Detailed Answer — How to proceed after a driver ran a stop sign and hit your car (Rhode Island)

Short answer: Get medical care, document everything, report the crash, notify your insurer, preserve evidence, and decide whether to pursue a settlement with the other driver’s insurer or file a civil lawsuit. Rhode Island has time limits for bringing a lawsuit, so act promptly.

Step-by-step actions to protect your rights

1. Seek medical care immediately.

   Even if injuries feel minor at the scene, some symptoms appear later. Get checked and follow medical advice. Medical records are the primary proof of injury and treatment.

2. Call the police and get a crash report.

   A police report documents where the other driver failed to stop and can record witness statements. In Rhode Island, crashed vehicles generally should be reported to law enforcement. Ask for the report number and how to obtain a copy.

3. Collect evidence at the scene.
   • Photos: vehicle damage, vehicle positions, skid marks, stop sign location, traffic signals, road conditions, visible injuries.
   • Witness names and contact information.
   • The other driver’s name, license plate, insurance company and policy number.
   • Your own notes about the crash while details are fresh.
4. Preserve records.

   Keep medical bills, medical records, pay stubs (for lost income), receipts for out‑of‑pocket expenses (taxi, prescription), repair estimates, photos, and the police report.

5. Notify your insurance company.

   Report the crash to your carrier as soon as possible, even if the other driver was at fault. Provide accurate facts; do not admit fault. Ask about rental car coverage if your vehicle is in the shop.

6. Communicate carefully with the other driver’s insurer.

   Insurers gather statements and may try to settle quickly. You can give basic facts, but avoid signing broad releases or giving recorded statements without first consulting an attorney—especially if you have significant injuries or unclear liability.

7. Decide whether to settle or file suit.

   If liability is clear (e.g., strong evidence the other driver ran the stop sign), you may settle with the at-fault driver’s insurer. If the insurer offers an unfair amount, you can file a civil personal injury lawsuit seeking compensation for medical bills, lost wages, pain and suffering, and other losses.

8. Watch the deadline to file a lawsuit.

   Rhode Island sets time limits (statute of limitations) for filing personal injury actions. If you miss the deadline, you likely lose the right to sue. It’s important to check the applicable deadline early and, if you plan to sue, file a timely complaint. For example, Rhode Island law addresses limitations for civil actions; you should confirm the current limit that applies to your case and act accordingly: R.I. Gen. Laws § 9-1-14 (statute of limitations for certain actions).

How fault affects your claim

In most motor vehicle crashes where one driver runs a stop sign, that driver’s negligence creates liability for resulting injuries and property damage. However, insurers and courts will look at the whole picture. Rhode Island recognizes concepts of comparative fault—if you share fault, your recoverable damages may be reduced proportionally. If fault is disputed, strong evidence (photos, video, witness statements, police report) is crucial.

Types of compensation you can pursue

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Property damage (vehicle repair or fair market value)
• Pain and suffering and emotional distress
• Loss of enjoyment of life
• Costs related to care (e.g., home help, therapy)

When to consider hiring an attorney

Consider talking with a personal injury attorney if any of the following apply:

• You have moderate to serious injuries or ongoing medical treatment.
• The other driver or insurer denies or disputes fault.
• You face large medical bills or lost wages.
• The insurance company offers a quick low settlement that doesn’t cover future needs.
• Multiple parties or complex coverage issues exist (e.g., uninsured/underinsured motorist issues).

What to expect from an attorney consultation

An attorney will review facts, medical records, vehicle damage, the police report, and communications with insurers. They can estimate your case value, explain Rhode Island procedural deadlines, negotiate with insurers, and, if needed, file suit and represent you in court.

Practical timeline and options

Often cases resolve in these phases: investigation and demand; insurer negotiation; either settlement or filing suit; discovery and possible mediation; trial if no settlement. Many cases settle before trial, but a prepared attorney can pursue trial when settlement is inadequate.

Important legal reminder

This article explains general steps and issues to help you make informed decisions. It is not legal advice. For advice specific to your situation, consult a licensed Rhode Island attorney who can evaluate your facts and explain how state law applies to your case.

Helpful Hints

• Take photos immediately. Weather, light, and scene changes can erase evidence.
• Write a timeline of events while details are fresh.
• Keep a dedicated folder (paper or electronic) for all crash-related records.
• Don’t accept the first settlement offer without checking future medical needs.
• Get copies of all medical records and bills—insurers often request them.
• If the other driver is uninsured or underinsured, ask your insurer about UM/UIM coverage.
• Be cautious with recorded statements; you can politely decline and suggest talking through an attorney.
• Check the statute of limitations early—delay can waive your right to sue. See: R.I. Gen. Laws § 9-1-14.
• Consult an attorney for complicated liability (e.g., intersection design issues, multiple cars, commercial drivers).