Detailed Answer
Disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Under Rhode Island law, every motor vehicle policy must include uninsured motorist (UM) coverage equal to the bodily injury limits of the policy. This coverage protects you if the at-fault driver carries no insurance. See R.I. Gen. Laws § 27-7-2.1.
If the at-fault driver has no active insurance on the date of loss, consider these options:
- Uninsured Motorist (UM) Claim: File a claim under your own insurance policy’s UM coverage. Your insurer will compensate you up to your policy limits for bodily injury and, if you purchase it, property damage.
- Collision or Comprehensive Coverage: If you carry collision coverage, you can recover damage to your vehicle minus your deductible. Your insurer then subrogates against the at-fault driver to seek reimbursement.
- Civil Lawsuit Against the Driver: You may sue the at-fault driver directly for negligence. Even if they lack insurance, the court can enter a judgment against them, allowing you to pursue collection.
- Asset Levy and Wage Garnishment: After obtaining a judgment, you can ask the court to garnish the driver’s wages or levy their bank accounts. See R.I. Gen. Laws § 10-11-1.
- Small Claims Court: For property damage or medical expenses under $5,000, you can file in Rhode Island Small Claims Court for a faster resolution.
- Department of Business Regulation Complaint: Report the uninsured driver to the Rhode Island Department of Business Regulation, Insurance Division. They may impose penalties and suspend the driver’s registration.
Helpful Hints
- Review your policy declarations to confirm your UM and collision limits before filing a claim.
- Keep detailed records: photos of damage, medical bills, repair estimates and correspondence with insurers.
- Consult your insurer promptly—UM claims often have short notice requirements.
- Collect the at-fault driver’s personal details at the scene: name, address and any contact information.
- If you plan to sue, consider hiring counsel experienced in insurance subrogation and judgment enforcement.
- Check whether a household member has excess UM coverage that could apply to your accident.