Rhode Island requires all drivers registered in the state to carry liability insurance in case of an accident. However, not all drivers follow the law. This makes for a frustrating situation when an uninsured driver hits you, but don’t panic. Here’s how to handle a car accident with an uninsured driver in Rhode Island.
Steps to Take Immediately After a Rhode Island Uninsured Motorist Accident
Protecting your rights after an uninsured motorist crash starts with your actions at the crash scene. Here’s what to do to protect yourself:
- Call 911 – Rhode Island law requires you to report any accident with injuries, so calling 911 helps you avoid legal trouble. Additionally, calling 911 means the police will create a crash report, which you’ll need for your claim. Tell the responding officer everything you remember, but be careful to avoid implicating yourself.
- Seek medical attention – If emergency medical personnel don’t take you to a hospital, see a doctor right away. First and foremost, you want to make sure you don’t have hidden injuries. Second, thorough documentation of your injuries is crucial for your future legal case. Tell your doctor about all your symptoms, but don’t exaggerate them or make anything up.
- Save your medical records and receipts – Your receipts and medical invoices illustrate how much the crash cost you financially. Similarly, your medical records demonstrate the severity of your injuries and any long-term effects you might experience. You need both types of records for an uninsured motorist claim. Store these documents in a safe place for later use.
- Don’t discuss your case – Stay away from social media after the crash to avoid posting anything that might hurt your case. Along similar lines, avoid discussing the accident or your injuries with anyone other than a lawyer. You might accidentally say something that implicates you in the accident.
- Contact a lawyer – A Rhode Island uninsured motorist accident lawyer can walk you through the legal process and help you seek fair compensation.
Options for Recovering Compensation for an Uninsured Motorist Accident
Your first and most reliable option for recovering compensation after an uninsured motorist accident is to contact your car insurance company. If you have uninsured motorist coverage, you can file a claim with your insurer, and they’ll cover your losses up to your policy limits. You can use your uninsured motorist coverage to pay for your medical expenses and other losses from the collision.
One thing to note about uninsured motorist coverage is that it’s not required in Rhode Island. State law says insurers must offer this coverage and provide it on every policy unless the purchaser declines it in writing. So, chances are you have uninsured motorist coverage, but check your policy documents to be certain.
If you have uninsured motorist coverage, it must meet the minimum liability insurance requirements under Rhode Island law. Those requirements are:
- $25,000 for injuries to one person in a crash
- $50,000 for injuries to multiple people in a single accident
- $25,000 in property damage coverage
Another option is to file a personal injury lawsuit against the uninsured driver. They might not have insurance, but you can go after their assets directly. The problem with these lawsuits is that someone who doesn’t have insurance likely doesn’t have many assets you could claim for compensation.
Finally, you can pursue a claim against another party who has insurance in the accident. For example, maybe the crash involved a third driver you can file a claim against. Alternatively, an automaker might be liable for your injuries if a defective car part contributed to the crash. An uninsured motorist accident attorney can investigate the crash and see if anyone else contributed to your injuries.
Compensation in Rhode Island Uninsured Motorist Claims
If you have uninsured motorist coverage or find another liable party with insurance, your compensation could include money for:
- Medical expenses – Uninsured motorist crashes can cause severe, long-lasting injuries. Your claim can include compensation for doctor visits, surgeries, prescription drugs, physical therapy, and more. You can also seek compensation for the cost of future treatments you need.
- Lost income – A severe collision might keep you from working for weeks or months. You can demand compensation for any income you lost due to the crash, including any bonuses or commissions you might have earned if not for your injuries.
- Reduced future earnings – Your injuries from the crash might have affected your ability to work. If so, you can demand compensation for your reduced future earning capacity. However, you’ll need thorough proof of how your injuries affect your ability to work.
- Pain and suffering – Don’t discount the pain your injuries cause and its effect on your quality of life. For instance, your injuries might leave you paralyzed and unable to do certain activities. In turn, you might experience depression or anxiety, adding to your suffering. While it can be challenging to prove pain and suffering, it can substantially increase your claim amount.
- Damaged personal property – A severe collision might total your car or cost thousands of dollars in repair bills. Your uninsured motorist claim can include compensation for the cost to repair or replace your car. You can also seek compensation for any other property damaged in the accident. Make sure to save any repair estimates or invoices for proof of your financial losses.
Deadline to File an Uninsured Motorist Accident Lawsuit
If you intend to file a lawsuit against the uninsured driver or another party, make sure you act fast. State law says that in most circumstances, you must file a personal injury lawsuit within three years of the collision. We urge you to speak to a lawyer right away. Our legal team at Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. has the experience and legal knowledge to handle your case.
Contact The Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. Now for Legal Assistance
The Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. has guided many Rhode Island residents through the legal process after an uninsured motorist accident. We can guard your rights after the crash and help maximize your financial recovery. Call (401) 751-8855 or complete our contact form for a free consultation with an uninsured driver accident lawyer in Rhode Island, and let us fight to get you the money you deserve.
