What steps do I need to take after a car accident in Rhode Island?

With rare exceptions, you are required to report the accident to the police. Taking photos of the scene or your injuries is not legally required but can help by creating documentation. Most car insurance policies require you to report any accident within a certain amount of time, usually within 24 or 48 hours. You may also be legally required to file a report with the DMV following an accident, and failure to do so can result in a loss of your license.

Is Rhode Island a no-fault or at-fault state for car accidents?

Rhode Island operates under a tort system of liability, also known as at-fault. If the other driver was at fault, you, your insurance company, or your attorney may end up working with the other driver’s insurance. Rhode Island also has a pure comparative negligence statute, meaning your liability percentage can affect the payout.

Do I Have to Contact Another Driver's Insurance Company?

Q: Do I have to contact the other driver’s insurance company?

No. You are not legally required to contact the other person’s insurance company, though some degree of communication may be necessary for your case. Speaking with a Rhode Island car accident lawyer may clarify what is necessary.

Q: Should I have contact with the other driver’s insurance company after a Rhode Island car accident?

The other driver’s insurance company may contact you after the accident and offer a settlement amount that seems low, and often it is. While some situations may lead you to work with the other person’s insurance company for urgent needs (such as securing a rental car if they readily accept fault), you are not required to contact the other driver’s insurance company, and Gemma Law may even advise against it to minimize your liability. The insurance company can use what you say to reduce the amount they pay. You may need to notify your own insurance company to comply with your policy, and your insurer may help navigate interactions with the other party on your behalf.

Q: When do you need a lawyer to communicate with the other driver’s insurance company?

You need the support of an attorney if your injuries are significant, the insurance company unlawfully denies your claim, or you have lost a loved one.

A man and a woman arguing after a car accident, with the woman contacting the other driver’s insurance company.

Do I have to contact the other driver’s insurance company? While you are not legally required to contact the other person’s insurance company, some degree of communication may be necessary for your case.

Speaking with a Rhode Island car accident lawyer may clarify what is necessary and provide peace of mind.

Steps to Take After an Accident

Experiencing a car accident can be a traumatic experience. Whether this happened in one of Rhode Island’s worst intersections or along route 1A to Ocean Road, you may walk away a little disoriented and unsure of your next steps. In many cases, you are only required to do a couple of things after an accident:

With rare exceptions, you are required to report the accident to the police. This can provide valuable documentation of your accident that you may benefit from later in your personal injury case.
While you are not legally required to take photos of the scene or your injuries, this can benefit your case by creating further documentation of the incident.
Most car insurance policies require you to report any accident within a certain amount of time, usually within 24 or 48 hours. Even if the accident was not your fault, your insurance company may help facilitate the first interactions of your case before you retain an attorney.

The laws governing how and to whom you report a car accident can vary from state to state, which can cause some confusion. While answering some common questions about car accident cases, we often discuss contacting the DMV. Many people are surprised to hear that they are legally required to file a report with the DMV following an accident, and failure to do so can result in a loss of their license.

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Should I Have Contact with the Other Driver’s Insurance Company After a Rhode Island Car Accident?

The other driver’s insurance company may call you after the accident, asking you how you’re doing, and offer a settlement amount that seems low—and often, it is. This process is a negotiation, which means the insurance company is almost always prepared to pay more than the first offer. Consulting an attorney may give you confidence in how to respond to the first personal injury settlement offer in Rhode Island.

Some situations may lead you to work with the other person’s insurance company for urgent needs, such as securing a rental car if they readily accept fault. However, you are not required to contact the other driver’s insurance company, and many members of Gemma Law may even advise you against it to minimize your liability. The insurance company is invested in protecting their assets, and they will use anything you say against you to reduce the amount they pay.

Following an accident, you may need to notify your insurance company of the accident to comply with your policy contract. Even if the other party is at fault, your insurance provider may help you navigate the case with the other party on your behalf. This can help you meet your needs while avoiding direct contact.

When You Need a Lawyer to Communicate With the Other Drivers Insurance Company

You may be unsure of when you should bring in an attorney. Though it never hurts to contact a firm to discuss your situation, you need the support of an attorney if your injuries are significant, the insurance company unlawfully denies your claim, or you have lost a loved one. Recovering from injury and coping with grief after a car accident takes its toll, and you deserve to have someone fight for the compensation you deserve.

Insurance Liability in a Rhode Island Car Accident

Two big determining factors in whether a person’s car insurance will be most active are whether the state is a no-fault or at-fault state and who is responsible for the accident. According to Progressive, a no-fault state pays out insurance claims to its own drivers regardless of fault, while an at-fault state holds the responsible party liable for both parties’ damages.

Rhode Island operates under a tort system of liability. According to a car insurance writer on WalletHub Rhode Island, like most states in the U.S., this is also known as at-fault, which is why you, your insurance company, or your attorney may end up in a position to work with the other drivers’ insurance if they were at fault.

Determining fault can be difficult in some cases if both parties violate traffic laws or the evidence is scarce. Rhode Island General Laws statute 9-20-4 supplies the pure comparative negligence statute stating that your liability percentage will affect the payout. This can make insurance companies incredibly motivated to find any way you may have contributed to your own injuries.

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Don’t Risk Your Case by Contacting the Other Drivers Insurance Company Without Guidance

The other driver’s car insurance representative may be polite, kind, and caring on the phone. While these traits may be true of the individual, their job is to work against you.

Don’t risk your case by speaking with the other driver’s insurance company when you don’t have to or without representation and guidance from a Gemma Law car accident attorney. We will work hard to protect your rights and secure your future.

If a car accident has injured you, know that you do not have to contact the other driver’s insurance company. Engagement and negotiations are required to recover a settlement, but you can choose facilitators and how you approach the situation. Do not delay getting the support you need, and call us today for a free case consultation.