Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Rhode Island, you can pursue compensation for vehicle damage separately from bodily injury. Handling each claim on its own helps you optimize recovery. Below are the core steps under Rhode Island law.
- Gather Evidence at the Scene
Take photos of vehicle damage, road conditions, skid marks, and surrounding signs. Exchange contact, insurance, and vehicle information with the other driver. Note witness names and contact details. - Obtain a Police Report
Request a copy of the accident report from the responding agency. A police report provides an independent account of fault and property damage. - Notify Insurers Promptly
Rhode Island law requires prompt notice. Notify both your insurer and the at-fault driver’s insurer in writing. Keep copies of all correspondence. Early notice preserves your right to coverage. - Review Your Insurance Policies
Check your own collision, comprehensive, and uninsured motorist property damage (UMPD) coverage. If the at-fault driver is uninsured or underinsured, your UMPD may apply. Confirm coverage limits, deductibles, and any notice requirements in your declarations page. - File Separate Claims
- Property Damage Claim: Submit an estimate, repair invoices, and photos to the insurer handling vehicle damage. This can be a first-party claim (your insurer) or third-party claim (at-fault insurer).
- Bodily Injury Claim: Pursue a distinct demand for medical bills, pain and suffering, and lost wages. Keep medical records and doctor’s statements separate from property damage documents.
- Negotiate or Mediate Settlements
Work directly with claims adjusters for each claim. Use separate demand letters that outline your specific losses. If negotiations stall, consider mediation to avoid extended litigation. - File Suit Before the Statute of Limitations Expires
Rhode Island law gives you three years from the accident date to file a lawsuit for property damage or bodily injury. See R.I. Gen. Laws § 9-1-13. If you miss this deadline, you lose your right to sue. (R.I. Gen. Laws § 9-1-13)
Helpful Hints
- Keep a dedicated folder for property damage documents and another for bodily injury records.
- Obtain at least two independent repair estimates before submitting a claim.
- Request a written explanation if an insurer denies any part of your property damage claim.
- Track all out-of-pocket expenses, such as rental car fees and towing charges.
- Follow up in writing if you speak with claims adjusters by phone; confirm key points via email.
- Consult a Rhode Island attorney if settlement offers fall well below your documented losses.