Based on Rhode Island’s pure comparative negligence system
for processing accident claims, you’ll be able to recover some damages based on your percentage of fault in the collision—even without your own insurance policy. However, unless you’re deemed 100% not at fault, you’ll still be liable for out-of-pocket costs from your portion of the blame. Not having car insurance can have other adverse downstream effects (legal and financial) that don’t involve how the insurance claim is processed. So, to help not make a bad situation worse, we’ve put together this guide on what to do if you’re in a car accident without car insurance
in Rhode Island. What to do if you’re in a car accident without insurance in Rhode Island and not at fault
Driving without car insurance
in Rhode Island is illegal. We understand the onset of panic that comes with being in a car accident and not having car insurance, but you’ll only make matters worse (legally and financially) if you act on irrational impulses. So with that being said, as hard as it may be, do not leave the scene of the crash. Trying to flee could net you a hit-and-run charge
, which can be punishable with hefty fines and lengthy jail sentences. Once you’ve made the responsible decision to stay, it is your legal right to move your car to a safe location (while staying on the scene) if the result of a collision puts you or others in danger.
Your legal responsibility is to assess the health of yourself, your passengers, and other parties involved. This will be followed by calling 9-1-1 (in most cases—continue reading for exceptions) to report the accident, initiate law enforcement response, and request an ambulance if needed.
Now that you’ve handled the immediate priorities after a car accident
, it’s time to start documenting. This is even more important if you don’t have car insurance, as counter-intuitive as that sounds. We’ll explain after you work through this car accident documentation checklist: Don’t apologize: Any form of apology can be linked to liability and can be used against you when determining fault. Instead, try to remain as neutral as possible in conversation with other involved parties and witnesses.
Obtain information from the other involved parties: This includes name, address, phone number, make and model of vehicle, registration information, and insurance name & policy number.
Gather eyewitness accounts of the accident: Get their name, contact information, and a brief description of what they saw.
Take as many pictures as possible: Photos of the accident scene and all vehicles involved will be used as evidence when determining fault.
Get the police report: Gather the on-scene officer's name, department name, and badge number so you can obtain the police report for later use.
Documenting is so important because it helps sort out who is at fault in an accident and how much of the accident you will be financially responsible for. Every picture or piece of information could tilt how fault is dispersed. So let’s examine the different ways this can play out.
In Rhode Island, if you are deemed 100% not at fault (for example: getting rear-ended while stopped at a red light), you will be able to recover damages fully through the at-fault driver’s liability insurance
—even without an insurance policy of your own. So you can see why it’s in your favor to document and prove you were not at fault. However, if you’re deemed at fault for a percentage of the accident, you will have to pay out of pocket for your portion of the other driver's damages, not to mention any leftover expenses from your own damages.
Key Takeaway It’s important to stay at and document the scene if you get into a car accident in Rhode Island so you have the chance to collect damages from the other driver—even if you lack sufficient insurance coverage yourself.
Who decides fault in a car accident in Rhode Island?
Claim adjusters determine fault in a car accident after reviewing the police report and all the evidence provided in the insurance claims.
Therefore, providing them with as much information as possible is essential to reaching an accurate conclusion—hopefully in your favor, for your wallet's sake.
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Do you need to report a car accident in Rhode Island?
If there are no injuries or deaths and less than $1,000 in damages to vehicles, you don’t have to report the car accident to the police. Instead, these minor traffic incidents can simply be worked out between the involved parties and their insurance companies.
However, if either condition is not met, you must follow the car accident procedure we outlined earlier in the article, which includes a call to the police.
MORE: How to file a car accident claim report
What if you’re at fault?
Because Rhode Island is a pure comparative negligence state, you’ll be financially responsible for a portion of the other driver’s vehicle repairs and medical bills based on your percentage of fault in the accident. That driver can file a lawsuit against you to recover these damages if you don’t have insurance.
Example: If you’re deemed 25% at fault for a car accident, you’ll be required to pay the more at-fault driver for 25% of their damages. This conversely means that the more at-fault driver will be responsible for 75% of your damages, leaving you with 25% to pay for on your own.
What if you’re hit by an uninsured driver in Rhode Island?
Let’s look at the flipside briefly and explain what happens when an uninsured driver hits you. Since you won’t be able to file a claim against their bodily injury liability
or property damage liability
, you’ll have to pursue them directly in the courtroom. Unfortunately, these legal proceedings are often expensive, time-consuming, and, more often than not, unrewarding. So instead, we recommend adding these optional coverages to your policy as a potential safety net for this circumstance:
Uninsured motorist coverage
: This will help pay for your medical expenses when you are in a collision with an at-fault driver who does not have sufficient bodily injury liability.Collision coverage
: This will reimburse you for repairs to your vehicle if the other driver can’t pay for their portion, as well as the property expenses tied to your portion of the blame.
According to the Insurance Information Institute (III), about 16.5% of Rhode Island drivers were uninsured in 2019, which ranks them as the 11th worst state for this problem. So rather than taking your chances, it’s best to invest in a reliable backup plan like the one we outlined above.
Penalties for driving without insurance in Rhode Island
Before we break down the legal penalties for driving without insurance in Rhode Island, it’s worth mentioning that these pale in comparison to the fines and jail time associated with a hit-and-run conviction. So, again, don’t make a bad situation worse.
Now that we addressed that, here is what you’ll be up against if you fail to provide proof of insurance
at the scene of an accident or during a traffic stop: 
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However, you can get your license reinstated from suspension earlier if you satisfy all court requirements. To do so, you’ll need to file an SR-22
(more on this next) with your insurer, settle your fines, and pay all additional reinstatement fees (which can total upwards of $700 when it’s all said and done). Minimum required car insurance in Rhode Island
As mentioned earlier, it is illegal to operate a vehicle in Rhode Island without car insurance. Here is an example of an insurance policy that meets the legal minimum:
At least $25,000 of bodily injury liability per person
At least $50,000 of bodily injury liability per accident
At least $25,000 of property damage liability per accident
However, liability coverage only accounts for the financial obligation you owe to the other driver for your portion of fault in the accident. If you want to protect your assets, you’ll want to invest in collision coverage, as we discussed earlier.
Driving without insurance can increase premiums
Part of the punishment for driving without insurance includes holding an SR-22
for an entire year without accumulating any new traffic infractions. This certificate proves you meet the state’s minimum liability insurance requirements. Unfortunately, an SR-22 basically labels you as a high-risk driver
, considering it is a requirement following a severe driving violation (like not having insurance). As a result, SR-22 holders will have more expensive insurance premiums while they set their driving record straight. RECOMMENDEDThis app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍
