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★ Rhode Island · whiplash

Whiplash settlements
in Rhode Island.

By 9 min read

A woman rear ended while waiting to turn into her workplace collected the other driver’s policy limits, then sued her own insurer for more. The jury awarded $22,889.52 and nothing for future pain, and the Supreme Court refused to add to it. In a three car chain in Providence, the middle driver who was pushed forward was let out of the case.

Facts that decide a whiplash claim in Rhode Island

Underinsured motorist claimsWhen the at fault driver’s limits are not enough, you can claim the difference from your own insurer, and a jury decides the value.Mowry v. Allstate (R.I. 2022)
Fault ruleYour lack of due care, or the fact that the danger “was open and obvious shall not bar a recovery, but damages shall be diminished” in proportion to your negligence. Rhode Island is a pure comparative state.R.I. Gen. Laws § 9-20-4, quoted in Yanku v. Walgreen (R.I. 2020)
Seat belt useNot wearing a belt is not comparative negligence and is not admissible in any civil action.R.I. Gen. Laws § 31-22-22; see our seat belt table
★ band · US federal frame
$10,000 to $40,000
Whiplash / soft tissue (1 to 2 years)
Insurance settlement data plus VerdictSearch tabulations

The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.

★ RI · reported whiplash outcomes

What Rhode Island courts have awarded.

Real Rhode Island decisions and verdicts, each linked to the court record or official report.

  • Rhode Island Supreme Court · 2022
    $22,889.52 verdict affirmed

    On April 24, 2013, Maureen Mowry was rear ended while waiting to turn into her employer’s lot. She collected the other driver’s policy limits and sued Allstate for underinsured motorist benefits, describing back and leg problems and daily headaches. The jury awarded $12,409.52 for medical bills, $7,200 for past pain and nothing for the future. The court affirmed the denial of an additur.

  • Rhode Island Supreme Court · 2015
    Summary judgment for the middle driver affirmed

    On November 9, 2009, Jazmine Wray was stopped on Hartford Avenue in Providence waiting to turn left, with Roy stopped behind her. Antonio Green’s car rear ended Roy’s, pushing it into Wray’s. Wray heard the first impact before her car was hit, and the Greens agreed Roy had been stopped. The court affirmed judgment for Roy.

★ RI · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Rhode Island.

  1. 1

    Check your own policy for underinsured motorist coverage when the other driver’s limits run out.

  2. 2

    Future pain needs medical support; Mowry’s jury awarded nothing for it.

  3. 3

    In a chain collision, the driver who started it is usually the one to sue.

★ RI · statute of limitations
3 years from date of injury

R.I. Gen. Laws § 9-1-14

★ RI · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Rhode Island courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 to $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)$10,000 to $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · same region & fault regime

Compare to like jurisdictions.

How Rhode Island's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

JurisdictionFault ruleLimitationWhiplash page
Rhode Island · you are herePure comparative negligence3 years from date of injury—
VermontModified comparative, 51% bar3 years from date of injuryVT · whiplash →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · whiplash →
DelawareModified comparative, 51% bar2 years from date of injuryDE · whiplash →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · whiplash →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · whiplash →
MarylandPure contributory negligence3 years from date of injuryMD · whiplash →
WashingtonPure comparative negligence3 years from date of injuryWA · whiplash →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · whiplash →
ArizonaPure comparative negligence2 years from date of injuryAZ · whiplash →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · whiplash →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · whiplash →
South DakotaSlight versus gross negligence3 years from date of injurySD · whiplash →
★ RI · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Rhode Island's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Rhode Island. See /methodology, /sources, and /disclaimer.