You may have been rear ended, broad sided, side swiped or forced off the highway by an unidentifiable "hit and run driver"in an automobile accident. Your automobile may have been forcefully struck by a motor vehicle owner/ operator who didn't pay his automobile insurance premium.The defendant that hit you may have been so careless that he failed to report the "car crash" to his carrier and now the defendant's automobile carrier has issued a reservation of rights letter claiming to dishonor the defendant's coverage because he failed to timely cooperate.The defendant may have misrepresented facts to his insurance agent which may result in void of or voidable automobile liability insurance coverage. The liability insurance carrier may now be insolvent. The defendant "tortfeasor" may not cooperate with his insurer voiding his insurance coverage. Automobile liability insurance coverage issues can be tricky and require an experienced car accident attorney with insurance law knowledge to properly assess coverage issues. Your failure to get qualified and savvy automobile insurance law representation may result in you not collecting the fair, just and full monetary damages that you deserve under the law.
The fact scenarios are endless. In fact, you may now have an uninsured motorist claim and may not be precluded from recovering monetary damages. The Rotatori Law Firm can help you in complex matters of automobile insurance coverage and uninsured motorist law. Peter Rotatori, III will investigate the facts, secure wrongdoer automobile policy cancellation lapse evidence and sort out coverage issues on your behalf by reading and analyzing the applicable relevant uninsured motorist policies.
Too often in today's society there are irresponsible automobile owners and operators who fail to carry the minimum mandated $ 20,000/$40,000 of bodily injury liability insurance coverage.
To protect you as a member of the public from operators and owners of uninsured motor vehicles, Connecticut, under Conn. Gen. Stat. 38-336(a)(1), requires each automobile liability policy to also provide uninsured motorist coverage with limits not less than the minimum liability coverage limits of $20,000/$40,000.
Unless there is written proof of a proper "step down" request for a lesser uninsured motorist coverage amount with a proper informed consent form heading of twelve point type, an automobile liability policy must have uninsured motorist coverage that equals the bodily injury liability coverage noted on the declaration page of the policy.
When a defendant wrongdoer fails to carry compulsory motor vehicle insurance, the injured plaintiff has an uninsured motorist insurance contract claim. That claim is primarily under the coverage of the occupied "host" vehicle auto policy and secondarily under the named insured's policy. Any other policies such as an umbrella policy clearly providing uninsured motorist coverage would be "excess" insurance coverage.
An uninsured motor vehicle can be defined as a land motor vehicle that has no bodily injury liability policy at the time of an accident. An uninsured motor vehicle can also be a "hit and run" vehicle where the operator or owner cannot be identified and which hits, or causes an accident that results in bodily injury. Finally, an uninsured motor vehicle may be a motor vehicle which has a bodily injury liability policy at the time of the accident but the insuring company either denies coverage or has become insolvent.
Under Conn. Gen. Stat. 38a-336(g) (1), no insurance company may limit any uninsured motorist suit or demand for arbitration to less than three years from the date of the accident.
Where, however, the automobile liability insurance company of the" wrongdoer" tortfeasor becomes insolvent or denies coverage, no insurance company doing business in Connecticut may limit the time to bring suit against it or make a demand for arbitration under the uninsured motorist provision of an automobile policy to a period of less than one year from the date of receipt by the insured of written notice of insolvency or denial of coverage from the automobile liability insurance company Conn. Gen. Stat.38-336(g)(2).
Feel free to contact Peter Rotatori, III of The Rotatori Law Firm at (203) 626-1446 if you have been in an automobile accident with a driver, owner, or operator who failed to have liability automobile insurance coverage in effect at the time of the motor vehicle accident. Peter Rotatori, III can both advise you and help you recover proper monetary damages under Connecticut uninsured motorist law either by way of settlement or by way of law suit. The Rotatori Law Firm's office is located in Stamford and Southbury which is in New Haven County in between Litchfield and Fairfield County to better serve you.
If you are in Southbury, Stamford, or any of the surrounding areas, contact our firm today!