Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you suffer injuries in Rhode Island due to another driver’s negligence, you can seek payment of your medical bills from the at-fault driver’s insurer. To ensure the insurer accepts liability for your medical expenses, follow these key steps under Rhode Island law.
1. Seek Prompt Medical Treatment and Document Everything
Obtain medical care immediately. Keep all bills, invoices, diagnostic reports and discharge summaries. Detailed records form the core of your claim and help prove the necessity and cost of your treatment.
2. Provide Timely Notice to the Insurer
Send a written notice of claim to the at-fault driver’s insurer. Include a clear demand for coverage of your medical expenses. Deliver your notice by certified mail or other trackable method to create a verifiable record. Under R.I. Gen. Laws § 27-7.1-3, insurers must investigate legitimate claims promptly and in good faith.
3. Supply Complete Medical Records and Authorizations
Attach copies of each medical invoice and treatment record. Sign any release or authorization the insurer requests so it can verify your care directly. Insurers often delay on incomplete submissions.
4. Track All Communication
Maintain a log of calls, emails and letters with dates and the names of contacts. Send follow-up reminders every 2–3 weeks if you do not receive substantive responses. Documenting delays can support a bad-faith claim if the insurer unreasonably denies coverage.
5. Cooperate with an Independent Medical Exam (IME)
If the insurer questions the necessity of your treatment, it may request an IME. Attend the exam and bring your own notes to clarify your condition. Reviewing the IME report helps you spot errors and counter any unwarranted denials.
6. Issue a Policy Limits Demand if Costs Near Coverage Caps
If your medical bills approach the at-fault policy limits, send a policy-limits demand. This formal demand asks the insurer to tender full limits before the policy exhausts.
7. Prepare to File Suit Before the Statute of Limitations Expires
If the insurer refuses or ignores your valid claim, you can file a lawsuit in Rhode Island Superior Court. Remember the three-year statute of limitations for personal injury under R.I. Gen. Laws § 9-1-14. Missing this deadline will bar your lawsuit.
Helpful Hints
- Keep a daily injury journal to track pain levels and treatment progress.
- Send written authorizations for medical records instead of verbal releases.
- Review your own auto policy for uninsured motorist coverage.
- Request future medical expense projections from your provider.
- Ask the adjuster to confirm settlement authority in writing.
- Consider hiring an attorney if liability or damages exceed policy limits.