Waterbury Car Accident Attorney Dan Petroskey Explains Underinsured Motorist Coverage Stacking Laws in Connecticut

WATERBURY, CT - Connecticut drivers injured by underinsured motorists often face a difficult reality when the at-fault driver's insurance falls short of covering their full damages. Waterbury car accident attorney Dan Petroskey of DeFronzo & Petroskey, P.C. (https://www.defronzolawfirm.com/can-stack-multiple-insurance-policies-underinsured-connecticut/) is providing guidance on how the state's anti-stacking laws affect recovery options and what alternatives may be available to maximize compensation after a serious accident.

According to Waterbury car accident attorney Dan Petroskey, Connecticut is classified as an anti-stacking state, meaning drivers generally cannot combine Uninsured and Underinsured Motorist (UM/UIM) coverage limits from multiple policies or from multiple vehicles on a single policy to create a higher combined limit. Under CGS 38a-336(b), the total amount recovered from all policies combined cannot exceed the limits of the highest single applicable policy. "Many drivers assume that carrying multiple policies means they can access all of those limits after an accident, but Connecticut law works differently," explains Petroskey.

Waterbury car accident attorney Dan Petroskey notes that the state prohibits both intra-policy and inter-policy stacking. Intra-policy stacking would allow combining coverage from multiple vehicles listed on the same policy, while inter-policy stacking would allow combining coverage from entirely separate policies. Public Act 93-297 effectively eliminated both forms, and the Connecticut Supreme Court reinforced this prohibition in Chmielewski v. Aetna Casualty and Surety Co., 218 Conn. 646 (1991).

Despite the general prohibition, Attorney Petroskey points out that Connecticut courts have recognized a narrow exception. A 2010 Connecticut Appellate Court decision held that when a driver purchases two entirely separate insurance policies that each specifically name the same vehicle, the driver may collect up to the limits of both policies. "This exception is very fact-specific and requires two genuinely independent policies covering the same vehicle by name," he adds. "Simply being listed on a family member's policy or having multiple vehicles on one policy does not qualify."

One of the most valuable alternatives available to Connecticut drivers is Underinsured Motorist Conversion Coverage (UIMC) under CGS 38a-336a. Standard UIM coverage calculates benefits by subtracting the at-fault driver's liability payment from the policyholder's UIM limit, which can significantly reduce the actual benefit. UIMC eliminates this offset entirely. With conversion coverage, the insurer pays up to the full UIMC limit after the at-fault driver's liability coverage has been exhausted, without deducting the amount already paid by the other insurer.

The practical impact of conversion coverage can be substantial. For example, if a policyholder carries $100,000 in standard UIM coverage and the at-fault driver also has $100,000 in liability coverage, the effective UIM benefit under a standard policy would be zero because the amounts are equal. With UIMC, the policyholder's insurer would owe up to an additional $100,000 after the at-fault driver's coverage is exhausted, providing access to $200,000 in total compensation. "Conversion coverage is one of the most cost-effective ways for Connecticut drivers to protect themselves," notes Attorney Petroskey. "The anti-stacking cap under 38a-336(b) does not apply to UIMC, which makes it an especially valuable option."

Petroskey also emphasizes that Connecticut mandates minimum UM/UIM coverage limits of $25,000 per person and $50,000 per accident. Since 1994, state law has required UM/UIM coverage limits to equal bodily injury liability limits unless the policyholder specifically requests a lower amount in writing by signing an Informed Consent Form. Additionally, Connecticut insurers must offer UM/UIM coverage at up to twice the bodily injury liability limit, an option many drivers are unaware of.

For individuals involved in accidents with underinsured drivers, the team at DeFronzo & Petroskey, P.C. advises taking several important steps. Reporting the accident to one's own insurance company promptly is essential, as Connecticut policies typically require timely notification. Settling with the at-fault driver's liability insurer without first notifying the UM/UIM carrier can jeopardize benefits, since Connecticut requires exhaustion of the at-fault driver's applicable liability limits before UIM benefits are owed. "Preserving thorough documentation of injuries and expenses strengthens the ability to pursue full value through negotiation or arbitration," Petroskey advises.

Personal injury claims in Connecticut must generally be filed within two years of the date of injury under CGS 52-584, and UM/UIM claims carry their own contractual limitations. Most Connecticut auto policies resolve UM/UIM disputes through arbitration under 38a-336(c), though unresolved claims may be litigated in Waterbury Superior Court for accidents occurring within the Waterbury Judicial District. For those navigating the complexities of underinsured motorist claims, consulting an experienced personal injury attorney may help identify all available sources of recovery and protect the right to full compensation.

About DeFronzo & Petroskey, P.C.:

DeFronzo & Petroskey, P.C. is a Waterbury-based personal injury law firm with over 60 years of combined history serving the community. Led by attorney Dan Petroskey, the firm exclusively represents plaintiffs in personal injury cases including motor vehicle accidents, slip-and-falls, and premises liability incidents throughout New Haven County, including Naugatuck, Prospect, Southbury, Watertown, and Wolcott. For consultations, call (203) 756-7408.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=xPtNzkvNJ_U

GMB: https://www.google.com/maps?cid=2074756120617399372

Email and website

Email: iacruz@defronzolaw.com

Website: https://www.defronzolawfirm.com/

Media Contact
Company Name: DeFronzo & Petroskey, P.C.
Contact Person: Dan Petroskey
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=waterbury-car-accident-attorney-dan-petroskey-explains-underinsured-motorist-coverage-stacking-laws-in-connecticut]
Phone: (203) 756-7408
Address:255 Bank St # 2b
City: Waterbury
State: Connecticut 06702
Country: United States
Website: https://www.defronzolawfirm.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.