Detailed Answer
After a collision, insurers must investigate and process claims promptly under Rhode Island law. You can challenge delay or denial tactics by following these steps.
1. Review Your Policy and Note Deadlines
Start by reading your insurance policy. Look for deadlines to submit claims and required documentation. For Personal Injury Protection (PIP) benefits, insurers must pay or deny claims within 30 days of receiving proof of loss under R.I. Gen. Laws § 27-18.2-7.
2. Request a Written Explanation
Send a written request to your insurer asking for the specific reasons for any delay or denial. Insurers must respond and identify the policy provisions or facts they rely on.
3. Cite Rhode Island’s Unfair Claim Settlement Practices
Rhode Island prohibits unfair claim practices. Under R.I. Gen. Laws § 27-9.1-2, unreasonably delaying or denying a valid claim is unlawful. Referencing this statute in communications highlights your legal rights.
4. File an Internal Appeal
Follow your insurer’s appeal process. Submit all supporting documents, photos, repair estimates and medical records. Keep copies of everything and record dates you sent information.
5. Submit a Complaint to the Department of Business Regulation
If the insurer still stalls, file a complaint with the Rhode Island Department of Business Regulation (DBR). You can submit a form online at dbr.ri.gov/divisions/insurance/consumer. Provide claim numbers, correspondence copies and a timeline of events.
6. Consider Mediation or Small Claims Court
You may ask for mediation or binding arbitration if your policy allows. For disputes under $5,000, file in Rhode Island Small Claims Court (District Court). It offers a faster, low-cost forum.
7. Consult an Attorney
If delays continue or the denial seems wrongful, talk to a Rhode Island attorney. A lawyer can assess your case, negotiate with the insurer and, if necessary, file a lawsuit to enforce your rights.
Helpful Hints
- Document every call and email with dates, times and the names of representatives.
- Send all written communications via certified mail with return receipt.
- Keep a detailed timeline of events, including when you filed the claim and received responses.
- Get multiple repair estimates and medical opinions to support your damages.
- Act promptly—statutes of limitations in Rhode Island generally range from three to six years for contract or tort cases.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Rhode Island.