How Much Can I Get from an Underinsured Motorist Claim?

Rhode Island requires every motorist to carry a minimum liability policy that covers another driver’s losses in the event of an accident. When a person causes a car accident with another person, damaging that person’s vehicle and potentially causing physical harm, this liability coverage steps in to cover the costs of that individual’s losses.

When the at-fault person does not have enough coverage to compensate the victim for their losses fully, that is when underinsured motorist claims come into play.

If you need help filing an underinsured motorist claim after an accident, our Rhode Island car accident lawyer can help. You should not be responsible for paying for the damages that someone else caused just because their insurance policy is limited.

At Gemma Law, we help victims of car accidents understand the options to recover compensation and know how much they can get from an underinsured motorist claim.

Understanding Underinsured Motorist (UIM) Coverage in Rhode Island

Underinsured motorist coverage is a type of auto insurance that provides financial protection in the event of an accident with a driver with insufficient liability insurance to cover the full extent of your damages or injuries.

This coverage acts as a safety net, ensuring that you are not left financially burdened if the at-fault driver’s insurance limits are inadequate. It is important to understand how much you can get from an underinsured motorist claim.

This coverage can help compensate you for medical bills, lost wages, pain and suffering, and property damage. Under the Rhode Island Code of Regulations (230-RICR-20-05-1,) uninsured and underinsured motorist insurance is an optional policy that will only come into effect if you have purchased this type of policy before you sustained injuries in your car accident.

Underinsured motorist coverage typically has its own limits, so it is advisable to buy sufficient coverage to adequately protect yourself and your passengers in the event of an accident. 

To understand how UIM coverage works, let’s say you are involved in an accident, and the other driver only had the minimum liability insurance required in Rhode Island.

The Rhode Island Department of State requires the following minimum liability insurance to cover accidents: $25,000 for the injury or death of one person, $50,000 for the injury or death of more than one person in a single incident, and $25,000 for property damages. If your medical expenses and property damage exceed those amounts, underinsured motorist coverage would step in to cover the difference.

Circumstances that Affect How Much You Can Get from an Underinsured Motorist Claim

The most obvious factor that will affect how much you can get from an underinsured motorist claim is whether or not you actually have this type of coverage included in your automotive insurance policy.

In addition to having the coverage, you will also need to be aware of the limitations of your personal UIM policy. If you only covered a $50,000 per-person UIM policy, then the most you can get out of your coverage is $50,000.

Liability also weighs into the amount you may be able to recover. Under Rhode Island’s statute §9-20-4 comparative negligence, the amount of damages will be reduced in proportion to the amount of negligence attributed to the injured person.

This means that if you are deemed 10% responsible for an accident due to a factor such as driving without your lights on at dusk, then you would be able to claim 90% compensation for the injuries that you sustained due to the drunk driver who crashed into you.

The costs you have incurred after your accident will also weigh into the total amount you can get from an underinsured motorist claim. Your car accident lawyer in Rhode Island can help you establish a comprehensive calculation that considers current and future losses. This includes medical expenses, pain and suffering, and property damage such as car repairs or replacement. 

Uninsured Motorist Claims in Rhode Island

Underinsured motorist (UIM) claims differ from uninsured motorist claims, as UIM coverage will stack on top of another coverage rather than claim the whole of it. However, Rhode Island drivers typically purchase this coverage as a package.

Investing in uninsured and underinsured motorist coverage could help you avoid significant expenses in the future if you are in an accident with drivers who have either incomplete or nonexistent coverage.

According to research from the Insurance Research Council, roughly 16.5% of motorists on Rhode Island roads are uninsured. This is higher than the national average of 12.6% and means that it is more likely to be involved in a crash with an uninsured driver in our state. If you need help with uninsured motorist claims in Rhode Island, our team of car accident lawyers can help. 

When to Take an Underinsured Motorist to Court

Sometimes, your losses are too substantial to be covered by the at-fault party’s insurance and your underinsured motorist policy. That is when you may want to consider taking your car accident case to court.

With the help of a car accident lawyer, you may be able to receive a much higher settlement amount, helping to cover the costs of your financial losses as well as compensate you for the pain and suffering you have gone through.

Taking a case to court can be complicated, so you will want to consult with an attorney to discuss your situation. They can help you determine whether you have the evidence for a strong case. An experienced lawyer can also help you evaluate the pros and cons of going through litigation instead of insurance.

While litigation can seem complicated and intimidating, it may be necessary in certain circumstances. Working with our team at Gemma Law will relieve that burden as we ensure that you receive the compensation you deserve. Call us today for a free consultation.

Contact the Team at Gemma Law for Help with Your Underinsured Motorist Claim Today

Insurance adjusters may not always prioritize your best interests and may attempt to limit the amount they pay out for your losses. Working with a lawyer from Gemma Law may help you obtain the maximum compensation from the at-fault driver’s insurance company and your underinsured motorist coverage. To better understand your unique situation, we offer a complimentary initial consultation. 

Contact us today to learn how much you can get from an underinsured motorist claim. We will review your case details, explore your legal options, and devise a strategic plan moving forward. Let us help you receive the compensation for your injuries and losses that you deserve.