How to protect your rights and build a strong injury claim after a motor vehicle accident in Rhode Island.
On average, at least one person is seriously injured on Rhode Island roadways every day.¹
In Rhode Island, car accident victims can seek compensation from the at-fault driver by filing an insurance claim or lawsuit. Here’s what you need to know if you’re involved in a collision.
What to Do After a Rhode Island Car Accident
Drivers who violate Rhode Island car accident laws risk monetary fines, traffic tickets, and possible jail time, depending on the violation. Here’s what to do after a crash to protect your interests and start building a strong injury claim.
1. Stay At the Scene and Exchange Information
Rhode Island drivers are required to stop and remain at the scene of an accident involving bodily injury. Drivers must exchange their name and address, driver’s license number, and registration number for their vehicle with the other driver, occupants, and police.
2. Call 911 and Help the Injured
In Rhode Island, drivers are required to report any accident to the police that involves an injury, death, or a badly damaged vehicle by the quickest means available. Calling 911 will satisfy your legal obligation to report the crash.
Rhode Island requires drivers to render reasonable assistance to accident victims. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after an accident. Some types of injuries, like head trauma or internal bleeding, might not show symptoms right away. Also, the shock and adrenaline rush that happens after a crash can mask symptoms of injury.
Delaying medical care not only risks your health, it also gives the insurance adjuster an excuse to deny or minimize your claim. The adjuster will argue that your injuries aren’t from the accident, or that the delay caused your injuries to be worse than they should have been.
Let the ambulance crew look you over at the scene. If they want to take you to the hospital, go with them. If you aren’t taken directly to the hospital from the scene, go to an urgent care center on your own, preferably on the same day as the crash.
Tell the medical provider about every injury and symptom you’ve had since the crash, not just the most obvious ones. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
4. Gather Evidence From the Scene
In a traditional fault state like Rhode Island, the burden is on you to prove the other driver caused the accident. Whether you file an insurance claim or lawsuit, you need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
It’s important to notify the at-fault driver’s auto insurance company as well as your own carrier after an accident. If you decide to handle your own claim, it will be up to you to contact the insurers. You don’t have to be fully recovered from your injuries before contacting the insurance companies.
Begin the claim process by notifying the at-fault driver’s insurer of your intent to file an injury claim. Expect a letter in response with a claim number and the adjuster’s contact information.
Don’t be surprised to hear from an adjuster offering you a quick settlement. Keep in mind that the adjuster is not your friend. They aren’t doing you a favor. Adjusters are paid to shut down claims fast, for as little money as possible. Offering fast cash is an adjuster tactic to see if you’re desperate enough to take what you can get.
It’s rarely in your best interest to settle a claim while still treating your injuries. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. The clause requires you to promptly notify your insurance company of an accident, no matter who’s at fault. In return, your insurance company has a legal obligation to defend you against lawsuits brought by others involved in the accident.
You risk losing valuable legal protections if you fail to promptly notify your insurance company or don’t cooperate with their accident investigation.
If you hire an attorney, they will handle all communications with both insurance companies. You have the right to consult an attorney for any type of car accident. Severe or complicated cases (like shared fault) should always be handled by an experienced attorney to ensure the best outcome.
Rhode Island Fault and Liability Rules
Rhode Island is a traditional fault state. You can pursue compensation from the at-fault driver and any other liable parties. Other liable parties might be the vehicle’s owner (if not the driver), and the driver’s employer if they were on the job when the accident happened.
Before you see any compensation for your injuries, you must prove the other driver’s fault to the insurance company or a jury.
Rhode Island Shared Fault Rules
Rhode Island is a pure comparative fault state. This means you can seek compensation from the other party so long as you aren’t one hundred percent at fault. Your payout will be reduced by your percentage of shared fault.
Example of Pure Comparative Fault in Rhode Island
Alice was driving along Grace Street in Cranston, approaching Clarence Street. She was in a hurry to pick up her child from daycare, so she picked up speed.
Ted was also traveling on Grace Street, approaching the Clarence Street intersection from the other direction. He didn’t see Alice coming when he made a left onto Clarence Street. The collision injured both drivers.
Ted was ticketed for failing to yield while making a left turn. The investigating police officer took witness statements that Alice was “flying” and didn’t even brake when she sped into the intersection.
Alice filed a $60,000 injury claim with Ted’s insurance company. When the adjuster only offered $30,000 to settle, arguing she was equally to blame for the crash, Alice filed a lawsuit against Ted.
At trial, the jury evaluated the evidence, including witness testimony. The jury found that Ted and Alice shared fault, but that Alice was only 25 percent at fault, while Ted was 75 percent to blame.
Because of Rhode Island’s pure comparative fault rule, Alice was awarded $45,000, representing a 25 percent reduction to her injury claim. Alice got a larger payout because she didn’t let the insurance company have the last word on her share of fault.
Rhode Island Car Accident Compensation
The average settlement for a moderate car accident claim in Rhode Island is $19,866, with average payouts ranging from $5,834 for minor injuries to $909,490 for severe injuries.
Injury settlements in Rhode Island can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Providence and Bristol Counties, James v. Faria, PC-2004-5907, the plaintiff was awarded $4,337 for soft-tissue injuries. The plaintiff had similar preexisting injuries from an earlier accident.
- Also in Providence and Bristol Counties, Oliveira v. Lombardi, PC20002780, the jury awarded $18,900,000 to a passenger in a parked car who was burned and paralyzed from the neck down after being rear-ended at high speed.
Factors that impact Rhode Island car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like buses, delivery trucks, and tractor-trailers carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Rhode Island State Minimum Insurance Requirements
Anyone who owns or operates a vehicle in Rhode Island must carry liability insurance of at least $50,000 per person/$100,000 per accident, and $25,000 for property damage.
Rhode Island requires auto policies to have uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injuries equal to the policy’s liability limits.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic or “special” damages, like medical bills, out-of-pocket expenses, and lost income, then adding one to three times that amount for your non-economic “general” damages, also called pain and suffering.
The amount an adjuster is willing to pay for pain and suffering depends on how much your life was interrupted by your injuries. A multiple of one is reasonable for a few days in the recliner with a heating pad. A multiple of two or three is justified for a slipped disc that limited your activities for several months.
Serious injury claims are best handled by an experienced personal injury attorney for maximum compensation. Your attorney can get expert medical and financial opinions to prove current and future medical costs, lost earning capacity, and the extreme pain and suffering arising from severe injuries.