I was in an accident in Rhode Island at a stop sign, now facing a lawsuit for injuries.

Question

I was involved in an accident in Rhode Island, but I am from California. My vehicle and the other party's vehicle were towed. At the scene, the other party stated he didn't need medical attention and seemed fine. I was at a stop sign and, after looking both ways, proceeded into the two-way traffic, hitting the other party's vehicle on the passenger side, mostly mid to rear. The other party is now suing for injuries and lost wages. I have a police report stating that both parties initially refused medical attention. My insurance only offers liability coverage, and they are attempting to get the other party to settle for my policy limits. Despite the other party claiming numbness, tingling, and spine pain leading to a diagnosis of a sprained back, there were no broken bones. I've returned to California and have not communicated with the other party since the accident.

Tim Akpinar · Answer

I'm sorry about your accident. Although a Rhode Island attorney could advise best, as a general note, it sounds like you're handling things the right way. Leave it to the attorneys assigned to your claim by your insurance carrier to communicate with the attorney for the other side. If the other driver refused treatment, your attorneys would likely raise that issue. Continue to cooperate with your carrier's attorneys in the defense of your claim. Good luck

James L. Arrasmith · Answer

Even though the accident happened in Rhode Island, your California insurance policy should still provide liability coverage up to your policy limits. Since the other party is now suing for injuries and lost wages, your insurer has a legal obligation to defend you in the lawsuit and attempt to resolve the claim within those limits. Stay in regular contact with your insurance claims adjuster, and make sure they’re aware of all facts, including the police report and the initial refusal of medical care at the scene. 
 
Your insurance company will assign legal defense counsel in Rhode Island to represent you in the lawsuit. That attorney should handle court filings, responses, and negotiation efforts. If the other party refuses to settle within your policy limits and the case proceeds to trial, your insurer still has to provide defense, though you could be exposed to personal liability for any judgment beyond your coverage amount. 
 
Do not contact the other party directly or respond to them if they reach out. Keep all documentation, including the police report, photos, and any communication with your insurer. If you’re ever served court papers in California, notify your insurance company immediately so they can take appropriate action. Stay involved and informed, but let your defense counsel handle legal strategy.

Q: I was in an accident in Rhode Island at a stop sign, now facing a lawsuit for injuries.