Hit-and-Run in Rhode Island: Who Pays for Your Car and Your Injuries?
If you were hurt in a crash in Rhode Island and the other driver sped away, you are probably asking two questions at once: who pays my medical bills, and who pays to fix my car? The answers come from two different parts of your own auto policy, and they follow different rules. Call us at (401) 288-3888 and we will look at your policy with you. You pay nothing unless we win.
Most hit-and-run guides stop at “call the police and file a claim with your insurer.” This one covers the gap that catches people off guard: the statute that creates hit-and-run coverage treats injuries and vehicle damage differently. For the basics on reporting and evidence, see our page on hit-and-run accidents in Rhode Island and our guide on how long you have to report a hit and run.
Your Injuries: Uninsured Motorist Coverage Includes Hit-and-Run Drivers
Under R.I. Gen. Laws § 27-7-2.1(a), auto policies for vehicles registered or principally garaged in Rhode Island must include uninsured motorist coverage for people legally entitled to recover from owners or operators of uninsured vehicles and “hit-and-run motor vehicles.” In plain terms, a driver who flees and is never identified is treated like a driver with no insurance, and your own policy steps in.
That coverage is set at your bodily injury liability limits unless you chose a lower amount in writing. So the limit on your policy decides the ceiling on your injury claim. If you carry the state minimum, a serious injury can outrun it quickly. Our guide to uninsured and underinsured motorist coverage explains how those limits work.
You Do Not Have to Find the Driver First
One part of the statute helps hit-and-run victims directly. Section 27-7-2.1(h) says an insured does not have to make a claim against, or sue, the uninsured or underinsured driver before recovering from their own insurer. You do not need a name, a plate, or a court judgment to start a bodily injury claim with your own company.
That does not mean the claim is easy. Your insurer will still ask you to prove that another vehicle caused the crash and that you were not at fault. Police reports, witness names, photos of the scene, nearby camera footage, and prompt medical records carry that proof. Check how your policy defines a hit-and-run vehicle, because the wording of the policy, not just the statute, often drives the dispute.
Your Car: The Property Damage Rules Are Different
Here is where many Rhode Island drivers get surprised. Uninsured motorist coverage for property damage is handled in its own subsections, and the rules are narrower than for injuries:
- It can be rejected in writing. Under § 27-7-2.1(b), the named insured may reject uninsured motorist coverage for property damage. If you carry collision coverage on your own vehicle, the statute does not require uninsured motorist property damage coverage unless you chose to buy it.
- A deductible applies. Section 27-7-2.1(e) sets a $200 deductible per claim for property damage caused by collision, unless the parties agree otherwise.
- The claim must identify the at-fault operator. Under § 27-7-2.1(e), a property damage claim must include identifying information, such as the operator’s name and address, showing that the operator is without insurance.
Put those together and the practical result is clear. When the driver is never found, there is no name or address to supply. For many drivers, the realistic way to pay for car repairs after a hit-and-run is their own collision coverage, which usually carries its own deductible. Read your declarations page now, before you need it, and ask your agent which property damage coverages you actually bought.
What to Do in the First Days After a Hit-and-Run
Because injury and property claims run on different tracks, build both files from the start.
- Call 911 and get the police report number. Your insurer will want it for both the injury claim and the vehicle claim.
- Get medical care the same day. A gap between the crash and your first visit gives the insurer an argument that you were not hurt.
- Photograph everything. Capture the damage, paint transfer, debris, skid marks, and the road. Note anything you remember about the other vehicle, even a partial plate or color.
- Ask nearby businesses to save their footage. Many systems overwrite within days.
- Notify your insurer in writing, but be careful with statements. Before you give a recorded statement, read our guide to recorded statements and insurance adjusters.
- Check your policy for notice deadlines. Some policies set a short window to report an uninsured motorist claim.
The Deadline for Suing a Driver Who Is Later Found
Sometimes a camera or a witness identifies the driver weeks later. Under R.I. Gen. Laws § 9-1-14(b), a personal injury lawsuit in Rhode Island generally must be filed within three years of the crash. A late identification does not stop that clock, so do not wait on the police investigation before you get advice on your own claim.
If You Were Hurt in a Crash in Providence, Warwick, or Anywhere in Rhode Island
Hit-and-run claims are decided by your own insurer, which means the company you pay every month is now the one deciding what your injuries are worth. We handle the paperwork, the insurer, and the proof, and we pursue the driver too if he or she is ever identified. If the crash happened in the capital, our Providence car accident team can meet you quickly, and our Rhode Island car accident page covers the rest of the state. You can also review Rhode Island’s insurance requirements to see what minimum coverage looks like.
Frequently Asked Questions
Does my own insurance pay if the hit-and-run driver is never found?
For injuries, often yes. Section 27-7-2.1(a) requires uninsured motorist coverage that includes hit-and-run vehicles, up to the limits you carry. Your claim still has to show that another vehicle caused the crash and that you were not at fault.
Who pays for my car after a hit-and-run?
It depends on what you bought. Uninsured motorist property damage coverage requires identifying information about the at-fault operator, so many drivers rely on collision coverage instead. Check your declarations page or call us and we will help you read it.
Do I have to sue the driver before I claim against my own insurer?
No. Section 27-7-2.1(h) says you do not have to make a claim against, or sue, the uninsured or underinsured driver before recovering from your own insurer.
Talk to Us Before You Talk to the Adjuster
Call (401) 288-3888 or email mfc@mfclaw.com for a free consultation. We work on a contingency basis, so there is no fee unless we win. See how our no-win, no-fee approach works, or contact us online. The Law Offices of Michael F. Campopiano, 21 Douglas Ave, Providence, RI 02908.