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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed Rhode Island attorney to discuss your specific case.

Detailed Answer

Under Rhode Island law, you may pursue compensation for vehicle damage (property damage) separately from a bodily injury claim. While many accident claims combine both, separating them can streamline recovery for car repairs or replacement. Below are the key steps and legal considerations.

1. Review Your Insurance Policy
   Most auto policies split coverage into physical damage (collision or comprehensive) and bodily injury liability. Confirm your coverage limits, deductibles, and notice requirements. If you have collision coverage, your insurer typically handles repair costs minus your deductible.
2. Notify Insurers Promptly
   Under R.I. Gen. Laws § 31-35-23, you must notify your own insurer about property damage claims “as soon as practicable.” Notify the at-fault driver’s insurer of your property damage claim separately from any bodily injury notice.
3. Obtain Repair Estimates and Documentation
   Get at least two independent repair estimates. Take time-stamped photos of all damage. Keep invoices for rental cars, towing, storage, and parts. Organize this evidence chronologically to support the property damage claim.
4. Demand Letter for Property Damage
   Send a written demand letter to the at-fault party (or their insurer) outlining the damage, attaching estimates, receipts, and photos. State a deadline—typically 30 days—for payment of the repair or fair market value of your vehicle.
5. File a Lawsuit if Necessary
   If the insurer refuses or delays payment, you can sue for property damage alone. Choose the appropriate court based on the amount in controversy:
   • Small Claims (District Court): Up to $2,500 in most jurisdictions;
     Up to $5,000 in Providence, East Providence, and Woonsocket.
   • Civil (District or Superior Court): Amounts above small-claims limits.
6. Observe Statute of Limitations
   Rhode Island imposes a three-year deadline to file an action for property damage. See R.I. Gen. Laws § 9-1-14(b). For bodily injury, the same three-year limit applies under § 9-1-14(a).
7. Sever the Claims if Already Filed Together
   If you initially filed one lawsuit combining bodily injury and property damage, you can ask the court to sever the property damage portion into a separate action. Under the Rhode Island Superior Court Rules of Civil Procedure, Rule 42(b) permits separate trials, and Rule 21 allows severance upon a party’s motion for misjoinder or for cause.
8. Attend Court and Present Your Case
   At trial, focus solely on property damage: present your estimates, repair invoices, depreciation analysis, and expert testimony if needed. Avoid introducing bodily injury evidence to keep the proceedings concise and focused.
9. Enforce the Judgment
   If you obtain a judgment for property damage, enforce it through wage garnishment, bank levy, or lien on the defendant’s property per Rhode Island post-judgment collection procedures.

Helpful Hints

• Keep a dedicated file (digital or paper) for all property damage documents.
• Get a written waiver if you agree to a repair shop’s cost estimate adjustments.
• Consider mediation or arbitration clauses in your insurance policy before filing suit.
• Verify small-claims thresholds in your jurisdiction to avoid paying excess court fees.
• Act early—delayed repair can reduce resale value and weaken your claim.