The amount of compensation you will receive from the driver that hit you will depend on the extent of your injuries, the driver’s income level, both you and the driver’s insurance and the degree of your own liability for the accident.
They Type of Insurance Available
When trying to recover compensation for a pedestrian car accident, the most likely source would be car insurance. Nearly all states require drivers to have insurance and insurance companies are required to offer underinsured or uninsured coverage. The greatest advantage of underinsured motorist coverage is that even if the at-fault driver has little or no insurance, your insurance company will have to make up the difference.
If you have medical insurance, this should be the first place to turn to pay for medical bills. The medical insurance company will collect reimbursement for your medical expenses from the at-fault driver’s insurance company.
If you were working at the time of your accident, your employer’s workers compensation carrier may also be required to compensate you.
The Uninsured and Insured Pedestrian
You can be able to collect compensation in Rhode Island from your insurance company if you have automotive insurance. Yes, you can collect compensation even if you were not driving at the time of the accident.
There are some no-fault states where insurance companies are required to pay medical expenses up to a certain limit. In all other states if the driver caused the accident, his insurance company will have to compensate the pedestrian. If the at-fault driver is not insured, then your uninsured motorist coverage will compensate you for your losses.
If you were uninsured at the time of the accident and the driver was also uninsured and doesn’t have the means to compensate you, then you are out of luck. If, however, you are uninsured but the driver is insured, you are entitled to compensation from the driver’s insurance company regardless of which state you are in.
When You Caused the Pedestrian Car Accident
Different states have different ways of treating a pedestrian car accident case when both the pedestrian and the driver are at fault.
If you live in a no-fault state and you were responsible entirely or partially for the accident, the driver’s insurance company may not be legally obligated to compensate you for your losses. If you have car insurance, whether you will be covered depends on the type of insurance you bought.
Rhode Island is a fault car insurance state. This means that if the driver was liable for causing the accident, they will be responsible for any resulting damages or injuries. Their insurance company will most likely cater for all the costs.
You can also recover compensation through:
- Filing a lawsuit
- Filing a claim with the driver’s insurer
- Filing a claim with your own insurer
Limits of Insurance
Rhode Island requires that all car owners carry certain levels of liability insurance coverage on their car. The insurance covers losses incurred by anyone who gets into an accident with the insured car. The minimum coverage a driver should carry is:
- $25, 000 for property damage
- $50, 000 for the death or injury of more than one person in one accident
- $25, 000 for the injury or death of a single person
Even though the law requires that a driver carry the minimum amounts, it’s always a good idea to carry a policy with a higher maximum coverage. This is because if the driver is found legally liable for the accident and the damages exceed the limits of their policy, they may have to pay the difference from their pocket.
Additionally, if you were disfigured, suffered a broken bone or died, you or your family will need to sue the driver’s auto insurer or sue them personally for the pain and suffering.
Talk To Us
Have you recently been involved in a pedestrian car accident in Providence? Laws regarding pedestrian accidents are very complicated. At Kevin P Landry Law Offices, we understand the complexities of Rhode Island Law as they pertain to car pedestrian accidents.