Despite the requirement that all drivers maintain insurance on their vehicles, the reality is that in many Rhode Island car accidents, the victim’s injuries far exceed the policy maximum of the at-fault driver’s insurance policy. In these situations, an accident victim can obtain underinsured/uninsured motorist (UIM) benefits under their own policy.

Under Rhode Island law, all insurance companies must offer UIM insurance when they write a policy. Additionally, all motorists must obtain a certain level of UIM insurance. Only in situations where a motorist obtains the minimum amount of liability insurance can they entirely waive UIM coverage.

One concept that frequently comes up when discussing Rhode Island UIM coverage is that of insurance stacking. Insurance stacking can refer to several different ways in which an accident victim can “stack,” or aggregate, the maximum recovery amount from several different UIM policies. Under Rhode Island General Laws § 27-7-2.1, an injury victim can “collect up to the aggregate amount of coverage for all of the vehicles insured” if:

• the insured has paid two or more separate premiums for UIM coverage in a single insurance policy; or
• the insured has several different policies with the same insurance company.

Importantly, this applies even if the language in the insurance contract indicates otherwise.

Of course, complications can arise when attempting to stack UIM policies. For example, in a 2017 Rhode Island appellate decision, the court determined that an accident victim was not able to stack two policies. In that case, both of the plaintiff’s policies were issued by the same agent, and under the “Progressive” brand. However, the policies were underwritten by separate and distinct companies, that just happened to be owned by the same parent corporation.

The plaintiff argued that his “reasonable expectation” that the two policies were issued by the same company should allow him to stack the two policies, although different companies technically underwrote the policies. However, the court rejected the plaintiff’s claim, explaining that the “plain language” of the statute required the policy be issued by the same insurance company. The fact that the policies were issued by two different insurance companies that were owned by the same parent company did not meet the statute’s definition of “same insurance company.”

Have You Been Injured in a Rhode Island Car Accident?

If you or a loved one has recently been injured in a Rhode Island car accident, you may be entitled to monetary compensation for the injuries you have sustained. Do not rely on a biased insurance company’s assessment of your claim. Instead, reach out to the dedicated Rhode Island personal injury attorneys at Bilodeau Capalbo for assistance. At Bilodeau Capalbo, we have extensive experience dealing with difficult Rhode Island insurance disputes, whether it be following a car accident or homeowner’s claim. To learn more, call 401-300-4055 to schedule a free consultation today.

If someone is involved in an accident that was caused by another motorist’s negligence, the at-fault motorist will be responsible for any injuries suffered by the accident victims. However, if the at-fault motorist does not have insurance, the accident victim will only be able to pursue a claim against the driver, who may not have the assets to compensate the injury victim adequately. This is where uninsured/underinsured motorist (UIM) protection comes into play.

Underinsured/Uninsured Motorist Protection in Rhode Island

Under a UIM policy, a policyholder is protected from accidents caused by an at-fault motorist who either has no insurance or does not have sufficient insurance to fully compensate the policyholder for the damages caused by the accident.

In many cases, UIM insurance is mandatory for Rhode Island motorists. For example, under Rhode Island General Laws section 27-7-2.1, all insurance companies must offer UIM insurance whenever they write an auto insurance policy. The amount of UIM coverage should equal the amount of liability insurance. Motorists can opt to purchase less UIM coverage; however, only motorists who opt to purchase the bare-minimum amount of required insurance can completely opt out of UIM coverage. Thus, anyone who purchases insurance above the bare-minimum requirement can only reduce UIM coverage to $25,000 per person, $50,000 per accident unless they have collision coverage in their vehicle, in which case they can entirely opt out of UIM coverage.

Importantly, UIM coverage applies in more than just cases where the at-fault motorist is underinsured or uninsured. In fact, UIM coverage applies in Rhode Island hit-and-run accidents where the at-fault driver cannot be located.

As the discussion above illustrates, Rhode Island insurance is critical to an accident victim’s ability to recover for their injuries. At the same time, the laws governing insurance coverage are complex. Anyone who has been injured in a Rhode Island accident should consult with a dedicated Rhode Island injury attorney today.

Have You Been Injured in a Rhode Island Car Accident?

If you or a loved one has recently been injured in a Rhode Island car accident, you may be entitled to monetary compensation. At the Rhode Island personal injury law firm of Bilodeau Capalbo, we represent injury victims across Rhode Island in all types of personal injury claims, including those arising out of serious Rhode Island auto accidents. We are also well-versed in all aspects of Rhode Island insurance law, and provide clients with in-depth advice on a variety of other insurance-related matters. To learn more, call 401-300-4055 to schedule a free consultation today.

See Related Posts: Common Law Marriage in Rhode Island, Rhode Island Divorce Lawyer Blog, December 12, 2018.

Rhode Island Intestate Laws and the Importance of Drafting a Will, Rhode Island Divorce Lawyer Blog, December 28, 2018.

The Ex-Boyfriend’s Allegations

As noted above, the plaintiff/ex-boyfriend in this case brought suit against his ex-girlfriend for negligent misrepresentation, fraud, and unjust enrichment. After seven years in a romantic relationship together, the defendant/ex-girlfriend and the plaintiff broke up. He alleges that she falsely represented to him that his life would be enhanced by being with her, and in reliance on this promise he devoted his time, energy, and expertise to her. He also alleges that he provided financial advice to her that will eventually save her tax money. Thus, he argues, it is unfair for her to keep that benefit while not giving him the benefit of lifetime security (presumably by remaining in a relationship with him).

The plaintiff explained that during the relationship he stayed with the defendant several nights a week, gave her gifts including jewelry and meals, tutored defendant’s children, and helped with renovations on her home. In terms of the tax benefits, the plaintiff told the defendant that she should request a tax ruling from the IRS relating to her grandmother’s trust. Plaintiff claims that this advice would eventually save the defendant a substantial amount of taxes.

Rhode Island Law

Before the hearing the defendant filed a motion for summary judgment. Motions for summary judgment will be granted when there are no material issues of fact between the parties and one party is entitled to judgment. In other words, everyone agrees on the basic facts of the case and the law makes clear who the prevailing party should be.

In order for the plaintiff to prevail on a fraud claim, he would need to prove that the plaintiff intentionally misled him and he relied on the misrepresentation which caused him injury. Here, the court held that the plaintiff did not satisfy any of the elements of fraud. Nowhere did the ex-girlfriend promise to be with him forever. Further, the benefits he provided were the same benefits that anyone in a romantic relationship with another person would provide. Along the same lines, the court also held that the defendant was unable to prove negligent misrepresentation. Thus, the court threw out the claims of fraud and negligent misrepresentation but allowed a hearing on the unjust enrichment claim.

In the end the court granted summary judgment for the defendant on the unjust enrichment claim as well. The plaintiff had no expertise in tax law, and the defendant’s family worked with a qualified tax lawyer to make all the tax decisions for the trust. The plaintiff himself could not articulate what he contributed except for telling his ex-girlfriend to talk to a tax attorney. Unjust enrichment is only applicable when one party gets a benefit from another and it would be unfair to let them keep that. Here, the plaintiff could not articulate a benefit given, thus summary judgment was granted to the defendant on all counts.

Contact an Experienced Rhode Island Family Law Attorney Today!

If you are having problems with an ex, an experienced Rhode Island family law attorney may be able to help you. The knowledgeable attorneys at Bilodeau Capalbo, LLC, can help answer any questions you may have. Call (401) 300-4055 or use the form on this web site to contact us today for a free consultation!

See Related Posts: Rhode Island Federal Court Discusses Procedures for Suing Insurance Companies Child Custody Rights of Unmarried Parents in Rhode Island