Rhode Island Uninsured Motorist Accident Lawyer
If you add uninsured motorist coverage to your car insurance policy, it can cover your damage if you’re in a hit-and-run accident, struck as a pedestrian or bicyclist, or in a crash with an uninsured or underinsured motorist. Our Rhode Island car accident lawyers can help you recover the compensation you deserve.
- Updated date:
- April 7, 2024
Rhode Island law requires that everyone on the road is insured. The state has minimums that must be satisfied before a car can be registered and driven here. Despite that, an estimated 16.5 percent of drivers in Rhode Island don’t have car insurance.
Rhode Island is a “fault” state regarding car accidents, which means that the at-fault party’s insurance company is responsible for crash-related damages.
So, what happens if you get into a car accident with an uninsured or underinsured driver?
If you opt to add uninsured motorist coverage or underinsured motorist coverage to your car insurance policy, that could help cover your collision-related costs.
What Is Uninsured Motorist Coverage?
Uninsured Motorist (UM) coverage is a type of insurance that provides protection to drivers when they are involved in an accident with a motorist who does not have insurance or is underinsured.
Uninsured motorist coverage (UMC) applies in situations involving:
- A driver without any liability car insurance.
- A hit-and-run driver.
- A driver whose insurance company rejects coverage or becomes insolvent.
The uninsured motorist coverage essentially takes the place of the insurance that the other driver should have had.
It can cover damages like:
- Medical treatment
- Rehabilitation
- Therapy
- Lost wages
- Pain and suffering, and
- Wrongful death
How much will your UMC cover after an accident? That depends on how much you added to your policy.
Minimum uninsured motorist coverage amounts in Rhode Island include $25,000 (per person), $50,000 (per accident) for bodily injury protection, and $25,000 (per accident) for property damage.
If you bought the minimum, you’d have $25,000 to put toward medical treatment, your loss of income, and emotional distress. If you purchased $100,000 in bodily injury protection, you’d have $100,000 to cover the costs of your crash.
What Is Underinsured Motorist Coverage?
Underinsured Motorist Coverage (UIM) is a type of auto insurance that provides protection to drivers when they are involved in an accident with a motorist who has insurance, but the coverage is not sufficient to cover the damages fully.
Underinsured motorist coverage helps to offset the costs of an accident with a driver who doesn’t have enough insurance to cover all of your damages.
All drivers in Rhode Island are required to purchase insurance that satisfies the state minimum, including:
- Bodily Injury: $25,000 per person, $50,000 per accident
- Property Damage: $25,000 per accident
If your car accident is serious, there’s a good chance that $25,000 won’t be enough to cover the full costs of your car accident injuries and suffering. That’s where underinsured motorist coverage can be helpful.
Let’s say you’re involved in a car accident in Providence and suffer damages valued at $50,000. The other driver had minimum bodily injury protection coverage of $25,000, which covers only half of your costs. You can file a claim against your underinsured motorist coverage to make up the difference (up to your policy limits). If you had $25,000 in underinsured motorist coverage, you’d be made whole.
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If you think you may have a case, contact us now for a FREE consultation
Is UM/UIM Coverage Required In Rhode Island?
Insurance companies in Rhode Island are legally required to offer uninsured motorist coverage to consumers. You have the right to decline the added protection, but you must waive the coverage in writing.
Pursuing Compensation In An Uninsured Motorist Claim
Since you bought the uninsured motorist coverage, you’ll need to file a claim with your insurance company after a car accident with an uninsured driver. This is known as a “first party” claim.
First, you’ll let your insurance company know that you’ve been in a car accident and explain that the responsible driver didn’t have insurance (or enough insurance) to cover your damages.
Once you’ve notified your insurer, your Rhode Island uninsured car accident lawyer will begin to put together a demand letter. This is essentially an explanation of what happened supported by facts and evidence, along with a specific demand for compensation. You want your demand letter to be as strong as possible – it might be your policy, but your insurance company still won’t want to pay.
To support your claim, your uninsured car accident lawyer will include important pieces of evidence, which might include:
- Photographs
- Video footage
- Proof of the at-fault party’s lack of insurance coverage
- Statements from witnesses
- Medical records
- Proof of lost wages and income
- Expert testimony and reports, and mor
The stronger your demand, the more likely you’ll be able to recover the uninsured motorist or underinsured motorist benefits you deserve.
If the insurance company refuses to pay, your uninsured car accident lawyer in Rhode Island can file a lawsuit and bring them to court.
Steps To Take If You've Been Hurt In An Accident With An Uninsured Driver
Believe it or not, the steps you take immediately after an accident with an uninsured driver are really important. They can affect your long-term health and impact your claim for damages.
Stay at the Scene
It’s considered a hit-and-run if you leave after an accident that causes property damage, injury, or death.
Report the Accident
Make sure that the accident is reported to the local police immediately. An officer will be dispatched and will conduct a preliminary investigation into the accident. The at-fault driver’s insurance status will be documented at that point. If they don’t have proof of coverage, that will be noted in the police report.
Exchange Insurance Information with Other Parties
If everyone remains at the scene, make sure you exchange license and insurance information.
Document the Details
Write down the at-fault driver’s license plate number. Take down names and contact information for witnesses. Take photographs of the scene, property damage, and your injuries.
Seek Medical Attention
Get to the doctor as soon as you can after your auto accident. Your visit will ensure that your injuries are correctly diagnosed, treated, and documented.
Notify Your Insurance Company
If you suspect that the other driver is uninsured or underinsured, or if the driver flees the scene of the crash, contact your insurance company and let them know that you’ve been in an accident.
Call an Experienced Rhode Island Car Accident Lawyer Near You
Hiring an uninsured car accident lawyer to represent you can set you up for a much-needed win and help you get all the money you deserve. Even though you’re filing a claim with your insurance company, the process can still be quite challenging. You may also have other avenues to financial recovery, including a claim against another party’s insurance policy or a civil lawsuit for damages against a negligent party. Contact the esteemed attorneys at Marasco & Nesselbush to discuss all your options.
Time Limit To File A Claim For Uninsured Or Underinsured Motorist Benefits In Rhode Island
Rhode Island has more generous rules than most other states, but you won’t have unlimited time to file a claim for uninsured or underinsured motorist benefits.
You will have:
- Three years to file a claim for bodily injury
- Ten years to file a claim for property damage
Once the statute of limitations expires, you will lose the opportunity to file a claim and recover your uninsured motorist benefits.
Why Should I Hire an Uninsured Motorist Accident Attorney?
Hiring an uninsured motorist accident attorney is crucial to navigating complex legal processes, maximizing compensation, and ensuring your rights are protected. An attorney can help you understand and pursue the available options for compensation, negotiate with insurance companies, and handle legal complexities, increasing the likelihood of a favorable outcome in your case.
How Can Marasco & Nesselbush Help You Recover Uninsured Motorist Coverage Benefits?
Even though they’re your insurance benefits, your insurance company won’t be eager to approve your claim and pay what you need. Insurance adjusters will rely on tried-and-true strategies designed to get you to accept way less than what you deserve or, worse, nothing at all.
Marasco & Nesselbush specializes in securing Uninsured Motorist Coverage benefits. Our experienced attorneys navigate insurance claims, negotiate with insurers, and advocate for your rights, ensuring you receive the maximum compensation you deserve.
For more than 20 years, we’ve been leading advocates for crash victims and grieving families in Rhode Island. We’ve won over $200 million in benefits, settlements, and verdicts on their behalf. We’re not afraid to stand up to insurance companies, corporations, and negligent drivers to get our clients the results they deserve, and it shows.
Let us take on your insurance company and seek damages from anyone who might be responsible for your Rhode Island car accident. We offer a free case evaluation and work on contingency, which means there’s no risk in asking for our help. You pay only if we win your case and recover uninsured motorist benefits or other damages on your behalf.
Call our law firm, with offices conveniently located in Providence, East Providence, Wakefield, Warwick, Woonsocket, and Quincy, MA, to schedule your free consultation and get started today.
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