How Car Accident Compensation Works in Rhode Island

Rhode Island is an “at-fault,” “fault,” or “tort” state for car accidents. That means that the one who caused the crash is the one who pays for damages. To collect injury compensation, accident victims typically file claims with the at-fault driver’s insurance provider. 

Rhode Island is among a dozen or so states that use the “pure comparative fault” rule to determine car accident compensation. Fault is divided among all those involved in the crash and their injury compensation is reduced by their percentage contribution to the accident. For example, if an accident victim caused 10 percent of a crash, was awarded $100,000, the number of damages they could collect would be rescued by 10 percent to $90,000. Unlike most states, Rhode Island does not set a bar for claim eligibility. A person can be 99 percent at fault in a crash and still file a claim for 1 percent of their damages. 

Every state has its own car insurance requirements. At minimum, Rhode Island requires drivers to carry a 25/50/25 liability insurance plan - $25,000 per injured person per crash, $50,000 total per crash, and $25,000 for property damage. Although there are exceptions, drivers must purchase Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage, as well.

Rhode Island law sets the following requirements for all vehicles registered in the state: 

• Bodily Injury (BI) pays for medical and rehabilitation expenses incurred by others, as well as some other damages, if you are at-fault in a crash. Minimum coverage is $15,000 per person per accident with up to $30,000 per crash.  
• Property Damage (PD) pays for property damage caused to others in a car accident that is your fault. Minimum is $25,000.
• Uninsured/Underinsured Motorist (UM/UIM) pays for your bodily injuries and property damage if you are involved in an accident caused by an uninsured or underinsured driver. This type of insurance is optional for those who purchase only the minimum BI and PD coverage. For all other drivers, UM/UIM is required. 

Including:  

• Collision pays to repair physical damage or replace your vehicle after an accident. Coverage may be required by the lender if you have an auto loan.
• Comprehensive pays for physical damage to your vehicle that occurred due to things other than a collision like crashes involving animals and theft. Coverage may be required by the lender if you have an auto loan.       
• Gap (Loan/lease Payoff) applies if you have a car loan or lease. It helps pay for the difference between your vehicle’s value and how much you still owe on the loan after a crash.    
• Medical Payment (Med Pay) helps pay for medical expenses you incur after an accident regardless of fault.   
• Rental Reimbursement pays a limited amount toward vehicle rental and transportation while your vehicle is being repaired.       
• Towing and Labor (Roadside Assistance) pays for costs, usually up to a specific limit, if your vehicle becomes disabled on the side of the road, aka towing and labor coverage. 

 An experienced Rhode Island car accident lawyer knows how to calculate your losses at the highest value and aggressively negotiate for maximum compensation. They can identify insurance and other compensation resources that are available to you.

There are situations in which you may want to file a lawsuit against the at-fault driver in a Rhode Island car accident, but most crashes can be settled without going to court. Lawyers and insurance companies can often negotiate a settlement that gets injured crash victims the compensation they deserve. However, there are scenarios in which a car accident lawsuit should be considered. These situations include:

• Damages exceed policy limits. Injured car accident victims may choose to sue at-fault drivers directly if their damages exceed maximum policy limits.
• Negotiations have broken down. If the insurance company won’t make you a substantial settlement offer, your attorney can file a lawsuit that demands the compensation you deserve.   

In general, you have 3 years from the date of your accident to file a Rhode Island car accident injury claim or lawsuit. This may seem like a long time, but evidence to support your claim – like witness statements and surveillance video – can disappear quickly. An attorney can evaluate the circumstances surrounding your injury, provide advice regarding your alternatives, and determine the value of your claim.

How much a person collects after a car accident mainly depends on several factors: the type and severity of their injury, fault, and wages. Compensation typically consists of two types of damages – economic and non-economic. 

• Economic damages are losses with pre-set values like medical bills, lost wages, diminished earning potential, and transportation to medical appointments.  
• Non-economic damages are losses that do not have an obvious value. These are things like pain and suffering, mental anguish, and loss of enjoyment in life.  

A court may also grant punitive damages in addition to a victim's economic and non-economic losses, but this is rare. Punitive damages are meant to punish a driver who demonstrated extreme negligence and deter the community from repeating the bad behavior. 

What if the other driver doesn’t have insurance?  

Rhode Island is a “no-fault” state. Therefore, regardless of the driver’s insurance coverage, you will file a claim with your insurance provider. If the driver is uninsured, your UM/UIM coverage will be helpful. UM/UIM benefits can also be applied to hit-and-run accidents and "phantom vehicle" crashes.

An experienced Rhode Island car accident attorney can fight to protect your right to compensation and negotiate aggressively with the insurance companies. Car accident lawyers typically work for a contingency fee. That means there is no out-of-pocket expense for their services. If they don’t win, you don’t pay. If you are filing an injury claim in Rhode Island, make sure to get the results you deserve. Contact a lawyer for a free consultation right away.