Whiplash settlements
in Rhode Island.
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 claims | When 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 rule | Your 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 use | Not 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 |
The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.