you receive from your repair shop. There are a lot of technical terms thrown at you regarding parts after a car accident. Here’s a quick guide to some common ones:
Your insurance company will go through what is called subrogation. Basically, your insurance company will bring a claim against the at fault party or their insurance company for reimbursement. Should they win, they’ll get their money back and usually you will get your deductible refunded when they do. The process usually takes a few months.
No. Your first consultation is free. For some types of accidents, we can offer an additional free, 30-days behind-the-scenes legal assistance. If you decide to hire us, we work on a contingency basis. We don’t get paid until you win or we obtain a settlement for you.
You are more likely to obtain personalized care from a local attorney. A local auto accident attorney can also direct you to the best local medical providers, doctors, chiropractors, physical therapists, etc., who can provide the most convenient medical care for you. A local accident attorney will know which local medical providers are most able and willing to assist you with the important documentation and reporting needs require for your claim. Unfortunately, many doctor’s offices don’t want to bother. Because local attorneys speak to all insurance carriers frequently, they have developed relationships and can get their calls returned quickly, and move your claim forward faster than you can when working on your own.
Unfortunately, any time you use your insurance at all, you risk increasing your rate, even if you are not at fault in a car accident. Many insurance companies offer what is known as an “accident forgiveness” policy where the first accident you have will not increase your rate. However, in Connecticut, there are no statutes or regulations limiting how high your rates can rise after an accident or for how long. For instance, the first time you have accident, without accident forgiveness, it might result in a ten percent increase. Typically, insurance companies will keep your rate increased for 5 years.
This gets complicated, so having experienced lawyers advising you is your best course. You are entitled to a recovery for your additional pain and suffering due to the accident and for any temporary or permanent worsening of your underlying preexisting condition. When you have a previous condition, it is important to get legal advice on what to do about your medical care as soon as possible. It is very important in this situation to create an accurate medical record of the new condition and new symptoms as soon as possible after the accident.
No. Your first consultation is free. For some types of accidents, we can offer an additional free, 30-days behind-the-scenes legal assistance. If you decide to hire us, we work on a contingency basis. We don’t get paid until you win or we obtain a settlement for you.
You are more likely to obtain personalized care from a local attorney. A local auto accident attorney can also direct you to the best local medical providers, doctors, chiropractors, physical therapists, etc., who can provide the most convenient medical care for you. A local accident attorney will know which local medical providers are most able and willing to assist you with the important documentation and reporting needs require for your claim. Unfortunately, many doctor’s offices don’t want to bother. Because local attorneys speak to all insurance carriers frequently, they have developed relationships and can get their calls returned quickly, and move your claim forward faster than you can when working on your own.
Unfortunately, any time you use your insurance at all, you risk increasing your rate, even if you are not at fault in a car accident. Many insurance companies offer what is known as an “accident forgiveness” policy where the first accident you have will not increase your rate. However, in Connecticut, there are no statutes or regulations limiting how high your rates can rise after an accident or for how long. For instance, the first time you have accident, without accident forgiveness, it might result in a ten percent increase. Typically, insurance companies will keep your rate increased for 5 years.
This gets complicated, so having experienced lawyers advising you is your best course. You are entitled to a recovery for your additional pain and suffering due to the accident and for any temporary or permanent worsening of your underlying preexisting condition. When you have a previous condition, it is important to get legal advice on what to do about your medical care as soon as possible. It is very important in this situation to create an accurate medical record of the new condition and new symptoms as soon as possible after the accident.
While we want to stay connected to those we care about, especially after something like an accident, we need to remember to be careful when posting on social platforms. Be sure to use good judgement and be extra cautious about what you say, or what pictures you post, including during your recovery from your injury. Most insurance companies will be able to access your posts and will try to use your statements and photos against you in any way they can during settlement negotiations, even if it’s not fair to you.
The Connecticut Insurance Department (CID) Consumer Affairs Unit is a state agency that handles such disputes. If a member of the Consumer Affairs Unit is unable to mediate the dispute, arbitration can be an option for consumers. The consumer first files a complaint with the Consumer Affairs Unit. When submitting your initial complaint, you will provide copies (NOT originals) of all documents or other items, such as photographs, pertinent to your case. You should keep additional copies in case you have to submit them for arbitration at a later date.
Arbitration is a private meeting between two (or sometimes more) parties in a legal dispute. The purpose is to see if the parties can come to an agreement to settle their dispute instead of going to a trial. An impartial person, called an arbitrator, hears both sides of the dispute and makes a decision based on the evidence presented. The parties follow rules they’ve agreed to. The results of arbitration can be just as enforceable as a ruling in court.
There are two kinds of disputes which can be resolved by arbitration with the Connecticut Insurance Department. The first is when a consumer is making a claim against their own insurance company under the terms of the policy agreement. The second is when a consumer is making a claim against the at-fault driver’s insurance company. Both kinds require coverage or liability, depending on the situation, is not in dispute. It should be noted, arbitration in this context is only available for private passenger motor vehicles.
According to the Connecticut Insurance Department some examples are:
Once the Consumer Affairs Division has determined arbitration is needed, a consumer can ask the Connecticut Insurance Department for a Request for Arbitration Form. They will ask you to fill out the form, and mail it to:
Arbitration Unit
Insurance Department
State of Connecticut
P.O. Box 816
Hartford, CT 06142-0816
You must include a check for $20 made out to “Treasurer, State of Connecticut” along with the form and all the evidence you want the arbitrator to see. They will accept copies or original documents. In addition to documents and/or photographs, arbitrators will typically want items like itemized bills or invoices and any cancelled checks or paid receipts. A statement of all the facts to the best of the consumer’s knowledge is also part of the form. The most important thing for this section is to provide dates, information, and evidence surrounding the claim. Additionally, you have the option to select in-person arbitration (where witnesses are allowed), or an evidentiary arbitration where the arbiter will decide based on the strength of the evidence submitted by the parties.
The Connecticut Insurance Department uses members of the American Arbitration Association to facilitate arbitrations. They provide a list of 10 experienced, neutral people qualified to hear the case. If one side or the other objects to the arbitrator, or if they are unavailable for another reason, the next one on the list is then appointed. To ensure impartiality, arbitrators must have not worked for an insurance company or the CID in the previous 12 months.
People who have suffered concussions are often unaware of the extent of the injury. Some common symptoms for a mild Traumatic Brain Injury (TBI), or concussion, can include:
In more serious cases of moderate to severe TBI, the symptoms can also include even more troubling symptoms:
There are two kinds of Traumatic Brain Injuries or TBI, closed brain injuries and penetrating brain injuries. A closed brain injury happens when the brain forcefully hits the inside of the skull but there is no damage to the skull. While a concussion is a fairly common kind of closed brain injury, it is not the only kind. Concussions are also called mild TBI. But, just because they are labeled mild, experts stress it doesn’t mean they are any less dangerous. Penetrating brain injuries occur when the skull has been cracked, broken, or penetrated in some manner.
Yes. While loss of consciousness following a consussion is something you hear about frequently, it doesn’t always happen. Oftentimes, people who have suffered serious concussions do not lose consciousness at all.
Yes, you can experience a concussion without an external impact to your head. A concussion can happen during forceful backward and forward motions like those occuring in whiplash – typical in rear-end collisions. Concussions, either from whiplash or a blow to the head, have the same or similar. Even if you didn’t hit your head but feel any symptoms noted above, please get yourself checked out at either your local emergency room or your primary doctor.
Yes. There are two kinds of brain injuries, primary and secondary. A primary head injury typically occurs in a car accident or a fall. There is a sudden impact to the skull with resulting damage at the time of impact or shortly thereafter. A secondary brain injury is one which does its damage gradually, over time. It could take hours or days to manifest after the primary impact. This is often the type of concussion one experiences due to a whiplash injury.
How a person is tested for a brain injury varies based on several factors. These are the most common tests:
Typically, the first test an emergency room will do is a CT Scan. But, many times, people who have concussions can be evaluated and sent home without the need for any of these tests.
The rights and obligations of persons who suffer workplace injuries are described in state statutes known as the Workers’ Compensation Act. Under these workers’ compensation laws, both injured workers and their employers have to give up certain rights in exchange for obtaining other benefits.
Seek medical attention as soon as possible. You need to document your injury and your necessary treatment, both for your health and for purposes of supporting a workers’ compensation claim. You should also find a lawyer who can help you document how you were injured, such as by interviewing co-workers or other witnesses, and acquiring photographic and video surveillance from your workplace. An experienced workers’ compensation attorney can also help guide you to obtain appropriate, necessary, and timely medical evaluations and treatment.
The law requires your employer to post the workers’ compensation insurance carrier information in a public place at your place of employment. You can also request that your employer provide you with the contact information. If they are unwilling to provide this information to you, the Workers’ Compensation Commission can be of assistance to you in obtaining this information, and at that point, you should probably consult an experienced workers compensation attorney.
You need to notify your employer immediately if you sustained an injury while on the job. In addition, there is a workers’ compensation form called a Form 30C which can be found on the official State of Connecticut Workers’ Compensation Website which you should complete as soon as possible following your injury. It must be mailed, via certified mail, return receipt, to both your employer and to the Workers’ Compensation Commission. Instructions on how to complete this form are provided on the website.
You should file Form 30C as soon as possible. An employer’s accident report does not substitute for Form 30C for you to get benefits, and if your employer refuses to file a report, you need to document the injury and file Form 30C so you can get benefits.
Workers’ compensation is responsible for the payment of any reasonable or necessary medical treatment and weekly benefits you may be entitled to as a result of your inability to work due to your work-related injury. You are also entitled to mileage reimbursement for any medical appointments you attend. An award for permanent injury is available if you do not fully recover from your injuries. However, being entitled to these benefits and actually receiving them, on time, in the correct amounts, are separate issues. You will almost certainly need an attorney for any serious injury, such as a back or head injury, or for any injury that may require surgery or prevent you from returning to your usual occupation.
After you properly report and file a claim with your employer, if you have a note from a doctor and you are unable to work, you should receive a worker’s compensation check after your first week of compensation, but that often does not happen without the guidance and assistance of an attorney from day one. Employers often try to challenge, delay, or reduce workers’ compensation claims by questioning what happened and the severity of the injury.
Yes. Benefits can sometimes be temporary or less than what you are entitled to receive. Also, your employer may dispute your claim or the continuation of your benefits at any time, at which point you can be caught by surprise or unprepared unless you have an experienced attorney.
The judge is supposed to resolve disputes over workers’ compensation. So, while the administrative law judges employed by the state are supposed to help, they are not there to advocate for you and your case. Only your lawyer will advocate for you in a proceeding or hearing, and only your lawyer will know the relevant facts and issues, so in contested cases you will likely need one on your side.
The best thing to do is talk to an experienced workers’ compensation lawyer. Claims can be denied for various reasons, including an employer challenging whether an injury happened at work as opposed to somewhere else. A lawyer can help you bring together the documentation you need to fight a denial and obtain compensation and treatment.
Once you report an injury to your employer, you may be directed to a specific medical facility to obtain care for your injury. With some limited exceptions, such as in the case of your employer having an approved (by the Workers’ Compensation Commission) managed care plan, you are entitled to select a provider/doctor of your own choosing.
The weekly compensation rate is based on the average of the 52-week gross wages earned by you prior to the date of your injury. The net benefit to you is approximately 75% of the employee’s net pay, after federal and state tax deductions.
If you are unable to work following your work-related injury, you are entitled to the payment of weekly workers’ compensation benefits due to your inability to work. The weekly compensation rate is based on the average of the 52-week gross wages earned by you prior to the date of your injury. The net benefit to you is approximately 75% of the employee’s net pay, after federal and state tax deductions. An attorney can assist in confirming that your workers’ compensation benefit is correct by requesting the wages from the employer to ensure the accuracy of the calculated rate.
If you had more than one job at the time of your work-related injury, you may be entitled to an increase in your weekly workers’ compensation rate to compensate you for lost income from the second job. This is called concurrent employment. Notify the workers’ compensation carrier responsible for your injuries of all other employment you were engaged in at the time of the injury. The portion of your lost wages from any other jobs is funded by the State of Connecticut, and not the responsibility or your concurrent employment employers. However, you must be working both jobs during the same weekly pay period to be eligible for the additional benefit.
No. The law protects workers’ from being fired or discriminated against in the workplace for filing a compensation claim. Employers who retaliate against workers’ filing for compensation open themselves up to lawsuits from those workers, rather than being protected under the workers’ compensation system. Under Conn. Ge. Stat. Sec. 31-290a, employers are prohibited from retaliating against a worker for filing a claim.
Conn. Gen. Stat. §31-290c makes it a felony to make a fraudulent claim or receive benefits based on a fraudulent claim. Employers may also suspect that an injury is fake or did not happen at work and may try to investigate before paying out benefits. If this is a concern, you should immediately consult an attorney.
Surveillance can come from your employer or their insurer, or an investigation can come from the state’s workers’ compensation fraud unit. False compensation claims and receiving benefits based on fraud are felonies, and employers do not want to pay out benefits based on non-workplace injuries or exaggerated injuries.
The exact timeline for receiving workers’ compensation will vary considerably based on the injury, and numerous other factors. A free consultation with an attorney is the best way to get the best answer to this question.
Respondent’s Medical Examination (RME) is an examination by a physician of the employer/insurer’s choosing. The exam is used to establish that your injury is what you say it is and to evaluate whether it occurred in the workplace or in some other manner. Under the law, an RME can be requested by your employer, and refusing to attend the RME will likely result in the suspension of your benefits, without good cause.
Job Searches are required when your doctor indicates that you are not, or no longer totally disabled from work, and indicates that you have a work capacity with restrictions. If your employer is unable to accommodate you with a position within those work restrictions, you will need to perform weekly job search efforts to be eligible for continued weekly benefits. You will be required to make a real bona fide effort to find work that you are qualified for, within the work limitations imposed by your physician and your injury. These job search notes must document the date, name, address of the employer contacted and the result of the contact. Job search notes will also be required for the receipt of 308a benefits, which is available if it is determined by your doctor that you cannot return to your previous employment as a result of your injuries.
An Authorization for the release of your medical records will be required and you can sign an Authorization. It is not recommended that you sign any other forms without consulting with an attorney first to protect your rights.
FMLA protects the job of someone who is unable to return to work following a work-related injury. (job protection). In many situations, your employer may require you to complete FMLA paperwork if you will be out of work because of a work-related injury. This will protect your job during your absence, up to the allowable FMLA guidelines.
Under our Workers’ Compensation Act, injured workers do not have to prove that their employer was negligent to be entitled to certain benefits described in the Act. However, in exchange for this, an injured employee may not sue their employer in Court and is only entitled to the benefits described in our Act.
Yes. If someone other than your employer or a co-worker causes your workplace injury, you have a right to sue that third party responsible to recover damages for your injuries, such as if you are injured on the road due to the fault of another driver, or if an employee of another company, such as a subcontractor, is responsible for your injuries.
Yes, because workers’ compensation is a no-fault law, unless you were intoxicated, hurt yourself in clear violation of company safety policies, or while horsing around, you will likely to be entitled to workers’ compensation benefits. However, employers will often manufacture or make up reasons for contesting your claim, in which case, you will likely need an attorney.
If your employer wants to discontinue or reduce your weekly payments, it must file a Form 36 (Notice of Intention to Reduce or Discontinue Payments), sending it to both you and to the Workers’ Compensation Commission. The Form 36 must provide an explanation for its intent to reduced or discontinued payment, and proper medical documentation to support its claim must be provided. If you object to the approval of the Form 36, you must file a Request for a Hearing form indicating your objection, within 15 days of your receipt of the Form 36. If you do not file a Hearing Request form objecting to the approval, the Form 36 will be automatically approved.
In most cases, if an employer wants to contest your right to compensation benefits, and/or payment of your medical treatment, it must file a written notice to you, with the Workers’ Compensation Commission (Form 43) of its intention to contest your claim. If a Form 43 is filed, you should consider speaking with an attorney.
Very few people ever “get in trouble” for filing a valid workers’ compensation claim, or for hiring an attorney. It is against the law in Connecticut to terminate an employee for filing a workers’ compensation claim. Most employers do not penalize or punish their employees for pursuing a claim. You have every right to hire counsel to assist you and defend your rights as an injured worker. If you are worried, based on past experience about retaliation of any kind from your employer, you should consult an attorney before you decide what to do.
South Windsor Personal Injury Lawyer | Auto Collision Attorneys
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