Hit by an Uninsured Drunk Driver in Connecticut? How to Get Compensation (UM/UIM, Lawsuits, and Next Steps)
Estimated reading time: 8 minutes
Key Takeaways
- Being hit by an uninsured drunk driver in Connecticut does not mean you have no options.
- Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverages on your own policy are often the primary recovery routes.
- Immediate steps—calling police, getting medical care, photographing the scene—are critical to protect your claim. See the practical checklist.
- You can sue the driver personally, but collection depends on the driver’s assets and requires additional legal steps.
- Consulting a Connecticut personal injury attorney—especially one familiar with Waterbury—can preserve rights and improve outcomes.
Table of contents
- Hit by an Uninsured Drunk Driver in Connecticut?
- What It Means Legally When the At-Fault Driver Is Uninsured and Intoxicated
- Immediate Steps to Protect Your Compensation Claim
- The Primary Compensation Route: Uninsured Motorist Coverage in Connecticut
- Underinsured Motorist Coverage: When They Have Some Insurance, But Not Enough
- Other Insurance Benefits You Might Be Overlooking
- Can You Sue the Drunk Driver Personally?
- How the Criminal DUI Case Relates to Your Compensation Claim
- Guidance for Crashes in the Waterbury Area
- Damages Checklist: What Compensation You Can Pursue
- Deadlines and Why Waiting Can Hurt Your Case
- When to Hire a Lawyer and What They Actually Do
- Moving Forward After an Uninsured Drunk Driver Crash
- FAQ
What It Means Legally When the At-Fault Driver Is Uninsured and Intoxicated
When a drunk driver causes your crash, you’re dealing with two separate problems that overlap in frustrating ways.
The first problem is liability. The good news is that proving fault against an intoxicated driver is often more straightforward than in other accidents. Police reports typically document signs of impairment. There may be breath or blood test results. Witnesses may have seen the driver stumbling or smelled alcohol. This kind of evidence can make it clear who caused the crash.
The second problem is money. Even when fault is obvious, there’s no insurance company on the other side ready to write a check. In a typical car accident case, you’d file a claim against the at-fault driver’s auto insurance. When that driver has no coverage, that path is closed. Recovery often shifts to your own insurance policy or to collecting directly from the driver personally.
What “Uninsured” Actually Means
When we say the driver is uninsured, that can include several situations:
- No auto insurance policy at all
- A policy that lapsed before the crash
- A policy that excludes the specific driver who was behind the wheel
- Coverage that was denied by the insurer after the crash
- A hit-and-run situation where the driver is never identified (treated as uninsured under many policies)
Each of these creates similar challenges for you as the injured person.
Setting Realistic Expectations
You may still recover significant compensation after a DUI accident with an uninsured driver in Connecticut. But the path forward typically involves more paperwork, more proof-gathering, and more patience than a standard insurance claim. Understanding this from the start helps you prepare.
Immediate Steps to Protect Your Compensation Claim
What you do in the first hours and days after the crash can significantly affect your ability to recover money later. Here’s a practical checklist: practical checklist.
- Call 911 and make sure police respond. DUI documentation from law enforcement is powerful evidence. Officers will note signs of impairment, conduct field sobriety tests, and possibly arrange breath or blood testing. This official record matters.
- Get medical care the same day. Even if you feel okay initially, see a doctor. Some injuries don’t show symptoms right away. More importantly, gaps between the crash and treatment give insurers room to argue your injuries weren’t caused by the accident.
- Photograph everything. Take pictures of all vehicles involved, damage, skid marks, road conditions, traffic signs, and any visible injuries on yourself. Use your phone’s timestamp feature.
- Collect witness information. Get names and phone numbers. Ask if anyone noticed signs of impairment—slurred speech, stumbling, the smell of alcohol.
- Get the crash report case number. Ask the responding officer how to obtain a copy of the report once it’s completed.
- Do not negotiate with the drunk driver. Don’t accept cash or promises of payment. These informal arrangements almost never work out and can complicate your claim.
- Notify your insurance company promptly. Report the crash and ask about your uninsured motorist coverage and any medical payment benefits. Keep your description factual and brief.
- Keep records. Save all medical bills, receipts, and correspondence. Start a simple diary noting your pain levels, limitations, and days missed from work.
What Not to Do
- Don’t delay reporting the crash to your insurer
- Don’t post details about the accident or your injuries on social media
- Don’t give recorded statements to any insurance company if you feel pressured—you can ask to wait until you’ve spoken with an attorney
The Primary Compensation Route: Uninsured Motorist Coverage in Connecticut
For most people hit by an uninsured drunk driver in Connecticut, the main path to compensation runs through their own auto insurance policy. Specifically, through uninsured motorist (UM) coverage.
What UM Coverage Does
Uninsured motorist coverage is a part of your own auto policy that pays you when the at-fault driver has no insurance or cannot be identified. It essentially steps into the shoes of the coverage the other driver should have had.
What UM Can Pay For
This coverage can compensate you for:
- Medical bills (emergency room, surgery, imaging, physical therapy, prescriptions)
- Lost wages from missed work
- Future medical treatment
- Pain and suffering
- Rehabilitation costs
- Other out-of-pocket expenses related to your injuries
How the Claim Process Works
Filing a UM claim involves several steps:
- Open the claim with your insurer. Contact your insurance company and tell them you need to file an uninsured motorist claim.
- Provide documentation. You’ll need to submit the crash report, proof that the other driver is uninsured, your medical records and bills, and documentation of lost wages.
- Insurer evaluation. Your insurance company will review liability (who was at fault) and damages (how much your claim is worth). Even though this is your own insurer, they may dispute the value of your claim.
Common Points of Friction
UM claims don’t always go smoothly. Insurers sometimes:
- Make low initial settlement offers
- Argue that your injuries weren’t caused by the crash
- Point to pre-existing conditions to minimize your claim
- Cite gaps in your medical treatment
- Claim you share some fault for the accident
These tactics don’t mean your claim is invalid. They mean you may need to push back with solid documentation or legal help.
Understanding Your Coverage Limits
Your UM payout is capped by the limits on your policy. If you have $100,000 in UM coverage and your damages exceed that, $100,000 is the maximum you can recover through this route. This is one reason higher coverage limits can be valuable, especially in serious crashes involving drunk drivers.
Underinsured Motorist Coverage: When They Have Some Insurance, But Not Enough
Sometimes the at-fault driver has insurance, but their coverage limits are too low to cover your damages. This is where underinsured motorist (UIM) coverage comes in.
How UIM Works
UIM coverage on your policy can provide additional compensation when the at-fault driver’s insurance isn’t enough. For example, if the drunk driver has only the state minimum coverage and your medical bills alone exceed that amount, your UIM coverage can help make up the difference.
Why This Matters in Serious DUI Injury Cases
Drunk driving crashes often cause severe injuries. Hospitalization, surgery, and long-term rehabilitation can quickly exceed minimum insurance limits. UIM coverage exists precisely for these situations.
Important Considerations
If the at-fault driver has some insurance, you may need to settle with their carrier before your UIM coverage kicks in. Some policies have specific rules about getting consent before settling with the other driver’s insurance. Check your policy or ask an attorney about these requirements to avoid accidentally limiting your UIM claim.
Other Insurance Benefits You Might Be Overlooking
Beyond UM and UIM coverage, you may have access to other benefits that can help stabilize your finances while your injury claim moves forward.
- Medical Payments Coverage (MedPay): If your auto policy includes this, it can pay medical bills regardless of who was at fault, up to the coverage limit. This can help cover immediate treatment costs.
- Collision Coverage: This covers repairs to your vehicle (or its actual cash value if totaled), subject to your deductible. It applies regardless of the other driver’s insurance status.
- Health Insurance: Your regular health insurance can cover treatment while your injury claim is pending. There may be coordination-of-benefits issues to sort out later, but getting treatment shouldn’t wait.
- Disability Benefits: If you have short-term disability coverage through your employer, it may provide wage replacement while you’re unable to work.
The practical strategy here is to use available benefits to keep yourself financially stable now, while pursuing the full value of your claim through UM/UIM coverage or a lawsuit.
Can You Sue the Drunk Driver Personally?
Yes. You can file a personal injury lawsuit against the at-fault driver even if they have no insurance. The legal question of whether you can sue is separate from the practical question of whether you can collect.
Winning Versus Collecting
Getting a judgment in court is not the same as getting money in your pocket. Many uninsured drivers have limited assets. They may not own property. They may have irregular income. This makes collection challenging.
However, some uninsured drivers do have wages that can be garnished or property that can be subject to liens. It depends on the individual’s financial situation.
Available Collection Tools
If you win a judgment, potential collection methods include:
- Wage garnishment (where permitted by law)
- Bank account levies
- Liens on real property
These all require additional legal process and depend on the driver actually having assets to reach.
Why a Lawsuit Can Still Make Sense
Even when collection looks difficult, filing a lawsuit can:
- Pressure the driver to find money for a settlement
- Preserve your legal rights before deadlines expire
- Be required to fully pursue certain insurance arbitration processes
- Create a judgment that remains enforceable for years if the driver’s financial situation improves
A lawyer can help you evaluate whether pursuing a lawsuit makes sense given the specific circumstances of your case.
How the Criminal DUI Case Relates to Your Compensation Claim
When a drunk driver causes a crash, there are typically two separate legal tracks.
The criminal case is brought by the state against the driver. Its purpose is punishment—fines, license suspension, possibly jail time. The victim doesn’t control this case and doesn’t automatically receive money from it.
Your injury claim is a civil matter. It’s about getting compensation for your damages. You (or your lawyer) control this case.
How Criminal Evidence Can Help Your Civil Claim
The criminal investigation often produces valuable evidence for your injury case:
- Police officer observations of impairment
- Field sobriety test results
- Breath or blood alcohol test results
- Dash camera or body camera footage
- Witness statements taken at the scene
This evidence can strengthen your case when negotiating with your own insurance company or if you go to court.
A Key Limitation
You don’t automatically get paid through the criminal case. Courts sometimes order restitution to victims, but this is not guaranteed. When ordered, restitution is often limited in amount and may be difficult to actually collect. Your civil claim remains the primary path to full compensation.
Guidance for Crashes in the Waterbury Area
If you were hit by a drunk driver with no insurance in Waterbury or the surrounding area, there are a few practical things to know.
Obtaining the Police Report
You’ll need a copy of the crash report to document the accident and the other driver’s lack of insurance. For accidents investigated by Waterbury Police, you can typically request the report through the police department’s records division. Keep your case number handy when you call or visit. The report may take several days to become available.
Court Filings
If your case involves a civil lawsuit, it would typically be filed in the appropriate Connecticut Superior Court. The judicial district covering Waterbury handles cases from the surrounding area.
Local Legal Help
Working with a Connecticut personal injury attorney who knows the Waterbury area can be helpful. Local familiarity with court procedures, insurance adjuster practices, and the specific challenges of these cases can make a difference in how smoothly your claim proceeds.
Damages Checklist: What Compensation You Can Pursue
Understanding what you can claim helps you document your case properly. Here’s a detailed breakdown.
Medical Expenses
- Emergency room visits
- Hospital stays
- Surgery
- Diagnostic imaging (X-rays, MRIs, CT scans)
- Physical therapy
- Prescription medications
- Medical equipment
- Future anticipated treatment
Documentation needed: Medical records, itemized bills, treatment plans
Lost Wages
- Time missed from work
- Reduced hours
- Lost overtime or bonuses
- Sick days or vacation time used
Documentation needed: Pay stubs, employer letter confirming missed time, tax returns
Loss of Earning Capacity
If injuries limit your ability to work in the future or force a career change, document medical opinions and vocational assessments.
Pain and Suffering
Physical pain, emotional distress, anxiety, sleep problems, and loss of enjoyment of normal activities can be compensable. See more about pain and suffering.
Documentation needed: Your own testimony, journal entries, statements from family members
Property Damage
Vehicle repair or replacement, rental car costs, towing and storage, and personal property damaged in the vehicle are recoverable. See Property Damage.
Documentation needed: Repair estimates, photos, receipts
Out-of-Pocket Costs
- Mileage to medical appointments
- Home assistance if you can’t do normal tasks
- Childcare costs during treatment
Documentation needed: Mileage logs, receipts, invoices
Deadlines and Why Waiting Can Hurt Your Case
Connecticut has legal deadlines for filing injury and property damage claims. These deadlines, called statutes of limitations, set the outer boundary for when you can file a lawsuit. Miss these deadlines and you may lose your right to pursue compensation entirely.
But that’s not the only timing concern. Your insurance policy likely has its own reporting and notice requirements. These contractual deadlines can be shorter than you’d expect.
Beyond legal deadlines, evidence has its own timeline. Surveillance video from nearby businesses gets overwritten. Witnesses move or forget details. The drunk driver’s circumstances may change.
The safest approach is to act promptly and check with a lawyer early to understand exactly which deadlines apply to your situation.
When to Hire a Lawyer and What They Actually Do
Not every car accident requires an attorney. But a DUI accident with an uninsured driver in Connecticut often presents enough complexity that legal help makes sense.
Consider Hiring a Lawyer If:
- You have significant injuries requiring ongoing treatment
- Your medical bills are substantial
- You’ve missed considerable work
- The insurance company is disputing fault or the value of your claim
- Your UM/UIM claim has been delayed or denied
- You’re unsure whether pursuing the drunk driver personally is worthwhile
- You’re in the Waterbury area and want someone familiar with local procedures
What an Attorney Does in These Cases
An attorney will:
- Investigate the crash and gather evidence of intoxication
- Request police reports, medical records, and other documentation
- Handle all communication with insurance companies
- Prevent you from making statements that could hurt your claim
- Calculate the full value of your damages (past and future)
- Negotiate with your insurer on UM/UIM claims
- Handle arbitration or litigation if a settlement can’t be reached
- Evaluate whether suing the drunk driver is practical given their assets
What to Bring to a Consultation
If you decide to meet with an attorney, gather:
- Crash report case number
- Photos of the vehicles and scene
- Medical visit summaries and bills so far
- Your auto insurance declarations page (shows your coverage)
- Pay stubs or other wage documentation
- Any correspondence from insurance companies
Most personal injury attorneys offer free initial consultations and work on contingency, meaning they only get paid if you recover compensation.
Moving Forward After an Uninsured Drunk Driver Crash
Being hit by someone who was drunk and had no insurance feels deeply unfair. You did nothing wrong, and now you’re dealing with injuries, expenses, and uncertainty about how you’ll be made whole.
But the situation isn’t hopeless. Many people in your position recover meaningful compensation through uninsured motorist coverage, other insurance benefits, or legal action against the driver. The key is taking the right steps early and understanding your options.
Here’s a quick summary of what matters most:
- Get medical care and document your injuries
- Photograph everything and gather witness information
- Report the crash to your insurer and ask about UM/UIM coverage
- Keep all records of expenses and impact on your life
- Don’t miss deadlines—check with a lawyer if you’re unsure
- Consider legal help if your case involves significant injuries or insurance disputes
If you were hit by an uninsured drunk driver in Connecticut, a case review with an experienced attorney can help you understand what compensation may be available and what steps to take next. The sooner you act, the better positioned you’ll be to protect your claim.
This article is for informational purposes only and does not constitute legal advice. Every case is different, and the information here may not apply to your specific situation. If you have questions about a drunk driving accident or insurance claim, please consult with a qualified Connecticut attorney.
FAQ
A: Yes. Your primary options are claiming against your own uninsured motorist (UM) coverage, using other available benefits (MedPay, health insurance, collision), or suing the driver personally. Each path has practical limits and requirements.
A: Many UM policies treat unknown or unlocated drivers in hit-and-run crashes as uninsured. Prompt police reports and evidence are essential—see the hit-and-run guidance.
A: No. Criminal cases are separate from civil claims. Criminal convictions can provide powerful evidence for your civil case, but restitution is neither guaranteed nor typically sufficient to cover full damages. Your civil claim (UM/UIM or lawsuit) remains the main route to compensation.
A: Connecticut has statutes of limitations for personal injury and property damage claims. Deadlines vary, and insurance policies may have shorter notice requirements. Act promptly and consult an attorney to avoid missing critical deadlines.
A: Be cautious. You should promptly notify your own insurer, but you are not required to give recorded statements to other insurers without advice. If you’re unsure, ask to speak with an attorney before giving statements.