Overhaulin'

I live in Massachusetts. Was in a single car motor vehicle accident in Rhode Island. I was a passenger.?

The accident happened about one month ago. Got seriously hurt. The owner of the vehicle I was in lives in Rhode Island, where the car is also Registered and Insured. The insurance policy is a bare minimum policy. I have no household automobile insurance policies and do not own a car. I live in an apartment. I am not on anybody's insurance policy. My question is, "If it becomes necessary, can I file suit against the driver of the motor vehicle and his insurance carrier in Massachusetts.......or must I file suit in Rhode Island where the accident happened, where the defendant lives, and where the defendant's motor vehicle is registered and insured. Please refer me to any Massachusetts and/or Rhode Island statutes that might be helpful. Thank you.

Public Comments

1. As a rule you must file any civil action in the state where the event took place. Don't get any ideas about a big payday. Unless there are significant long term/permanent health problems there isn't enough for a good lawyer to take the case. If you can get a settlement that covers medical costs and lost wages, take the money and run.
2. You can sue the driver's insurance company and be paid in full usually without having to go to court. I believe it's 20 or 40K per passenger for minimum coverage. The lawsuit would take place in RI because that's where the driver is insured. It doesn't matter where you live or if you're insured.
3. In my answer, I give many web sites. If you are not satisfied with what the drivers and their insurance companies do for you, here is a lawyer who specializes in taking care of victims of accidents in Rhode Island http://www.good-legal-advice.com/auto_accidents_ri.htm Apparently it is not unusual for someone from Massachusetts to get in an accident in Rhode Island & this lawyer knows that situation & offers a free quote on what can be done for you http://www.good-legal-advice.com/auto_accidents_ma.htm Look at the list of things that should have been done at the time of the accident ... hopefully you have all the particulars of drivers, their insurance companies, copy of police report Here is the web site of the department of Rhode Ilsland that governs what insurance people are supposed to have when they are in the state of RI http://www.dbr.state.ri.us/ Hopefully the data on insurance will be helpful to you It includes an e-mail address you can use to ask for more info http://www.dbr.state.ri.us/divisions/insurance/ First of all it makes a BIG difference whether the state where the accident happened puts the ohus of liability on the driver whose FAULT the accident was ... this is called a FAULT STATE (((I researched that for you, and found out (see link), Massachusettes is no fault up to a monetary threshold, while Rhode Island is a fault state ... this means there is a possibility that your driver had insurance that was correct for Massachusettes but incorrect for Rhode Island.))) or whether the responsibility is on each vehicle & driver insurance regardless of whose fault ... this is called a NO FAULT STATE (Massachusettes) The reason some states are NO FAULT is that in a FAULT STATE, a lot of the money goes to lawyers fighting on behalf of their clients whose fault it was. In a NO FAULT state (like Massachusetts), everyone needs to have good insurance to protect themselves, or they are somewhat out of luck. So you are probably fortunate that it wasn't the other way around (Rhode Island resident in a wreck in Massachusetts) Here is a link to more information about NO FAULT insurance and the various state laws on this. http://en.wikipedia.org/wiki/No_fault_insurance Rhode Island is not on the list of the 12 US states that have some kind of no-fault rules, so that means Rhode Island is a FAULT state ... the person found at fault for the accident, is the person who is held accountable for all damage and injuries in the accident, or their insurance company policy. Some accidents can be caused by passengers, so watch out in the future. In Canada, drivers are given the option of operating under either principle ... they have to decide in advance. If the accident was the fault of the driver that you were passenger in, then it not matter ... no fault state or fault state ... that driver has the responsibility to cover your medical and other expenses stemming from the accident. If it is not your driver's fault, and if Rhode Island is a fault state, which it is, then the other driver's insurance is supposed to make good on your needs, and if it is not enough, then the other driver make up difference between what the insurance pays you, and what your needs are. Somewhere in that person's insurance policy there should be something about how much money to cover the needs of passengers in case of an accident, there is also general liability. You need to know the name of that insurance company, and file with that company to cover your expenses. If all gets covered, then all well and good, but if not, then, you need to get with the driver to cover the difference between what the insurance took care of, and what your needs were. Hopefully you won't have to get lawyer to help resolve this. Here's info on the driving laws ... how they vary by US state, starting with liability insurance http://www.iii.org/individuals/auto/a/stateautolaws/ Here's a link with general info about the types of auto insurance, and what the laws are for each state of USA http://auto-insurance.aig.com/webcm/home/147-1194-1194-AIG+AUTO+INSURANCE.html This link talks about minimum insurance every driver is mandated to have per state, and how we deal with the fact that there are violators out there not in compliance with these laws ... if you look down the chart by state, you will see that Rhode Island (RI) has pretty weak laws on this topic. http://www.iii.org/media/hottopics/insurance/compulsory/ Here's info on auto insurance required for people who drive in Rhode Island, or into that state http://www.squashmybills.com/state/rhode-island-auto-insurance.php Here are links to Rhode Island regulations, with respect to damage to the vehcile http://ebiz.netopia.com/ncautobody/regulations/ You can find a whole lot more via search engines, but of course it helps when someone here has kind of steered you to good starting places