Navigating Uninsured and Underinsured Motorist (UM/UIM) Claims in Rhode Island
Rhode Island requires minimal auto insurance (25/50/25). If you are hit by a driver without enough coverage or a hit-and-run driver, your own Uninsured/Underinsured Motorist (UM/UIM) policy is critical to paying your medical bills and lost wages.
Driving in Providence, Pawtucket, or Newport comes with risks, especially since not everyone follows the law. Rhode Island has relatively low minimum auto insurance requirements compared to the cost of modern medical care. If you suffer a severe injury in a crash, the at-fault driver's insurance may run out very quickly. This is where your Uninsured and Underinsured Motorist (UM/UIM) coverage steps in. If you are struggling with a difficult UM/UIM claim, browsing our directory for a local Rhode Island lawyer is an excellent next step.
The Basics of UM/UIM Coverage in Rhode Island
Under R.I. Gen. Laws § 31-47-2, drivers are only required to carry liability insurance of $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage (often referred to as 25/50/25). If your medical bills total $80,000, a minimum policy will leave you drastically under-compensated. State law, specifically R.I. Gen. Laws § 27-7-2.1, mandates that insurance companies must offer you UM/UIM coverage when you buy a policy, although you can reject it in writing. This coverage pays you directly when the at-fault driver cannot.
Handling Specific Uninsured Scenarios
UM/UIM claims are not identical. The nature of the crash and the origin of the at-fault driver can complicate how your claim is processed by the Rhode Island Department of Business Regulation, Cranston, which oversees insurance companies in the state.
Hit-and-Run "Phantom" Vehicles
If you are hit by a driver who flees the scene, or forced off the road by a "phantom vehicle" that never actually makes physical contact with your car, you can file an Uninsured Motorist (UM) claim. Rhode Island law generally allows you to recover damages in phantom vehicle cases, provided you can present independent evidence (like a witness or dashcam footage) proving that the other driver caused the crash.
Getting Hit by Out-of-State Underinsured Drivers
Rhode Island borders Massachusetts and Connecticut, meaning out-of-state drivers frequently travel through the area. Massachusetts, for example, has even lower minimum bodily injury requirements ($20,000 per person). If an underinsured driver from Massachusetts hits you in Woonsocket, their policy will likely not cover a serious hospital stay. Your UIM coverage will trigger to cover the gap between their low limits and your actual damages.
What Are Step-Down Provisions?
When reviewing your insurance policy, be on the lookout for a "step-down provision." This is a clause buried in the fine print that drastically reduces your UM/UIM coverage limits if a family member who is not named on the policy is driving your car, or if you are injured in a specific unlisted vehicle. These provisions are highly controversial, but generally legal in Rhode Island. An attorney can help you read your policy to ensure an insurance company is not wrongfully applying a step-down clause to deny your payout.
Can You Stack Policies in Rhode Island?
Policy "stacking" allows a victim to combine the UM/UIM limits of multiple vehicles insured in the same household to increase their total available payout. In Rhode Island, intra-policy and inter-policy stacking is specifically protected by statute. Under R.I. Gen. Laws § 27-7-2.1(i), if an insured has paid two or more separate premiums for UM/UIM coverage under a single policy or across multiple policies with the same insurer, they are entitled to collect up to the aggregate amount of coverage for all insured vehicles. As reinforced in decisions like Cardoso v. Nationwide Mutual Ins. Co., 659 A.2d 1097 (RI Supreme Court 1995), state law guarantees this right "regardless of any language in the policy to the contrary," rendering insurance company anti-stacking clauses completely unenforceable for policyholders who pay separate premiums.
How Much Does a UM/UIM Claim Cost?
Filing a UM/UIM claim with your own insurance company usually does not require paying court fees unless you have to sue your insurer for acting in bad faith. If you hire a lawyer, they will generally work on a contingency basis, taking around one-third of the settlement.
| Type of Coverage | Rhode Island State Minimums |
|---|---|
| Bodily Injury per Person | $25,000 |
| Bodily Injury per Accident | $50,000 |
| Property Damage | $25,000 |
How Long Does the Process Take?
A standard UM/UIM claim typically takes between 4 to 8 months to resolve once you have finished your medical treatment. Because you are dealing with your own insurance company, they have a duty to process your claim in a timely manner. However, if they dispute the severity of your injuries or the fault of the "phantom" vehicle, you may need to enter arbitration or file a lawsuit in the Providence County Superior Court, Providence, which can extend the timeline by 1 to 2 years.
Frequently Asked Questions (FAQ)
Will filing a UM claim raise my insurance rates in RI?
Generally, if the accident was not your fault, Rhode Island insurance companies are restricted from raising your premiums simply because you utilized your Uninsured Motorist coverage.
Do I have to report a hit-and-run to the police?
Yes. To successfully file a UM claim for a hit-and-run in Rhode Island, you must report the incident to local law enforcement promptly, usually within 24 hours.
Can I reject UM/UIM coverage in Rhode Island?
Yes, state law allows you to reject UM/UIM coverage, but you must do so in writing. However, given the high number of uninsured drivers on the road, it is highly recommended to keep it.
Does UM/UIM cover property damage to my car?
Uninsured Motorist Property Damage (UMPD) is an optional coverage in Rhode Island. If you purchased it, it will cover vehicle repairs; otherwise, standard UM/UIM only covers bodily injuries.
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