What is the Statute of Limitations (or Deadline) for Filing an Uninsured or Underinsured Motorist Claim in Connecticut?

Most Connecticut automobile insurance policies set forth a deadline for filing an underinsured or uninsured motorist claim. Pursuant to Connecticut General Statute Section § 38a-336 (g), that deadline can be no less than three years from the date of the accident. There is an exception to this three-year period however. If the tortfeasor is uninsured because his or her insurance company denied coverage or became insolvent, the deadline can be shortened to one year from the date the tortfeasor receives the denial of coverage or notice of insolvency.

 

The deadline for filing the lawsuit (or demanding arbitration if the policy provides for it) will be set forth in the insurance policy. That deadline however can be no less than THREE YEARS from the date of the accident pursuant to Connecticut General Statute 38a-336 (g) (1).

 

But there are two "exceptions" to this three-year period.

 

Exception one with regard to UNDERinsured motorist claims: the limitation period can be TOLLED by giving written notice to the insurance company of the potential claim BEFORE the deadline has passed. If timely written notice is given, then the deadline for filing suit (or demanding arbitration) will be 180 DAYS from the date of exhaustion of the limits of liability under all applicable policies (or liability bonds) or final judgment. See Connecticut General Statute 38a-336 (g)(1).

 

Exception two with regard to some UNinsured motorist claims: the deadline could be LESS THAN THREE YEARS if the tortfeasor is uninsured because the insurance company denies coverage or becomes insolvent. If so, then the deadline for filing the lawsuit (or demanding arbitration) could be reduced to no less than ONE YEAR from the date the claimant received notice of the denial of coverage or the insolvency. See Connecticut General Statute 38a-336 (g)(2).

 

Here is the language from Connecticut General Statute Section 38a-336:

 

(g) (1) No insurance company doing business in this state may limit the time within which any suit may be brought against it or any demand for arbitration on a claim may be made on the uninsured or underinsured motorist provisions of an automobile liability insurance policy to a period of less than three years from the date of accident, provided, in the case of an underinsured motorist claim the insured may toll any applicable limitation period (A) by notifying such insurer prior to the expiration of the applicable limitation period, in writing, of any claim which the insured may have for underinsured motorist benefits and (B) by commencing suit or demanding arbitration under the terms of the policy not more than one hundred eighty days from the date of exhaustion of the limits of liability under all automobile bodily injury liability bonds or automobile insurance policies applicable at the time of the accident by settlements or final judgments after any appeals.

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