Connecticut General Statutes

Conn. Gen. Stat. § 38a-363 (2026)

(Formerly Sec. 38-319). Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section CT-CGAcga.ct.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in sections 38a-17, 38a-19 and 38a-363 to 38a-388, inclusive:

(a) “Injury” means bodily injury, sickness or disease, including death resulting therefrom, accidentally caused and arising out of the ownership, maintenance or use of (1) a private passenger motor vehicle; or (2) a vehicle with a commercial registration, as defined in section 14-1.

(b) “Insurer” or “insurance company” includes a self-insurer and a person having the rights and obligations of an insurer under sections 38a-19 and 38a-363 to 38a-388, inclusive, as provided by section 38a-371.

(d) “Owner” of a private passenger motor vehicle means the person who owns the legal title thereto, except where the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, in which event “owner” means the debtor or lessee.

(e) “Private passenger motor vehicle” means a: (1) Private passenger type automobile; (2) station-wagon-type automobile; (3) camper-type motor vehicle; (4) high-mileage-type motor vehicle, as defined in section 14-1; (5) truck-type motor vehicle with a load capacity of fifteen hundred pounds or less, registered as a passenger motor vehicle, as defined in said section, or as a passenger and commercial motor vehicle, as defined in said section, or used for farming purposes; or (6) a vehicle with a commercial registration, as defined in said section. It does not include a motorcycle or motor vehicle used as a public or livery conveyance.

(f) “Relative” of a person means one who is related to the person by blood, marriage or adoption.

(g) “Use” of a motor vehicle includes the loading or unloading thereof.

(h) “Pedestrian” means any person not occupying a vehicle of any type other than a vehicle designed to be drawn or driven by muscular power.

(1972, P.A. 273, S. 1; P.A. 74-17, S. 1, 2; P.A. 76-182, S. 1; P.A. 80-128; P.A. 81-394, S. 7; P.A. 84-429, S. 73; P.A. 93-297, S. 10, 29; P.A. 94-243, S. 4; P.A. 01-139, S. 5; P.A. 05-288, S. 142; P.A. 08-110, S. 1; 08-150, S. 38; P.A. 13-134, S. 12.)

History: P.A. 74-17 defined “pedestrian” in new Subdiv. (l); P.A. 76-182 redefined “economic loss” to include losses incurred by persons unemployed at time of accident, i.e. equivalency of unemployment compensation benefits; P.A. 80-128 redefined “private passenger motor vehicle”; P.A. 81-394 amended Subdiv. (g) to include a high-mileage type motor vehicle within the definition of “private passenger motor vehicle”; P.A. 84-429 made technical changes for statutory consistency; Sec. 38-319 transferred to Sec. 38a-363 in 1991; P.A. 93-297 deleted definitions of “basic reparations insured”, “economic loss”, “added reparations benefits” and “basic reparations benefits” and relettered the remaining Subdivs. accordingly, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date; P.A. 94-243 redefined “injury” to include injuries involving vehicles with commercial registrations and redefined “private passenger motor vehicle” to include vehicles with commercial registrations; P.A. 01-139 applied definitions to Sec. 38a-17, and applied definition of an “insurer” to an “insurance company”; P.A. 05-288 made a technical change in Subdiv. (a), effective July 13, 2005; P.A. 08-110 made a technical change in Subdiv. (a), effective May 27, 2008; P.A. 08-150 amended Subdiv. (a) to insert Subpara. (1) and (2) designators and make a technical change; P.A. 13-134 made a technical change in Subdiv. (e).

Annotations to former section 38-319:

Cited. 169 C. 267; 181 C. 650; 186 C. 507; 187 C. 451; 194 C. 129; 200 C. 630; 203 C. 45.

Cited. 3 CA 240; Id., 432; 22 CA 27; judgment reversed, see 217 C. 631.

Cited. 31 CS 229; 36 CS 317; Id., 561; 37 CS 723; 38 CS 318. A police car is a private passenger motor vehicle within definition of statute. 39 CS 165.

Annotation to present section:

Cited. 25 CA 492; judgment reversed, see 222 C. 744. Courts have interpreted section to require physical contact with the insured vehicle in order for one to “occupy” it and in order to trigger coverage. 181 CA 852.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Notes of Decisions

Cited in 20 cases, 1992–2018 · leading case: Willoughby v. City of New Haven, 757 A.2d 1083 (Conn. 2000).

Sort: Relevance Newest Treatment

Willoughby v. City of New Haven, 757 A.2d 1083 (Conn. 2000). · cites it 19× “The plaintiff claims that such coverage is required because the vehicle at issue is a “[pjrivate passenger motor vehicle” within the definition of General Statutes § 38a-363 (e) (6). 8 The plaintiff also claims that, even if the vehicle *411 is not a private passenger motor…”

Doucette v. Pomes, 724 A.2d 481 (Conn. 1999). · cites it 7× “See General Statutes § 38a-363 (b) (no-fault motor vehicle insurance).”

Gomes v. Massachusetts Bay Ins., 866 A.2d 704 (Conn. App. Ct. 2005). · cites it 8× “General Statutes § 38a-363 (c) provides: “ ‘Occupying’ a vehicle means to be in or upon or entering into or alighting from the vehicle.”

Hertz Corp. v. Fed. Ins., 713 A.2d 820 (Conn. 1998). · cites it 2× “*379 We further make note of General Statutes § 38a-363 (b) (“self-insurer” within definition of insurer) and § 38a-371 (c) (3) (self-insurer to provide payments for all liabilities covered by residual liability insurance and all other obligations imposed by said sections…”

Wesley v. Schaller Subaru, Inc., 893 A.2d 389 (Conn. 2006). · cites it 2× “rson's lease to another of a truck, tractor trailer or tractor-trailer unit with a gross vehicle weight rating of ten thousand pounds or more if the total lease term is for one year or more, or the applicable contract term is one year or more, and if, at the time damages are…”

Nat'l Grange Mut. Ins. v. Santaniello, 961 A.2d 387 (Conn. 2009). · cites it 2× “” The defendants, however, rely on General Statutes § 38a-363 (d), which defines, for purposes of the financial responsibility statutes, “ ‘[o]wner’ of a private passenger motor vehicle” as “the person who owns the legal title thereto, except where the motor vehicle is the subj…”

Platcow v. Yasuda Fire & Marine Ins. Co. of Am., 755 A.2d 356 (Conn. App. Ct. 2000). · cites it 7× “As the defendants aptly observe, the difficulty with the plaintiffs’ reliance on § 38a-336 (a) (2) is that the plaintiffs fail to take into account the provisions of General Statutes § 38a-363 (d). That section defines the person who is the owner of a motor vehicle for purposes…”

Puente v. Progressive Nw. Ins. Co., 188 A.3d 773 (Conn. App. Ct. 2018). · cites it 4× “" The definition of "occupying" used by the policy, however, is consistent with, but not identical to, the definition set forth in the uninsured/underinsured motorist statute, General Statutes § 38a-363(c), which defines "occupying" a vehicle as "to be in or upon entering into…”

Farmers Texas Cnty. Mut. v. Hertz Corp., 923 A.2d 673 (Conn. 2007). · cites it 3× “Pursuant to General Statutes § 38a-363 (b), “ ‘[i]nsurer’ or ‘insurance company’ includes a self-insurer .”

Conzo v. Aetna Ins., 705 A.2d 1020 (Conn. 1998). · cites it 2× “Section 38a-371 (c) provides that in making the election to become a self-insurer, West Haven must provide “assurance for payment of all obligations imposed by this *683 section substantially equivalent to those afforded by a policy of insurance that would comply with this…”

Kelly v. Figueiredo, 610 A.2d 1296 (Conn. 1992). “(a) No motor vehicle registration shall be issued by the commissioner for any private passenger motor vehicle, as defined in subsection (g) of section 38a-363, unless (1) the application for registration is accompanied by a current no-fault automobile insurance identification…”

Williams v. State Farm Mut. Auto. Ins., 641 A.2d 783 (Conn. 1994). “tions 38a-19 and 38a-363 to 38a-388, inclusive, or against any person or organization legally responsible for his acts or omissions, unless the injured party has sustained (1) death, (2) permanent injury, (3) fracture of any bone, (4) permanent significant disfigurement, (5)…”

Show all 20 citing cases →

— Conn. Gen. Stat. § 38a-363(c) — 1 case

Puente v. Progressive Nw. Ins. Co., 188 A.3d 773 (Conn. App. Ct. 2018). “" The definition of "occupying" used by the policy, however, is consistent with, but not identical to, the definition set forth in the uninsured/underinsured motorist statute, General Statutes § 38a-363(c), which defines "occupying" a vehicle as "to be in or upon entering into…”

— Conn. Gen. Stat. § 38a-363(e) — 1 case

Niemeyer v. W. Res. Mut. Cas. Co., 2010 Ohio 1710 (Ohio Ct. App. 2010).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.