What to do next with your personal injury claim in Rhode Island after you have the crash report
Short answer: Use the crash report as one important piece of evidence, get and keep medical records, notify your insurer, preserve other evidence, and either present a written demand to the at-fault party’s insurer or consult an attorney to prepare a claim or file suit before Rhode Island’s deadline for personal injury actions. This article explains the practical steps, timelines, and options under Rhode Island law so you can move your claim forward with confidence.
Detailed answer — step-by-step guide
1. Read and save the crash report
Carefully review the crash report for the basic facts: date, time, location, parties and insurance information, officer observations, and any citations issued. The report is not proof of fault by itself, but it documents what the responding officer recorded and often points to witnesses and other evidence. Save a certified/copy version. If a municipal or state police officer prepared the report, you can usually request copies from that agency’s records unit.
2. Get and document medical care right away
Your health comes first. Seek medical attention immediately for any injury — even if it seems minor. Keep all medical records, diagnostic images, prescriptions, billing statements, and notes about ongoing symptoms. Treating providers create the medical narrative that ties the crash to your injuries, which is essential to a strong claim.
3. Preserve all evidence
Preserve photographs (vehicle damage, injuries, scene), video (dashcam, traffic cameras, surveillance), witness names and contact info, repair estimates, and any phone records or messages about the crash. Make backups and store originals where they won’t be lost or altered.
4. Notify your insurance company (and learn about the other driver’s insurer)
Rhode Island insurance policies require prompt notice of accidents. Report the crash to your insurer according to your policy’s instructions. Also collect the other driver’s insurer details from the crash report and any exchange at the scene. Do not give recorded statements or sign releases for the other driver’s insurer without understanding the consequences.
5. Track damages carefully
Track economic damages (medical bills, prescriptions, lost wages, vehicle repair and rental costs) and non-economic damages (pain and suffering, loss of enjoyment). Keep receipts, wage statements, employer notes about missed work, and receipts for out-of-pocket expenses.
6. Consider making a written demand to the insurer
When your injuries and bills are reasonably documented and your prognosis is clearer, prepare a written demand package for the at-fault party’s insurer. Include a cover letter outlining what happened, the crash report, medical records, bills, a demand number for compensation, and a deadline for response. Insurers often open negotiations after receiving a complete demand.
7. Understand timing — statute of limitations
Rhode Island limits the time to bring a personal injury lawsuit. Under Rhode Island law, actions for personal injuries generally must be filed within three years. See R.I. Gen. Laws § 9-1-14 for the controlling limitation period and any exceptions that may apply. Missing the deadline can bar your right to sue, so act promptly. R.I. Gen. Laws § 9-1-14.
8. If a government entity is potentially liable, check notice rules
Claims against state agencies, towns, or other public entities often require advance notice and have special procedures and shorter deadlines. If the crash involved municipal streets, state vehicles, or government actors, find and follow the applicable notice statute and procedures or consult an attorney quickly.
9. Evaluate settlement vs. filing suit
Most claims resolve by settlement. Insurers will evaluate liability and damages and may make offers. If you cannot reach a fair settlement, you (or your lawyer) can file a civil complaint in Rhode Island Superior Court before the statute of limitations runs. Litigation includes discovery, motions, and possibly a trial.
10. Consider hiring an attorney
An attorney experienced in Rhode Island personal injury law can: review the crash report and medical records; gather additional evidence; prepare a demand; negotiate with insurers; calculate damages; and file suit if necessary. Many personal injury lawyers handle these matters on a contingency-fee basis, meaning they only collect attorney fees if you recover money.
11. What to bring to an attorney consultation
- Crash report and any police contact info
- Photographs or videos of scene, vehicles, and injuries
- All medical records and bills related to the crash
- Pay stubs or employer statements showing lost wages
- Insurance information (yours and other parties’)
- List of witnesses and their contact info
- Any correspondence with insurers
How long will the process take?
Timelines vary. Simple claims may settle in a few months once liability and damages are clear. More serious injuries or disputed liability can take a year or more, and litigation can take several years. Acting promptly to preserve evidence and meet deadlines speeds the process.
What if the at-fault driver is uninsured or underinsured?
If the other driver lacks adequate insurance, your uninsured/underinsured motorist coverage (if you have it) may cover part of your damages. Notify your insurer and review your policy limits and requirements for making such a claim.
Final quick checklist
- Keep the crash report and request an official copy if you don’t already have one.
- Get medical care and follow doctor orders.
- Preserve photos, videos, and witness contact info.
- Report to your insurer; avoid unadvised recorded statements to the other party’s insurer.
- Document all expenses and lost time.
- Prepare a demand or consult an attorney before the statute of limitations expires (R.I. Gen. Laws § 9-1-14).
Helpful Hints
- Do not admit fault at the scene. Simple phrases like “I’m sorry this happened” can be used by insurers as an admission.
- Get medical records showing the link between the crash and your injuries — that causal link is key to recovery.
- Back up digital evidence (photos, text messages) in multiple places right away.
- Keep a daily symptom journal to show how injuries affect your life over time.
- If the other driver has minimal coverage, look early at your uninsured/underinsured coverage and health insurance subrogation rules.
- If unsure about public-entity involvement (town/state vehicle, poor roadway maintenance), consult an attorney quickly — special notice rules may apply.
- Get a free consult with more than one attorney if possible; contingency-fee arrangements are common in personal injury cases.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in Rhode Island.