Disclaimer: This article provides general education about Rhode Island law. It does not constitute legal advice.
Detailed Answer
After a collision, identifying the at-fault driver’s insurer is crucial for pursuing a claim. In Rhode Island, you can use the following steps to determine which company provided coverage at the time of the accident:
- Obtain the Police or Crash Report. Under R.I. Gen. Laws § 31-11-4, responding officers prepare a traffic crash report that typically lists the driver’s insurance carrier and policy number. You can request a copy from the Rhode Island State Police Records Office or the local police department that handled the crash.
- Contact the Rhode Island Division of Motor Vehicles (DMV). Rhode Island law requires every registered vehicle to carry proof of financial responsibility. The DMV maintains insurance filings (see R.I. Gen. Laws § 31-31-4). You can submit a written request or visit a DMV office in person to obtain the certificate of insurance on file for the at-fault vehicle.
- Check the SR-22 or Certificate of Insurance. If the at-fault driver had a suspended or high-risk license, insurers file an SR-22 form with the DMV. That document names the insurer and the policy’s effective dates. Requesting a copy through the DMV will reveal the insurer’s identity.
- Request Information Through Discovery. If you have initiated a lawsuit, you can serve written interrogatories or requests for production asking the at-fault driver to identify their insurer at the time of the crash. This legal tool compels disclosure under Rhode Island Superior Court Rules of Civil Procedure.
- Consult the Rhode Island Office of the Health Insurance Commissioner (OIC). If you encounter delays or non‐compliance from the DMV, the OIC can assist with insurer verification issues under R.I. Gen. Laws § 27-2-1 et seq.
Once you collect the insurer’s name and policy information, forward your claim package—including the crash report, medical bills, and a demand letter—to that company. They will open a claim file and assign an adjuster to evaluate your damages.
Helpful Hints
- Keep all correspondence and copies of requests to the DMV or police to track response times.
- Note the crash report number when you request a copy; it speeds up the DMV and police search process.
- When you contact the DMV, bring a valid photo ID and proof of your connection to the case (e.g., a power of attorney or claim number).
- If the at-fault driver disputes coverage, consider hiring an attorney to file a motion to compel discovery in court.
- Review R.I. Gen. Laws § 31-31-4 for details on the DMV’s duty to maintain insurance certificates: https://webserver.rilin.state.ri.us/Statutes/TITLE31/31-31/31-31-4.HTM