Daley Orton helps injured Rhode Islanders understand their rights after serious accidents. A car crash can leave you dealing with medical bills, missed work, insurance calls, and uncertainty about what to do next. This guide explains the basic steps to take after an auto accident in Rhode Island, how liability may be determined, and why acting quickly can help protect your claim.
After a car accident the order of operations is cleanly laid out by the Rhode Island State Police.
- Stop your car – Never leave the scene of an accident where your car was involved. Failing to stop can be considered a “Hit and Run” which could be subject to criminal prosecution even if the accident was not your fault.
- Get aid for the injured – If anyone is hurt call 911 and ask for an ambulance. Do not attempt first aid unless you are qualified to do so.
- Call the police – Even if there were no injuries make a report of the incident
- Remain in your vehicle – Turn on your hazard lights and stay in the vehicle until emergency personnel have arrived and follow their instructions.
You can receive your accident reports or Statewide Uniform Crash Reports for Motor Vehicle Accidents online or by mail. The trooper handling your accident will give you an accident report number before you leave the scene of the crash and they should be available within 72 hours after the report was taken. The Rhode Island State Police suggest using buycrash.com to retrieve your report. Although working with a qualified personal injury attorney will usually handle this and help to acquire and keep track of important documentation.
Who is Liable
Negligence, carelessness, or reckless behavior that contributes to the accident help to determine liability. These behaviors are well known. Often Speeding, distracted driving while using a cell phone, running redlights or general disregard for traffic laws either contribute to or the sole reason for an accident. These situations are at times self-evident. Other situations can be more ambiguous. Merging onto a freeway while the other car changes lanes resulting in a collision, multi car rearend collisions or “pile ups”, or hazardous road conditions. In all these cases talking with a professional personal injury attorney will help you to navigate the insurance process and make sure you are informed about your options.
Claims Process
For the claims process it is important that you understand the incentives different parties have. The insurance company is incentivized to shift blame and minimize damages and injuries to maximize their profits. Their first offers will often be what is best for their bottom line not what accurately reflects the damages involved with the accident.
Your best strategy is often to ask for their requests in writing and provide only information that was recorded as a matter public record or pertains to identifying your policy.
If you are unsure or feel like they are asking pressing questions you have every right to ask for their questions in writing and forwarding them to your attorney to make sure you are protecting your rights and have a firm understanding before communicating with the insurance company.
Statute of Limitations
In Rhode Island, the statute of limitations for most auto accident injury claims is three years from the date the cause of action accrues. In practical terms, this usually means an injured person has three years from the date of the car accident to file a personal injury lawsuit. If a lawsuit is not filed within the required time, the injured person may lose the right to recover compensation, regardless of how serious the injuries are or how clear liability may seem.
This deadline is one reason it is important to begin gathering evidence as soon as possible after an accident. Police reports, medical records, witness information, photos, repair estimates, and insurance communications can all become important parts of a claim. Waiting too long can make it harder to prove what happened, who was responsible, and how the accident affected your health, income, and daily life.
If an auto accident results in death, Rhode Island has a separate wrongful death statute. In most cases, a wrongful death action must be filed within three years after the person’s death. These claims are brought by the executor or administrator of the deceased person’s estate, not simply by any family member individually.
Because different facts can affect the deadline in a specific case, anyone injured in a Rhode Island auto accident should speak with a qualified personal injury attorney as soon as possible.
Daley Orton can help determine which deadlines apply, preserve the necessary documentation, and guide you through the claims process before important rights are lost.
