If you have suffered damages or injury in a Rhode Island vehicle accident that was not your fault, you will likely file a claim with the responsible party’s insurance carrier. However, in some cases, the other driver was either under-insured or uninsured. While this might seem financially devastating, there is likely a solution through your own automobile insurance policy. You can probably file a claim with your own auto insurance company under a provision that covers you against uninsured motorists. In all likelihood, your RI auto insurance policy has two specific provisions to cover you when other drivers have no insurance coverage or insufficient coverage. These provisions will provide you financial compensation for any bodily injury and/or property damage you suffered in the Providence vehicle accident.
RI underinsured motorist law
Pursuant to Rhode Island General Law 31-31-7 Rhode Island Motorists are required to have minimum liability insurance coverage of $25,000 (1 person injured) / $50,000 ( 2 or more persons injured) RIGL § 27-7-2.1 pertains to Uninsured / Underinsured Motorist Coverage requirements in Rhode Island.
§ 31-31-7 Requirements as to policy or bond. – (a) No policy or bond shall be effective under § 31-31-6 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (b) of this section, nor unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person, in any one accident and subject to the limit for one person, to a limit of not less than fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property to a limit of not less than twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident….
Rhode Island uninsured motorist accident lawyer
What if I am injured in a Rhode Island Car Accident but the person who caused the auto accident has no insurance?
- In some cases, the person who caused the Rhode Island Motor Vehicle Accident does not have Liability Insurance. If the person who caused the Rhode Island Car Crash does not have liability Insurance then you may have to file a claim against your own uninsured / underinsured Policy. So long as you have uninsured motorist protection, you will be able to file a claim against your own insurance company for uninsured claims.
- Underinsured Motorist protection is also invaluable in Rhode Island. Underinsured Motorist coverage protects you if the person who was at fault for the accident does not have enough insurance to pay your medical bills and damages.
- Uninsured / Underinsured Coverage is crucial in Rhode Island. Everyone should obtain Underinsured and Underinsured Motorist Coverage! A liability policy covers third parties injured in an accident if you were at fault. Uninsured/ underinsured Motorist Coverage protects you and other occupants of your vehicle if another person negligently causes personal Injury.
- In fact, Insurance Agents are Liable under RI law to give you the option to obtain such Insurance and you must waive such coverage each year in writing. If you don’t waive the coverage then the Insurance Company must provide the coverage to you.
You are likely required to carry uninsured motorist coverage in the event that the driver responsible for causing your vehicle accident is not insured. Their lack of insurance is usually determined at the time of the accident, when the law enforcement officer is investigating the collision, gathering evidence and obtaining eyewitness accounts.
The Value of the Claim
Like any other claim for financial compensation, the insurance adjuster will likely offer an amount significantly lower than the value of your Rhode Island uninsured motorist claim. This is because the adjuster is trained to settle claims offering the least amount of compensation possible. Paying out the true value of the claim decreases the insurance carrier’s profitability. As a result, it is a wise decision to hire a Rhode Island personal injury attorney specializing in uninsured motorist claims in RI. This is because the East providence car accident lawyer will use proven methods to determine the value of your claim to ensure you receive adequate compensation for your injuries and damages. The RI Personal injury lawyer will consider a variety of factors to determine the case’s value including:
• Is your primary injury temporary or permanent?
• Do you have single or multiple injuries?
• Did you suffer head injuries or brain trauma in the accident, which could cause neurological problems in the future?
• Have the injuries from the accident caused you debilitation or limit your ability to perform daily activities?
• Are you experiencing intense discomfort and pain due to your injuries?
• Do you have extensive ongoing medical expenses?
• Have you lost time at work and/or will in the future because of your accident injury?
• Where you visibly disfigured in the accident by burns or scars?
Providence uninsured motorist injury attorney
A skilled Providence uninsured motorist injury attorney will build the case to help you receive maximum recovery based on the limits of your policy. In addition, RI personal injury attorneys have extensive skills to maximize your compensation when negotiating with the claims adjuster for an out-of-court settlement or taking the case to trial in front of a judge and jury. A skilled Rhode Island Accident lawyer can ensure that your own auto insurance company does not breach their contract to cover you for an uninsured motorist accident. Most RI Auto Accident attorneys will offer to take the case on contingency, avoiding the need for you to pay upfront fees.
In spite of the requirement in nearly all states including Rhode island and Massachusetts, millions of people still drive without insurance. According to the Insurance Research Council, the states with the highest numbers of uninsured motorist are California with approximately 4.1 million uninsured drivers, Florida with 3.2 million, and Texas with 1.6 million. Nearly 13 percent of all motorists are uninsured. That’s about 1 in 8. The following information describes the high cost of uninsured motorists, why so many are uninsured, and the legal problems associated with uninsured drivers.
The high cost of an uninsured motorist
The Pew Charitable Trusts states that costs for uninsured motorists totaled $2.6 billion in 2012. These costs, while primarily covered by insurance companies, are generally passed on to drivers who pay for insurance. These costs translate into higher premiums for other drivers. States including RI and MA have a variety of laws and procedures in place to deal with the high costs of uninsured drivers. However, many states do not have the resources to implement mandates and penalties. In some cases the bureaucracy involved in implementing penalties results in errors and computer glitches. Sometimes even law-abiding drivers get flagged and penalized unfairly.
Reasons for Uninsured Drivers
Staticbrain.com lists the demographics regarding uninsured drivers. Most are males in the 18 to 24 age bracket. They are also likely to earn less than $20,000 annually. With a struggling economy it’s easy to see why many people aren’t purchasing car insurance. Paying for premiums is one of the main reasons people don’t have auto insurance. A vehicle that is not in operating condition or one that is rarely used are other reasons people neglect to purchase insurance. According to AutoInsurance.org, from a statistical perspective, if there are 5.5 million car accidents each year, 770,000 are caused by uninsured drivers.
What Can You Do If You’re Involved in This Type of Accident in Rhode Island?
If you’re in an accident caused by an uninsured driver there are generally two options available. Drivers can bring a lawsuit against the uninsured motorists for damages or they can file a claim with their own insurance company for uninsured motorists benefits (if they have such coverage). It’s often recommended to hire a Rhode Island personal injury attorney who is also a RI uninsured motorist injury claim accident lawyer when an individual has been injured because of an uninsured driver. Because laws vary from state to state and insurance companies are not always cooperative, hiring an experienced RI car accident lawyer may be the best chance of receiving compensation.
Legal Notice per Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.