225 Conn. 223 | Conn. | 1993
The dispositive issue in this appeal is whether an individual claiming to be injured in a one car, force and rim accident
The following facts are relevant to this appeal. On September 3,1986, the defendant was severely injured in a one car accident in North Haven after his vehicle swerved off the road into a utility pole. The defendant lost consciousness after the impact and awoke in the emergency room of Yale-New Haven Hospital. The defendant was hospitalized until October 7,1986. During that time, he underwent seven operations to correct a fracture of the neck, and wore a halo brace bolted into his head for ten days to provide traction until sur
The defendant’s wife, Lucille Raffile, did not discuss the details of the accident with the defendant while he was hospitalized because he did not appear to be coherent or rational. On the morning after the accident, she called the plaintiff to report the accident and stated that the defendant had fallen asleep behind the wheel and had hit a tree or a telephone pole.
On August 29, 1988, the defendant made an uninsured motorist claim against the plaintiff, claiming that an unknown vehicle that had entered the road in front of the defendant’s vehicle had caused him to swerve and to strike the utility pole. The plaintiff contested this claim and the matter was ultimately submitted to arbitration. A panel of three arbitrators heard the case on divers days between December, 1989, and September, 1991. The principal issue was whether the defendant was entitled to coverage because of the absence of contact between the unidentified vehicle and the defendant’s vehicle.
The defendant testified to the arbitration panel that, during the third week after his second operation, he had recalled that he had been run off the road by a yellow station wagon that had pulled out of a private driveway in front of him.
The police accident report noted that no skid marks were found in the area of the accident and that there were no witnesses to the accident. An expert for the plaintiff testified that the defendant’s serum blood alcohol level, as taken from the hospital records, equated to approximately 0.15% to 0.24% of body weight. The defendant admitted to having consumed approximately one bottle of wine on the night of the accident between 6 p.m. and 12:30 a.m.
A majority of the arbitrators found for the defendant on the issue of liability
The defendant contends on appeal that the trial court improperly interpreted our decision in Streitweiser to require a claimant to supply independent corroborative evidence that a force and run accident occurred in order to recover uninsured motorist benefits for injuries resulting from a force and run accident.
In Streitweiser, we held that a physical contact requirement, if an unidentified vehicle causes the claimant’s accident, is inconsistent with the public policy underlying statutorily mandated uninsured motorist
In Streitweiser, however, we expressly did not impose a requirement of corroborative evidence for noncontact uninsured motorist claims because the parties in that case had stipulated to the existence of a causal relationship between the plaintiff’s injuries and the unidentified vehicle. Id. We therefore neither reached the issue of whether corroborative evidence would be required nor established such a requirement as a matter of law. The issue that we left unresolved in Streitweiser, namely, whether a claimant is required to present some evidence to corroborate his representation of a force and run accident, is squarely before us today.
To begin our analysis, we recognize the valid concerns of insurance companies regarding the potential for fraudulent claims in cases involving an unidentified tortfeasor. We acknowledged this concern in Streit
Other jurisdictions, however, have rejected both a physical contact and a corroboration requirement as contrary to public policy and untenably contrary to the legislative purpose behind uninsured motorist statutes. See Lanzo v. State Farm Mutual Auto Ins. Co., 524 A.2d 47, 50 (Me. 1987); Perez v. American Bankers Ins. Co., 81 N. J. 415, 419, 409 A.2d 269 (1979) (imposition of the requirement of corroboration in noncontact cases adds a substantial condition to the mandated coverage not sanctioned by the legislature); Pin Pin H. Su v. Kemper Ins. Cos./ American Motorists Ins. Co., 431 A.2d 416, 419 (R.I. 1981). These jurisdictions burden the claimant with the same evidentiary standard of proof as in traditional civil actions. We choose to join this latter group.
At the outset, we note that neither our uninsured motorist statute; General Statutes § 38a-336;
We also recognize, however, that the uninsured motorist legislation is designed for the truly innocent and not for the fraudulent policyholder. In determining whether a corroboration requirement is necessary in force and run accidents we must, therefore, balance: (1) the prominent public policy favoring uninsured motorist coverage; (2) the potential for a flood of fraudulent claims; and (3) the potential loss of valid claims that cannot be corroborated by evidence independent of the claimant’s version of the facts. In weighing these concerns, we conclude that the scale must tip in favor of the claimant and that a standard requiring corroborative evidence independent of the claimant’s testimony is not warranted.
The plaintiff argues that allowing a claimant to recover in cases where there are no witnesses and no physical contact, without requiring corroboration, creates a situation that is ripe for fraud. The specter of fraudulent claims, however, should not be determinative of this issue. The fact that some claims might be manufactured by unscrupulous individuals cannot justify the wholesale rejection of all claims in which injury is caused by an unidentified driver simply because the injured party lacks third party witnesses or physical evidence of an unidentified driver.
Indeed, the potential for fraudulent claims was also at issue when the physical contact requirement was
The lack of a corroboration requirement, like the elimination of a physical contact requirement, does not mean that the claimant no longer carries the burden of proving by a preponderance of the evidence that the accident occurred as claimed. In discussing its rejection of the physical contact requirement, the Utah Supreme Court wrote: “Apparently, the sole justification for the physical contact requirement is its alleged evidentiary value in providing objective evidence which corroborates the victim’s account of the accident. However, its rejection does not relieve the insured’s burden of proving his or her case. If the insured can prove to the satisfaction of the fact finder that the accident occurred, he or she may be entitled to recover regardless of the actuality of physical contact.” Marakis v. State Farm Fire & Casualty Co., supra, 884-85. Likewise, whether a force and run accident occurred as the claimant asserts, despite the absence of corroborative evidence, is a pure question of fact to be determined
The claimant will satisfy his or her burden of proof if the evidence induces in the mind of the trier a reasonable belief that it is more probable than not that the accident occurred in the manner in which the claimant asserts. C. Tait & J. LaPlante, Connecticut Evidence (2d Ed. 1988) § 4.4.1 (a). The claimant’s evidence need not negate all other possibilities or exclude every other reasonable conclusion. Terminal Taxi Co. v. Flynn, 156 Conn. 313, 318, 240 A.2d 881 (1968). Admittedly, in a case such as the one presently before us, the evidence might be scarce. There may be no eyewitness, the physical evidence at the accident scene may evince nothing more than the fact that an accident occurred, and an accident reconstructionist may only be able to give an expert opinion primarily based on the claimant’s own account of the accident. The paucity of evidence, however, should not defeat the claimant’s right to persuade the trier that his claim is valid.
If the extent of a claimant’s evidence is his or her account of how the accident occurred, then the claimant’s credibility will be tested and evaluated by the trier of fact as in any civil action. “The credibility of a witness is a matter for the jury and, except in rare instances, there is no requirement that a witness’s testimony be corroborated by other evidence.” C. Tait & J. LaPlante, supra, § 7.30.1.
Where the traditional tests of credibility attend to an insured’s claim for coverage, a rigid corroboration rule works too harshly on some of those whom the broad remedial purpose of the uninsured motorist legislation is to benefit in the first place. We conclude, therefore, that a claimant alleging that an accident was caused by an unidentified vehicle, even in the absence of physical contact, need not present independent evidence to corroborate how the accident occurred.
The plaintiff argues as an alternative ground to support the trial court’s decision that, even if we reject a corroboration requirement, the burden of proof on a claimant should be “clear and convincing evidence” to assure that only valid claims are compensated. The plaintiff argues that because a “clear and convincing evidence” standard is required to prove fraud; Alaimo v. Royer, 188 Conn. 36, 39, 448 A.2d 207 (1982); the same standard is also appropriate here because of the potential for fraudulent claims. In essence, the plaintiff is urging us to adopt a standard that would put any claimant under circumstances similar to those of the defendant in the position of disproving fraud, regardless of whether fraud is asserted by the insurer as a defense. This we refuse to do.
We recently rejected the invitation to establish a “clear and convincing” evidence standard to prove the special defense of concealment or misrepresentation
We conclude that the burden of proving by a preponderance of the evidence that an accident occurred because of an unidentified vehicle provides sufficient assurance of the validity of the claimant’s allegations. This standard adequately addresses the concern for fraud while at the same time maintaining the remedial purposes of our uninsured motorist statutes.
We conclude that the trial court improperly granted the plaintiff’s motion to vacate the arbitration award because of the defendant’s failure to provide independent corroborative evidence of an unidentified vehicle causing the accident. Having reviewed the record, we further conclude that without the need for corroborative evidence, there was a substantial basis in the evidence to confirm the arbitrators’ award. See Chmielewski v. Aetna Casualty & Surety Co., 218 Conn. 646, 660, 591 A.2d 101 (1991); Connecticut Building Wrecking Co. v. Carothers, 218 Conn. 580, 593, 590 A.2d 447 (1991).
In this opinion the other justices concurred.
A force and run accident is one in which an unidentified vehicle forces the driver of another vehicle into an accident without making contact with that other vehicle.
The defendant’s wife testified before the arbitration panel that her impression that the defendant had fallen asleep at the wheel may have come from a newspaper account of the accident published that same morning.
The plaintiff s policies in effect at the time of the accident included within the definition of an “uninsured motor vehicle” a motor vehicle “[wjhich is a hit and run vehicle whose operator or owner cannot be identified and which hits . . . you or any ‘family member’ . . . .”
The defendant testified before the arbitration panel: “[A]s I came around the curve, from out of a dirt driveway came a yellow 1975 or 1976 Pontiac or Chevrolet station wagon; I had a choice to get out of the way or try to swerve around him, and when I did, I saw a telephone pole, and I dived [sic] to the floor of my car and broke my neck and scarred up my face and broke my shoulder.” The defendant also testified that he did not report this to investigating officers because they did not come to see him and he could not see them because of his condition.
The defendant apparently did not recall telling his brother how the accident had occurred because he testified that his first recollection of the accident was several weeks later.
Evidence had been introduced that the defendant had consumed approximately a full bottle of wine on the night of the accident between 6 p.m. and 12:30 a.m. The defendant’s brother testified that routine police procedure would be to obtain a warrant for an individual’s medical records if liquor is detected on a driver’s breath after a serious accident, which was not done with respect to the defendant. The defendant’s brother also testified that if no other car had been involved in the accident there might have been a motor vehicle violation on the part of the defendant, but that the defendant was never charged with one after the accident.
The motor vehicle accident report reflected in pertinent part: “[The] unknown vehicle entered the road from the right out of a private drive.
One arbitrator dissented, finding that there was insufficient proof to sustain the existence of a phantom car.
The plaintiff had issued a policy to the defendant covering three vehicles at $100,000 each. The parties stipulated that this policy was in effect
“[General Statutes] Sec. 52-418. vacating award, (a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall make an order vacating the award if it finds any of the following defects: (1) If the award has been procured by corruption, fraud or undue means; (2) if there has been evident partiality or corruption on the part of any arbitrator; (3) if the arbitrators have been guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy or of any other action by which the rights of any party have been prejudiced; or (4) if the arbitrators have exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.
“(b) If an award is vacated and the time within which the award is required to be rendered has not expired, the court or judge may direct a rehearing by the arbitrators.
"(c) Any party filing an application pursuant to subsection (a) of this section concerning an arbitration award issued by the state board of mediation and arbitration shall notify said board and the attorney general, in writing, of such filing within five days of the date of filing.”
The defendant, in response, filed a motion to confirm the arbitration award pursuant to General Statutes § 52-417, which provides: “At any time within one year after an award has been rendered and the parties to the arbitration notified thereof, any party to the arbitration may make application to the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when the court is not in session, to any judge thereof, for an order confirming the award. The court or judge shall
The defendant also argues that the trial court improperly: (1) determined that the defendant had caused his own injuries because there was substantial evidence to confirm the arbitrators’ award; and (2) determined that the defendant had failed to corroborate his claim. Because we agree with the defendant that the trial court improperly read Streitweiser v. Middlesex Mutual Assurance Co., 219 Conn. 371, 593 A.2d 498 (1991), to require corroborative evidence to collect uninsured motorist benefits in a force and run accident, we do not directly address these remaining claims.
See Streitweiser v. Middlesex Mutual Assurance Co., 219 Conn. 371, 381-82, 593 A.2d 498 (1991), for a comprehensive list of the jurisdictions that have either rejected or accepted the physical contact requirement.
General Statutes § 38a-336, formerly § 38-175c, provides in pertinent part: “uninsured motorist coverage, (a) (1) Each automobile liability
The Regulations of Connecticut State Agencies, § 38a-334-6, formerly § 38-175a-6, provides in pertinent part: “minimum PROVISION FOR PROTECTION AGAINST UNINSURED MOTORISTS
“(a) coverage. The insurer shall undertake to pay on behalf of the insured all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by the insured caused by an accident involving the uninsured motor vehicle. This coverage shall insure the occupants of every motor vehicle to which the bodily injury liability coverage applies. ‘Uninsured motor vehicle’ includes a motor vehicle insured against liability by an insurer that is or becomes insolvent.”
Indeed, in Connecticut jurisprudence we find several instances where corroborating evidence is specifically not required. See Public Acts 1974, No. 74-131, repealing General Statutes § 53a-68 (testimony of the alleged victim of a sex offense need not be corroborated to sustain a conviction); Jarrett v. Jarrett, 151 Conn. 180, 182, 195 A.2d 430 (1963) (“if a ground for divorce has been clearly established, a party is not precluded from a judgment dissolving the marriage by reason of the fact that his evidence lacked corroboration by other witnesses”); In re Robert K., 12 Conn. App. 585, 589-90, 532 A.2d 1319 (1987) (uncorroborated testimony of a child abuse victim is sufficient).