Rhode Island Car Accident Settlement Process and Timeline

Learning about the Rhode Island car accident settlement and timeline can ease confusion after a car accident claim. This FindLaw article can help you return to the road, as a driver or passenger, as quickly as possible.

Rhode Island Auto Accident Laws and Police Reports

Knowing what to do after a motor vehicle accident and what you'll need for your insurance claim can ease your mind and speed up the process. Remembering a few simple things can make your life much easier.

Knowing what to do to file a successful auto insurance claim and how to determine who the at-fault driver is makes it easier to get a car accident settlement.

Car Accident Claim Basics

Auto insurance protects against property damage and personal injuries in motor vehicle accidents.

What To Do After an Accident in Rhode Island

Don't leave the scene of the accident. You're required to alert the police if any of the following happens:

• An injury or death
• Vehicle unable to move under its own power
• Property damage over $1,000
• You hit a domesticated animal
• You hit an unattended vehicle

Under Rhode Island law, you have 21 days to report an accident, but it's always a good idea to call the police and have them show up.

Check on the well-being of all involved in the accident, including yourself. If necessary, offer first aid at the level you feel qualified to administer. When calling 911, make the operator aware of any injuries.

Ask for medical attention for injuries. Keep copies of all medical expenses to negotiate a fair settlement.

Take pictures of the accident scene. Move driveable cars to a safer location. Exchange contact information with other drivers and passengers, like phone numbers and insurance information.

Regardless of whether the police file an accident report, you may have to file an accident report of your own.

Auto Accident Reports in Rhode Island

The car accident report is an important document. It's a key part of how insurance companies determine who is at fault and damage amounts.

The investigating officer will gather objective data observed at the scene of the accident. They'll combine this with statements taken from drivers, passengers, and witnesses. Uses of accident reports are:

• Insurance claims
• Resulting car accident claims parties file in court
• State crash statistics

You can get a copy of the police report from police departments or $15 online.

FindLaw's Rhode Island Car Accident Report Basics article looks at exactly what goes into the report.

Negligence and Fault in Rhode Island

Rhode Island is an at-fault state for determining who will pay after an auto accident. This means that the driver determined to be responsible for causing the accident is liable for the injuries and damages that resulted.

Rhode Island's pure comparative negligence doctrine determines the amount accident victims can get. Under this system, almost everyone is eligible for damages awards. The amount reduces by the percentage of fault contributed to the accident. If you're 20% to blame, you'd get 80% of your settlement amount. If you're 99% to blame, you can still get 1%.

It can be difficult to know what you're supposed to get and what you receive. To explain what you'll encounter, look at FindLaw's Rhode Island Car Accident Compensation Laws article.

Rhode Island Car Insurance Laws

Rhode Island requires that motorists carry liability auto insurance. Drivers must maintain an insurance policy with the following minimums:

• At least $25,000 for the injury or death of a single person in a single accident
• At least $50,000 for the injury or death of multiple people in a single accident
• At least $25,000 for the injury or destruction of someone else's property in a single accident
• A $75,000 combined single limit

You may have to pay out of pocket for any damages beyond the policy limits. Having more coverage might be worth the trade-off of higher premiums.

Other types of insurance are available. Rhode Island doesn't use personal injury protection (PIP) insurance but a similar system called Medpay. Other forms include collision insurance and comprehensive insurance.

After an accident, you'll file an insurance claim with the at-fault driver's insurance company. If you're at fault, you'll file with your own carrier.

Rhode Island Insurance Settlement Process and Timeline

Remember to keep copies of medical bills for your personal injuries and all communications with the insurance company.

Relevant Rhode Island Statutes (Laws)

Rhode Island General Laws Title 31. Motor and Other Vehicles:

• Sections 31-26-1 to 31-26-5 (requirement to stop and remain at scene of accident)
• Sections 31-26-6 to 31-26-16 (duty to file report on qualified accidents)
• Section 31-26-3.2 (duty to notify police)
• Section 31-32-2 (proof of financial responsibility for the future defined)

Rhode Island General Laws Title 9. Courts and Civil Procedure:

• Section 9-20-4 (pure comparative negligence)
• Section 9-1-14 (limitation of actions for words spoken or personal injuries)

How the investigation process will proceed

• A claims adjuster is assigned once you have notified the insurance company.
• To confirm your injuries stemmed from the accident and not from a different event, you provide your medical records to review medical treatments.
• The insurance adjuster may contact witnesses and confirm their witness statements.
• They can ask you follow-up questions about the accident or investigate your injuries and the losses.

The initial settlement offer

• After the adjuster has finished the investigation, the insurance company will either make an initial settlement offer for the amount they believe you're owed in compensation for the accident or deny the claim. The insurance company has 60 days to make its decision.
• Rhode Island uses pure comparative negligence. Any recovery may get reduced by the percentage you are responsible for the accident. 
• The initial offer might be less than you expected or hoped for, not even enough to cover your losses and medical care.
• Demand to know why your claim was denied.

Negotiations and other options

• You must choose whether to accept the initial settlement offer or enter the negotiations phase instead.
• Prepare to present evidence to show proof of your injuries and losses if you're going to negotiate. You'll argue that your case is worth more than the offer presented.
• The insurance company may still refuse to make what you consider an acceptable offer. If this happens, file a lawsuit in court against the at-fault driver and their insurance company. You can also file an insurance claim with your insurance company.
• If you choose to go to court, speak with a personal injury attorney for legal advice.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Rhode Island Car Accident Settlement Process and Timeline FAQ

Some of the matters discussed below might mirror what you're experiencing in your car accident case.

I should have filed my personal injury case against the at-fault driver a while ago. How long do I have?

A statute of limitations is the amount of time you have to file a personal injury claim. For a personal injury lawsuit in Rhode Island, you have three years from the date of the accident. If you need legal representation to file in civil court, consider speaking with a Rhode Island car accident lawyer.

The at-fault driver's insurance company denied my claim. What do I do?

As discussed in the table above, it's possible to get denied. Remember, the other insurance company is working against you on behalf of the at-fault driver. They'll make it as difficult and frustrating as possible.

Find out why they denied your claim. You have certain options to try if it doesn't sound legitimate. If you feel you're in over your head, consider getting legal representation from a car accident attorney.

It took forever, but the other insurance company agreed to pay my claim. Do I have to pay a deductible?

You don't have a policy with that insurance company, so you're not on the hook for covering any deductible. Remember that the agreed-on amount may get reduced via your percentage of fault as determined by pure comparative negligence.

Rhode Island Car Accident Settlement Process and Timeline: Related Resources

• When the Other Insurance Company Denies Your Claim
• Rhode Island State Police Accident Guide
• Rhode Island Car Accident Compensation Laws
• Negligence Laws in Rhode Island
• Types of Damages in a Car Accident Lawsuit

Get Help With Your Car Accident Settlement From a Rhode Island Attorney

If you are in a Rhode Island car accident, you may discover that managing the state's legal requirements and negotiations with insurers can be difficult. A lawyer can help ensure that you're fully compensated for your damages. Contact a Rhode Island car accident lawyer to learn more.