When you’re hit by an uninsured or underinsured driver in Newport, you need to understand your rights and options. Uninsured and underinsured motorist coverage can help protect you when the at-fault driver does not have enough insurance to cover your losses. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. helps Newport residents pursue compensation for injuries caused by uninsured and underinsured motorists.
Why Choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for Your Uninsured Motorist Claim
At Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we understand the frustration and financial strain that can follow a crash with an uninsured or underinsured driver. Our team has handled UM/UIM claims throughout Newport and Rhode Island, and we are familiar with how insurance companies typically evaluate these cases. We work directly with your insurer to seek every dollar you may be entitled to under your policy.
Our approach centers on three main tasks: investigating the accident, identifying all potentially available insurance coverage, and negotiating firmly with insurance adjusters. We do not recommend accepting settlement offers that do not reflect the documented value of your claim. When insurance companies refuse to pay what appears to be fair based on the evidence, we are prepared to take appropriate legal action, which may include filing a lawsuit.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is protection you purchase as part of your auto insurance policy. It may cover your medical expenses and other damages when you’re injured in an accident caused by a driver who has no liability insurance.
If an uninsured driver hits your vehicle and causes injury, you generally file a claim with your own insurance company rather than the at-fault driver’s insurer. Your UM coverage can then pay for your damages up to your policy limits.
UM coverage usually includes:
- Bodily injury coverage, which may pay for medical treatment, rehabilitation, lost wages, and pain and suffering.
- Property damage coverage, which may pay to repair or replace your vehicle.
For example, you are driving on Route 1 in Newport when another vehicle runs a red light and T-bones your car. The other driver has no insurance. Your medical bills total $35,000, and your vehicle needs $15,000 in repairs. If your UM limits are $50,000 per person, your insurer may pay for your medical expenses and vehicle damage up to that limit, subject to your policy language.
Understanding Underinsured Motorist Coverage
Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but not enough to cover all your damages. This coverage can bridge the gap between what the other driver’s policy pays and the full value of your losses.
UIM typically applies when the at-fault driver’s liability limits are lower than your damages. For instance, if another driver causes $100,000 in damages but carries only $25,000 in liability coverage, their insurer pays $25,000. Your UIM coverage can then pay additional compensation up to your policy limits, subject to any applicable deductible and policy terms.
The distinction between UM and UIM is straightforward: UM applies to accidents with uninsured drivers, while UIM applies to accidents with underinsured drivers. Both forms of coverage can be important because many drivers carry minimum liability limits that may not fully address serious injuries.
Imagine you are injured in a collision on America’s Cup Avenue. The other driver carries the state minimum liability coverage of $25,000. Your medical bills, lost wages, and pain and suffering total $80,000. With UIM limits of $100,000, your own policy may pay the difference between what their insurance covers and your documented damages, consistent with your policy provisions.
How Uninsured & Underinsured Motorist Claims Work
Filing a UM or UIM claim involves several steps. Understanding the process helps you protect your rights and avoid common mistakes.
Prompt notification
After the accident, report the incident to your insurance company as soon as possible. Many policies require notice within a specific timeframe—often 30 to 60 days. Delays may give the insurer a basis to question or deny coverage.
Gathering evidence
Collect police reports, medical records, repair estimates, photos of the vehicles and scene, and witness statements. Keep receipts for medical treatment, transportation, and other out-of-pocket expenses. Thorough documentation helps support the value of your claim.
Claims investigation
Your insurer reviews the accident facts, examines medical records, and evaluates your damages. They may ask for additional records or schedule an independent medical examination. This stage can take several weeks or months, depending on the complexity of your injuries and the availability of information.
Negotiation
Once the investigation is complete, the insurance company typically makes a settlement offer. Many claims resolve at this stage. If the offer does not appear to reflect your documented losses, you can work with your attorney to continue negotiations or consider further legal options.
Litigation
If settlement talks stall, you may have the option to file a lawsuit against your own insurer under the UM/UIM portion of your policy. Litigation may involve discovery, motions, and eventually a trial. Legal representation is especially important if your claim reaches this stage.
Common Challenges in UM/UIM Claims
UM/UIM claims can involve specific coverage and proof issues that differ from standard liability claims.
Coverage disputes. Insurers may contend that the accident does not fall under UM/UIM coverage, that the other driver had valid insurance, or that you did not comply with policy notice or cooperation provisions. These disputes often turn on policy language and factual details.
Hit-and-run crashes. When a driver leaves the scene, you must show that the collision occurred and that an unidentified vehicle was involved. Evidence such as witness accounts, traffic or security footage (if available), and prompt police reporting can be crucial.
Stacking questions. If you insure multiple vehicles, you may be able, in some situations, to “stack” UM/UIM limits from more than one policy. Rhode Island law permits stacking under certain conditions, but the outcome depends on how your policies are written and how the accident occurred.
Offsets and other coverage. Payments from health insurance, MedPay, workers’ compensation, or other sources can affect the final amount you receive from UM/UIM coverage. Policy offset provisions and reimbursement rights must be reviewed carefully.
Valuation disagreements. Insurers may undervalue pain and suffering, future medical needs, or loss of earning capacity. Detailed medical support and, in some cases, expert opinions can help document these losses.
Recovering Compensation for Your Injuries
UM/UIM coverage can provide compensation for many of the same categories of damages as a typical car accident claim.
Medical expenses. You may recover costs for emergency care, hospital stays, surgery, physical therapy, prescription medications, and follow-up care. Future medical needs can also be considered if your injuries require ongoing treatment.
Lost wages and earning capacity. If your injuries keep you from working, you may claim lost income. If you cannot return to your prior job or your earning potential is reduced, you may also seek compensation for loss of earning capacity.
Pain and suffering. This includes physical pain, emotional distress, and loss of enjoyment of life. Insurers often use internal multipliers based on medical expenses to evaluate this category, but those numbers are negotiable and should be assessed in light of your specific circumstances.
Property damage. You may pursue the cost to repair or replace your vehicle and, in some cases, the cost of a rental vehicle while yours is being repaired.
Other out-of-pocket losses. Depending on your situation, you may recover expenses for childcare, household services you cannot perform, and transportation to medical appointments.
The ultimate value of a UM/UIM claim depends on the severity of your injuries, the length and nature of treatment, the impact on your work and daily life, and the available insurance limits. Clear documentation and careful analysis of your future needs are critical to presenting an accurate claim.
Frequently Asked Questions About Uninsured Motorist Claims
What should I do immediately after being hit by an uninsured driver?
Secure the scene and call 911 if anyone is injured. Move vehicles out of traffic when it is safe. Contact the police and request a report. Exchange information with the other driver without admitting fault. Photograph the vehicles, scene, and road conditions, and collect witness information. Seek medical care even if you feel fine, then notify your insurer promptly.
How long do I have to file an uninsured motorist claim?
Rhode Island law generally allows three years from the accident date to file many personal injury lawsuits. Your insurance policy may impose shorter deadlines for notifying the insurer and providing documentation. Reporting the claim and seeking legal advice early can help protect your rights.
Can I stack uninsured motorist coverage across multiple policies?
Rhode Island permits stacking UM/UIM coverage in certain circumstances. If you have multiple vehicles or policies, you may be able to combine limits, depending on policy language and how the coverage applies. An attorney can review your policies and explain whether stacking may be available.
What if I am partially at fault for the crash?
Under Rhode Island’s comparative negligence rules, you may still recover damages as long as your share of fault does not exceed that of the other parties combined. Your recovery is reduced by your percentage of fault.
Do I need an attorney for a UM/UIM claim?
You are not required to have an attorney, but UM/UIM claims often involve coverage disputes, stacking questions, and valuation issues. Legal representation can help you interpret policy provisions, gather supporting evidence, and negotiate with the insurance company or pursue litigation when needed.
Contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for Your Free Consultation
If you’ve been injured by an uninsured or underinsured driver in Newport, you do not have to manage the claims process alone. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. offers free consultations to review your situation and explain your options. We handle communications with insurance companies so you can focus on your recovery.
Call 401.751.8855 today to schedule your free consultation or contact us online. There is no obligation, and you will not pay any upfront attorney’s fees. We work on a contingency basis, meaning you only pay attorney’s fees if we obtain compensation for you. Because Rhode Island law limits the time you have to pursue your claim, contacting us promptly can help protect your rights.