Rhode Island is a state that subscribes to a “comparative negligence” theory of liability in a motor vehicle collision. Basically that means fault is determined on a percentage basis. So a person who is 100 percent at fault for your injuries is responsible for 100 percent of your damages.

For example, a person who hits you in the rear end at a red light or crosses the center line and strikes your vehicle head on is 100% at fault. That person’s insurance company will pay 100% of your damages.

WHAT IF THE OTHER PARTY DOESN’T HAVE ENOUGH INSURANCE ?

If the amount of your damages exceed the limit of his liability coverage then you can file a claim through your “underinsured motorist” coverage. In other words, if his insurance company offers the policy limits of his liability coverage you will be able to file a claim under your own policy.

WHAT IF I’M PARTIALLY AT FAULT ?

If you are involved in an intersection collision and you are 10, 20 or 30 percent at fault, you are respectively entitled to collect 90, 80 or 70 percent of your damages. Since Rhode Island is a pure “comparative negligence” state, you are entitled to collect the percentage of your damages for the percentage that the other party is at fault.

DETERMINING FAULT

In serious, complex trucking accident or automobile accident cases, Jim Donelan may engage experts in engineering or accident reconstruction to help in determining the possible merits of a claim.

To schedule a consultation regarding your auto accident contact Jim Donelan today at 401-461-1500.