Rhode Island Car Accident Compensation Laws

Rhode Island law makes it reasonably easy for car accident victims to recover compensation after an accident. Rhode Island is an at-fault state, so drivers file insurance claims with the other driver's insurance company in a motor vehicle accident. Rhode Island uses a pure comparative negligence rule so even drivers who are partially at fault can still recover damages.

Drivers must have the right insurance coverage to avoid liability after an accident. They should also consult a personal injury attorney who knows Rhode Island's car accident laws.

Rhode Island Car Accident Compensation Laws

Rhode Island uses an at-fault rule for car accident claims. Accident victims file their claims in an at-fault state with the other driver's insurance company. The insurance adjusters review all claims and evidence and determine the at-fault driver. That driver's insurance pays all claims for injuries and damages.

Rhode Island requires all drivers to carry liability insurance to cover claims following an accident. The minimum insurance requirements are:

• $25,000 bodily injury liability coverage per person
• $50,000 bodily injury liability coverage per accident
• $25,000 property damage per accident

Rhode Island does not require uninsured/underinsured motorist coverage. UI/UIM coverage pays injury claims if the other driver does not have insurance, or their insurance policy limits will not cover your claim. Your insurance company may ask you to opt out of UI/UIM coverage.

Comparative Negligence

Rhode Island is one of a few states that uses a pure comparative negligence rule. Comparative fault recognizes that in an auto accident, both drivers may share some blame for the injuries and damages. Pure comparative fault lets both drivers recover damages but reduces their award in proportion to their degree of fault. If a driver is 20% at fault, they can only recover 80% of their damages.

Damages and Limits

In a personal injury lawsuit, "damages" are the monetary losses from the accident. These consequential damages are a direct result of the car crash. You may claim two types of damages in a car accident case.

Economic damages are objective expenses, such as medical expenses, lost income, and out-of-pocket expenses. Adjusters determine economic damages with medical bills, police reports, and witness statements.

Non-economic damages are intangible losses, like pain and suffering, emotional distress, and loss of consortium. Liability insurance pays for both types of damages in Rhode Island.

In a tort claim, victims may ask for punitive damages if the other driver was unusually malicious or reckless. The court awards punitive damages, not the insurance company. If you deserve punitive damages, you should discuss your case with a personal injury attorney.

Limits

Unlike most states, Rhode Island has no damage caps for economic or non-economic damages. In general, punitive damages will not be greater than 10 times the total compensatory damages in your case.

Rhode Island has different statutes of limitation for car accident cases. A driver has three years to file a personal injury claim after an accident and 10 years to file a property damage claim in the same accident.

Get Legal Advice from a Rhode Island Car Accident Attorney

Rhode Island's car insurance rules are easier to understand than most states, but you still need help to get fair compensation. Get legal advice from an experienced Rhode Island car accident attorney to discuss your car accident injury.