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ChatRhode Island is a popular destination for tourists, especially during the summer months when visitors flock to our beautiful coastlines and historic cities. Unfortunately, an influx of vacationers – many of whom are unfamiliar with our local roadways, intersections, and traffic patterns – can lead to a rise in motor vehicle accidents.
When you are involved in a crash with an out-of-state driver, the process of seeking compensation can feel more complicated than a standard local accident. At Bottaro Injury Lawyers, we are here to clear up the confusion and ensure your rights are protected, no matter where the other driver calls home.
Jurisdiction and “Where to Sue”
One of the most common questions we hear is, “If the driver is from out of state, do I have to file a lawsuit where they live?”
Generally, the answer is no. When an accident occurs in Rhode Island, your case is governed by Rhode Island law. Because the crash occurred within our borders, you have the right to pursue your claim here. In most instances, we can hold the negligent party accountable in the Rhode Island court system, even if they return to their home state immediately following the incident.
The Impact of Rhode Island’s “Pure Comparative Negligence”
Regardless of where the other driver is from, their insurance company is bound by Rhode Island’s legal standards. Rhode Island follows a “Pure Comparative Negligence” system (R.I.G.L. § 9-20-4).
This is vital for your case. If the other driver tries to argue that you were partially at fault for the accident, they aren’t necessarily off the hook. Under this rule, you can still recover damages even if you are found to be partially responsible. Your settlement is simply reduced by your percentage of fault. An experienced attorney knows how to challenge insurance adjusters who try to shift excessive blame onto local drivers to minimize their own payout.
Challenges with Out-of-State Insurance Policies
While car insurance is generally valid across state lines, the minimum coverage requirements vary significantly from state to state.
- Policy Differences: An out-of-state driver may carry insurance limits that are lower than what is typical in Rhode Island.
- Complex Negotiations: Dealing with a “foreign” insurance carrier can be tedious. Adjusters may be less familiar with Rhode Island’s specific statutes, or they may attempt to delay the process hoping you will become frustrated and settle for less than your case is worth.
Having a local team on your side is critical here. We know how to navigate these out-of-state policies and will fight to ensure you are fully compensated for your medical bills, lost wages, and pain and suffering, even if the other driver’s insurance is based elsewhere.
Essential Steps After a Crash With a Tourist
The aftermath of any collision is stressful, but when the other driver is a visitor, take these specific steps to protect your claim:
- Document Everything: Collect the driver’s insurance information, but also note their license plate and state of registration. If their vehicle is a rental, try to get the rental company information as well.
- Get a Police Report: Always call local law enforcement. A formal police report is the strongest piece of evidence when dealing with out-of-state insurers who may try to dispute the facts later.
- Don’t Assume Responsibility: Never apologize or admit fault at the scene. As noted by the National Association of Insurance Commissioners, fault is a complex legal determination that should be left to investigators and legal professionals.
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!