What Happens If the Person at Fault in an Accident Has No Insurance in Rhode Island?

Rhode Island follows a traditional fault-based auto insurance system, as established under the Rhode Island General Laws Title 31, Chapter 47 (Motor Vehicle Reparations Act). In this framework, the driver determined to be at fault for an accident is legally responsible for covering all resulting damages, including medical expenses, property damage, and lost wages.

If the at-fault driver is uninsured, they remain personally liable for the injured party's losses. However, obtaining compensation through a civil lawsuit can be difficult if the uninsured individual lacks sufficient financial assets. In such situations, victims may turn to their own Uninsured Motorist (UM) coverage, if included in their auto insurance policy, to help recover damages.

Driving without the required insurance is considered one of the more serious Rhode Island traffic violations and infractions, and it carries penalties such as fines, license and registration suspension, reinstatement fees, and increased exposure to civil liability in the event of a crash.

Is It Illegal To Drive Without Insurance In Rhode Island?

Yes. Driving without insurance is prohibited in Rhode Island. Under Rhode Island General Laws § 31-47-9, all drivers must maintain proof of financial responsibility, typically through liability insurance. Failure to comply results in the following penalties:

• First Offense: License and registration suspension for up to three months and a $100 to $500 fine.
• Second Offense: Six-month suspension and a $500 fine.
• Third and Subsequent Offenses: Up to one-year suspension and a $1,000 fine.

Additional consequences may include vehicle impoundment and a reinstatement fee of $30 to $50. If an uninsured party causes an accident, they may be held civilly liable for all resulting damages, which can be substantial. While jail time is not typically imposed for driving without insurance alone, related offenses like DUI or hit-and-run may lead to incarceration.

What Is the Minimum Insurance Requirement in Rhode Island?

Rhode Island legally mandates drivers to carry minimum liability insurance to cover damages they cause, as stated in Rhode Island General Laws § 31-32-2. The required amounts are:

• Bodily Injury (per person): $25,000
• Bodily Injury (per accident): $50,000
• Property Damage: $25,000
• Combined Single Limit (alternative): $75,000

Uninsured/Underinsured Motorist (UM/UIM) coverage is required unless the insured opts for a lower limit or waives it by signing an advisory notice, as per Rhode Island General Laws § 27-7-2.1. If a driver purchases liability coverage above the minimum, UM/UIM must be at least $25,000/$50,000. Medical Payments (MedPay) coverage, which covers medical expenses regardless of fault, is optional and not mandated by state law.

What To Do After A Car Accident With an Uninsured Driver in Rhode Island

If an individual is involved in an accident with an uninsured driver, they can take these steps to protect their interests:

1. Report the Accident: Contact the police immediately, especially if the accident includes injuries, death, or property damage rendering a vehicle inoperable (Rhode Island General Laws § 31-26-3.2). A police report documents the incident and the other driver's insurance status.
2. Exchange Information: Collect the driver's name, contact details, and vehicle information, noting if they are uninsured.
3. File a DMV Report: If the accident results in injury, death, or damage to property over $1,000, submit a Rhode Island State Accident Form to the state's Division of Motor Vehicles (DMV) within 21 days (Rhode Island General Laws § 31-26-6).
4. File an Insurance Claim: Should the victim carry uninsured motorist (UM) coverage, they can contact their insurance provider to initiate a claim for bodily injury or property damage.
5. Consult an Attorney: Explore the option of suing the at-fault driver, though their financial situation may limit recovery.

These steps help ensure one complies with legal requirements and maximizes their chances of compensation.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

If an individual is uninsured but not at fault, they can still pursue a claim against the at-fault side for damages, such as medical fees and property damage. Unlike some states, Rhode Island does not explicitly limit non-economic damages (e.g., pain and suffering) for uninsured drivers who are not at fault. However, they may face penalties for driving without insurance, including fines and license suspension, as outlined in Rhode Island General Laws § 31-47-9. These penalties do not preclude their right to seek compensation from the at-fault party.

Can I Sue an Uninsured Driver in Rhode Island?

Yes, affected individuals can sue an uninsured at-fault driver for damages in Rhode Island. The lawsuit is filed in the appropriate court, based on the amount claimed:

• District Court: For claims up to $10,000 (Rhode Island General Laws § 8-8-3).
• Superior Court: For claims exceeding $10,000 or involving complex issues like personal injury.

Personal injury cases, including car accidents, are not eligible for small claims court, which is limited to claims of $5,000 or less for contracts or services (Rhode Island General Laws § 10-16-1).

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Rhode Island?

Yes. If an at-fault driver is uninsured, the victim's insurance may cover them through:

• Uninsured Motorist Coverage: Covers bodily injury and, in some cases, damage to property caused by an uninsured driver, up to the policy limits (Rhode Island General Laws § 27-7-2.1).
• Collision Coverage: Covers vehicle damage regardless of fault, subject to the individual's deductible.
• Medical Payments (MedPay): Covers medical costs for the insured individual and their passengers, if included in the policy.

What Is Uninsured Motorist Coverage in Rhode Island?

Uninsured motorist coverage protects an individual if they are injured or their property is damaged by an uninsured driver or in a hit-and-run. Under Rhode Island General Laws § 27-7-2.1, insurers must offer UM coverage equivalent to the bodily injury liability limits, though individuals can select a lower limit or waive it entirely if purchasing only the minimum liability coverage. UM coverage typically mirrors an individual's liability limits (e.g., $25,000/$50,000) and applies to:

• Bodily injury
• Property damage (if included in the policy)
• Hit-and-run incidents

This coverage is essential for financial protection in Rhode Island's fault-based system.

What If I Don't Have Uninsured Motorist Coverage in Rhode Island?

Without UM coverage, the options for compensation are limited to the following:

• Sue the At-Fault Driver: File a civil lawsuit, but recovery depends on the driver's ability to pay.
• Use Other Insurance: Collision coverage (for vehicle damage) or health insurance (for medical expenses) may apply.
• Crime Victim Compensation Program: If the accident involves a violent crime (e.g., hit-and-run or DUI), victims may apply for up to $25,000 in reimbursement for expenses like medical bills or lost wages. A police report must be filed within 15 days, and a claim submitted within three years.

How Do I Get Compensation from an Uninsured Driver in Rhode Island?

To seek compensation from an uninsured driver, victims may follow the civil litigation process:

1. File a Complaint: Make a complaint to the District or Superior Court, detailing the accident and damages sought.
2. Serve the Defendant: Deliver the complaint and summons per the Rhode Island Rules of Civil Procedure.
3. Discovery Phase: Exchange evidence and information with the defendant.
4. Trial: If no settlement is reached, present the case to a judge or jury.
5. Enforce Judgment: If successful, use methods like wage garnishment or property liens for collection.

Victims are encouraged to contact an attorney to navigate the compensation process efficiently.

How Much Can You Recover From an Uninsured At-Fault Driver in Rhode Island?

Legally, victims can recover the full extent of their damages, including economic (e.g., medical bills, lost wages) and non-economic (e.g., pain and suffering) losses. Rhode Island imposes no statutory caps on damages in personal injury cases, except for claims against the government, which are capped at $100,000 (Rhode Island General Laws § 9-31-2). Practically, recovery is limited by the defendant's financial resources. If the driver lacks assets, collecting a judgment may be difficult, though interest accrues on unpaid judgments at 12% per annum (Rhode Island General Laws § 9-21-10).

How To Find Out If the At-Fault Driver Has Insurance in Rhode Island

To determine if an at-fault driver in Rhode Island has insurance:

• Review the Police Report: Officers typically note insurance details in accident reports, accessible via local police.
• Contact the DMV: Submit a request to verify insurance status, though privacy restrictions may apply.
• Litigation Discovery: If suing, use discovery tools to obtain the driver's insurance information.

Are Accidents Public Record in Rhode Island?

Yes, accident-related police reports are public in Rhode Island, subject to the Access to Public Records Act (Rhode Island General Laws § 38-2-3). Police reports can be obtained from the relevant law enforcement agency. Accident-related court records, while not subject to the APRA, are accessible to the public through the Rhode Island Judiciary Public Portal and the clerk's office of the court where the case was filed, though some information may be redacted or withheld for privacy.

Can You Go to Jail for Causing an Accident Without Insurance in Rhode Island?

No. Driving without insurance and causing an accident typically results in fines and license suspension under Rhode Island General Laws § 31-47-9, not jail time. However, additional offenses, such as DUI or leaving a crash scene, may lead to criminal charges and potential incarceration.

Can You Settle With an Uninsured Driver Out of Court in Rhode Island?

Yes, one can settle out of court with an uninsured driver. Such agreements are legally binding if entered into in writing and are enforceable under Rhode Island General Laws § 9-1-1. Parties should ensure the agreement is clear and consult an attorney to protect their rights.

Can I Get Compensation If I Was Partially at Fault?

Yes. Rhode Island applies a pure comparative negligence principle (Rhode Island General Laws § 9-20-4), allowing individuals to recover damages even when partially at fault. The percentage of fault reduces the total compensation.