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Windsor, CT asked in Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Connecticut

Q: Husband served with lawsuit after car accident. What can we do now?

My husband got into a car accident where he hit the other driver in the back quarter panel. The other party claimed injuries that seem consistent with not wearing a seat belt. My husband, who was wearing his seat belt, had no personal injuries. The other party has now served my husband with a lawsuit claiming injuries and stating their 2004 vehicle was a total loss, seeking $15,000 in compensation. Our insurance company will not cover the lawsuit because my husband was making a grocery delivery using his personal vehicle at the time of the accident. The accident occurred on an icy day, and roads were slippery. My husband did not receive a ticket from the police who were called to the scene. What actions can we take with this pending lawsuit?

3 Lawyer Answers
Emery Brett Ledger
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A: I'm sorry you're facing this stressful situation—dealing with a lawsuit after an accident, especially when insurance won't step in, can feel overwhelming.

Since your husband was using his personal vehicle for a grocery delivery, the insurance company may be denying coverage under the "business use exclusion." This is common in personal auto policies, which often exclude coverage for commercial activities like deliveries. Here’s what you can do next:

Consult a Personal Injury Defense Attorney Immediately: Time is critical. A lawyer can help file an official response to the lawsuit to avoid a default judgment and begin building a defense—especially around the road conditions, lack of citation, and the seatbelt issue.

Review the Insurance Policy Closely: Sometimes policies have endorsements or additional coverage that may apply. Also, if the delivery was part of a gig platform (like Instacart, DoorDash, etc.), check whether that platform offers any liability coverage.

Document Everything: Preserve all evidence—photos of the scene, the police report, communications with the other driver, and any information about road conditions that day. If the other driver wasn’t wearing a seatbelt, that may reduce the damages they can claim under comparative negligence rules (depending on your state).

Explore Personal Coverage Options: If no insurance coverage applies, you may need to defend the claim personally. An attorney can negotiate to settle for less or argue for dismissal if the claim lacks legal merit.

You’re not alone in this, and legal help can make a big difference.

A: I'm sorry about your husband's accident. You could review your policy with a Connecticut attorney - but those exclusions could sometimes leave little room to argue otherwise in such settings. At the same time, you could start speaking with attorneys to learn about their arrangements for defending the case. In terms of the injuries being inconsistent with wearing a belt - it's really the territory of a medical professional to make such a call. If you start reaching out to Connecticut attorneys without delay, it'll give you an idea of arrangements offered by law firms. Many of the law firms that handle such defense only do it institutionally for insurance carriers, instead of on an individual basis. For that reason, it could be worth speaking with attorneys without delay. You could supplement your searches with the "Find a Lawyer" tab above. Good luck

James L. Arrasmith
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Answered

A: First, check the summons for your deadline to file an answer—missing that date can let the plaintiff win by default. Even if your auto policy won’t defend you, you still must appear and file a written response in court denying liability or raising any defenses (like slippery-road conditions).

Next, gather everything you have on the driver behind you being ticketed and their insurer paying your claim. You may have a bad-faith or subrogation claim against your own delivery-service carrier or your personal policy’s uninsured/underinsured motorist coverage, so ask your insurer in writing to reconsider your defense or coverage.

Meanwhile, consult a personal-injury attorney who handles negligent-driver cases; many will review your file for free and let you know whether it makes sense to fight on your own or let them step in. They can guide you through discovery—getting police reports, witness statements, and any handy cellphone or dash-cam footage—and advise you on settlement talks or mediation to resolve the suit without a full trial.

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