Hit by a Holiday Traveler? What Out-of-State Drivers Mean for Your New Haven Accident Claim

The Thanksgiving travel boom brings an influx of out-of-state license plates to New Haven, turning our local roads into a patchwork of drivers unfamiliar with our city’s unique traffic patterns, from the complicated I-95/I-91 interchange to the tight downtown streets.

If you are a New Haven resident hit by a driver from New York, Massachusetts, or any other state, you may worry about how this complicates your personal injury claim. Rest assured: while the process has unique factors, your rights to compensation are protected.

The Golden Rule: Connecticut Law Applies

Here is the most important fact to remember: The law of the state where the accident occurred governs the case.

If the collision happened anywhere in the New Haven area, the legal framework for determining liability, damages, and insurance requirements is Connecticut law.

This means:

• Connecticut’s Fault System: You will still need to prove the out-of-state driver was negligent to collect compensation.
• Connecticut’s Comparative Negligence: Our state’s rules for shared fault still apply to both you and the visiting driver.
• Statute of Limitations: The two-year deadline for filing a personal injury lawsuit in Connecticut will apply to your case.

Navigating Out-of-State Insurance and Jurisdiction

While Connecticut law applies, the insurance policy is from another state, which can introduce complications that a non-local attorney may struggle to handle.

1. Jurisdiction: In most cases, a lawsuit against an out-of-state driver must be filed in Connecticut because that is where the injury occurred. Your New Haven personal injury attorney is the best choice to manage a case within the Connecticut court system.
2. Minimum Coverage: While Connecticut has minimum liability limits, the out-of-state driver may have higher or lower limits based on their home state. This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes your best friend. If the visiting driver’s insurance is insufficient, your UM/UIM policy can step in to cover your remaining damages.
3. Service of Process: Legally serving the out-of-state driver with a lawsuit requires specific knowledge of civil procedure, including utilizing the Connecticut Secretary of the State’s office as an agent for service.

Why You Need Local New Haven Representation

An adjuster for an out-of-state insurance company is not familiar with New Haven’s local court dockets, judges, or local medical providers. They may try to undervalue your claim, hoping you settle quickly or find the process too complicated.

As experienced New Haven auto accident lawyers, we are prepared to:

• Handle Multi-State Communication: We manage the complex communication between your insurance, the out-of-state insurer, and all relevant legal entities.
• File Suit Locally: We have the local knowledge to file and litigate your case right here in New Haven Superior Court, if necessary.
• Maximize Your UM/UIM Recovery: We ensure your own policy is fully utilized if the negligent traveler’s coverage falls short.

Don’t let an out-of-state license plate intimidate you after an accident. If you were injured in New Haven by a holiday visitor, contact us immediately for a free consultation to protect your rights.