Third-Party Claims in Connecticut

Each state has its own way of deciding which party is responsible to pay for the damages after a car accident. In general, each state is either “no-fault” or “at-fault.”

“No-fault” means that your own insurance company pays the compensation no matter who was at fault. “At-fault” means that compensation is paid by the at-fault party’s insurance company.

Connecticut is an at-fault state and follows the “modified comparative negligence” rule. Under this system, you can receive damages if you were at most 51 percent at fault for the crash. If the other party was 49 percent or more responsible for the accident, then they are responsible for paying damages.

As the victim in a car crash, you have 3 options to recover damages:

1. Filing a claim with your own insurance company
2. Filing a claim directly with the other party’s insurance company
3. Filing a lawsuit against the other party

When you file a claim directly with the other party’s insurance company, you have a third-party claim. A free consultation with one of the Connecticut personal injury lawyers at Gould Injury Law can help you decide the best way to file your claim. The faster you start the claims process, the faster you can receive the compensation you deserve.

Minimum mandatory insurance coverage

It is mandatory to carry a certain level of car insurance to operate a vehicle in Connecticut. The mandatory minimum insurance is $25,000 per person, up to $50,000 per accident, with $25,000 for property damage. That might seem like a lot, but when a driver only carries the minimum level of insurance, it can be quickly used up if there is a more serious injury.

Every driver in Connecticut is required to carry uninsured and underinsured motorist coverage. This coverage allows you to make a claim to your insurance company if the other driver’s insurance coverage is not enough to pay for all of your damages, if the other driver is uninsured, or in case of a hit-and-run under certain circumstances.

When you work with one of the fast-working attorneys at Gould Injury Law, we will do our homework to get you the most compensation possible for your case.

If you have suffered a personal injury at work (or an illness caused by your work environment), you can be eligible to receive workers’ compensation benefits. Workers’ comp benefits are “exclusive” benefits. This means that you are restricted from suing your employer to receive additional damages.

That being said, there are certain situations where a third-party claim is possible in the case of workplace injury. For example, if you were the victim of an intentional injury, such as assault, or were injured in a work-related car accident, you could be able to file a third-party claim.

Schedule a free consultation with one of the experienced CT workers’ comp lawyers on our team. A case review can help you learn about the legal options you have available to receive compensation fast after a workplace injury or illness.

Can you receive both workers’ comp benefits and third-party benefits?

If your work comp case meets the requirements necessary for a third-party claim, you can receive benefits by means of both claims. There are limits to the benefits you can receive, though.

Connecticut law states that after receiving a settlement from the third party, the injured employee must use this settlement to reimburse the employee for his or her financial losses, for up to two-thirds of the settlement.

For example, let’s say you were injured in a work-related car accident. Afterward, you received $30,000 in workers’ compensation benefits paid out by your employer. You then filed a third-party claim against the other driver and were awarded a settlement of $30,000. In this case, one-third of the settlement is for you ($10,000), while two-thirds of the settlement ($20,000) must be provided to the employer to compensate for the employer’s financial losses caused by the accident.

If you needed more medical treatment for your injuries down the road, your employer would be required to pay them. However, the $10,000 you received from your third-party claim would not be taken into account. This question was answered in 2018 when the Supreme Court reversed a previous decision that was made in 2016. They affirmed that one-third of the third-party benefits were for the sole benefit of the employee.

Who can file a third-party claim after a workplace injury?

Of course, as mentioned above, the victim of a workplace injury can file a third-party claim in certain situations. Connecticut law allows both an employer and the insurance carrier to pursue a third-party claim as well.

Previously, rulings had stated that only employers had the opportunity to file a third-party claim after a workers’ comp claim. However, this has changed to allow insurance carriers to file a claim to recover payment they gave as workers’ compensation.

After suffering a personal injury, you don’t want to wait to contact a lawyer – you need help fast. You might think that filing a claim after an accident will be an easy process, especially when you are an innocent victim. Unfortunately, though, it can be complicated for those who are less familiar with the legal procedures than an experienced lawyer.

When you work with the experienced lawyers at Gould Injury Law, you can feel confident that your case is being prepared and handled the right way. Our legal team will file your claim on time and work hard to get you the results you need as fast as possible. Above all, we are ready to do what is necessary to fight for your legal rights.
If you are unsure whether you have a case or not, or if you need more advice, call “The Fast Firm” to get the timely guidance you need. Call us today at 888-WIN-FAST for a free consultation.