How To Prove Fault In A Rhode Island Car Accident
A Rhode Island car accident can happen in a split second, but if you suffer an injury, you can feel the consequences for the rest of your life. Proving fault in a car accident is paramount to protecting yourself from mounting medical bills
If you live in a fault state, like Rhode Island, the car accident victim should file a claim with the at-fault driver’s insurance company. But first, the insurance company will need to determine where the fault lies in the first place. Remember that an insurance company’s main goal is to minimize their losses, so they may try to paint a version of events that suits their bottom line. But in some cases, it’s possible to dispute an initial assessment of fault with additional evidence.
Below, learn how fault is determined in a car accident, and how a Rhode Island car accident lawyer can help strengthen your case.
What is an at-fault car accident?
If a person is “at fault” for a car accident, it essentially means that they are responsible for any economic damages the accident causes, such as medical bills or vehicle repairs. Winter driving accidents seem to be a hotbed for injuries and other problems on the road.
In at-fault states, such as Rhode Island, all drivers are required to carry liability insurance that should cover these economic damages. Both drivers then file claims with the at-fault driver’s insurance company.
If the at-fault driver doesn’t have insurance or their policy doesn’t cover the full extent of damages, you can file a claim with your own insurance company – provided that you carry uninsured or underinsured motorist coverage.
What is a no-fault state?
Some states operate under a “no-fault” system, where both drivers file claims with their own insurance companies, regardless of who was technically “at fault” in the accident.
The following 12 states currently operate under no-fault policies.
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota,
- New Jersey
- New York,
- North Dakota
- Pennsylvania
How is fault determined in a car accident?
To prove that a driver was at fault in a car accident, you’ll generally need to provide evidence that they were negligent in some way. For example, if they were texting while driving and didn’t notice a stop sign.
Beyond distracted driving, other examples of driver negligence can include:
- Speeding
- Tailgating
- Failing to stop at stop signs or red lights
- Failing to use turn signals
- Neglecting vehicle maintenance, like having broken brake lights
Can fault be shared in a Rhode Island car accident?
Yes. Rhode Island operates under a system called “pure comparative negligence,” where multiple participants can share fault. For example, an insurance company may determine that the other driver was 60% to blame for the accident while you were 40% at fault. So, the other driver’s insurance company would pay for 60% of your overall damages. You could also be involved in a Rhode Island lemon law case.
What happens if you’re found at fault for a Rhode Island car accident?
In general, the at-fault driver will pay a higher rate for their insurance coverage, since they are considered “higher risk” with a recent accident on their record. According to one 2024 study, the average driver pays an additional $872 per year after causing an accident.
If your insurance doesn’t cover the full extent of the damages, you could also be held liable by the not-at-fault driver in a Rhode Island personal injury claim.
What do you need to prove fault in a Rhode Island car accident?
Emotions can run high after a car accident. It may not always be immediately clear what happened or where the blame lies – especially if both drivers have different versions of events. So, how do insurance companies determine fault?
Some of the following factors may play a role in their initial assessment.
- The police report. If the police respond to the accident site, they’ll typically make a crash report for their records, which may include opinions about the accident’s cause. Check out our guide on how to get an accident report online for more information.
- Driver admissions. If a driver makes a statement at the scene admitting fault, an insurance company may use this as evidence. Even statements as simple as “I’m sorry” or “I didn’t see the stop sign” could be construed as admitting fault. That’s why it’s always a good idea to keep your statements to a minimum until you’ve contacted a Rhode Island personal injury lawyer.
- Photos or videos. Photos of the vehicles and the accident scene could paint a clearer picture of events. Claims adjusters will be able to see the location and extent of the damage, and they can use this information to determine whose story makes the most sense. If you’re able to, try to take as many photos as you can while you’re still at the scene. If you have dash camera footage of the crash, this could make a fault determination even clearer.
- Eyewitness testimony. Statements from witnesses who saw the crash could also prove invaluable. Ask around to see if any witnesses are willing to make statements for the record, and make a note of their names and contact details.
Can I dispute an insurance company’s fault decision?
Yes. If you don’t agree with the insurance company’s assessment of fault, you can always try disputing the claim.
To do this, you’ll generally need to contact the insurance company and explain why you disagree with the claim. Providing additional evidence, such as the factors listed above, could help you get a more favorable outcome with a claims adjustor.
But remember: it’s important to tread lightly if you’ve never dealt with an insurance company before. Any unfavorable statements you make on the record will later be used against you. This is where working with a car accident lawyer could come in handy.
How can a Rhode Island personal injury lawyer help my car accident claim?
If you need help proving fault in a car accident or disputing a claim with an insurance company, Petrarca Law is at your side.
We can help dispute claims or negotiate with insurance companies on your behalf, helping you build the strongest case possible. We can also assist with tracking down any additional evidence needed to strengthen your claim, allowing you to focus on healing your body and mind.
Contact us today for a free consultation.