Legal Question in Personal Injury in Rhode Island

Suddenly now an uninsured driver per insurance company with no reason.

I was hit by a RI driver in MA, that was covered ''supposed'' by Geico insurance. Apparently now the insured doesn't have coverage - per the Geico adjuster. They claim they can not tell me why but can give me some reasons why. It has been more than 60 days since the accident and I haven't received anything in writing except that they are reviewing the case. Can someone let me know what are my next steps? What rights do I have? Will I have to process a civil suit against the driver? Clear case that the driver was at fault - hit from behind in the middle of bumper to bumper traffic! Smashed back of car up to the back windshiled. I have a torn labrum in my left shoulder from the impact and hanging on to the steering wheel.


Asked on 10/15/08, 4:16 pm

6 Answers from Attorneys
Christopher Di Giacomo Di Giacomo & Gruss

Re: Suddenly now an uninsured driver per insurance company with no reason.

I believe that you will probably have to file suit for your damages. This is something that we can help you with in Massachusetts.

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Answered on 10/15/08, 4:23 pm
Christopher Earley Law Office of Christopher Earley

Re: Suddenly now an uninsured driver per insurance company with no reason.

Hi -

This is a question that would be more suitably answered over the telephone. Give me a call if you would like to talk this out. Thanks, Chris.

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Answered on 10/15/08, 4:33 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Suddenly now an uninsured driver per insurance company with no reason.

There are at least two possible avenues that you might consider exploring. In order to get a more definitive answer from Geico as to whether or not the Rhode Island driver was covered, you could send a demand letter under Mass. Gen. Laws ch. 93A and under the Rhode Island Consumer Protection Act asking for a prompt settlement and for specific information regarding the dates and amounts of coverage. I am assuming you are a Massachusetts resident. If you learn that the motorist was in fact uninsured or underinsured, you need to check your own policy too see how much uninsured motorist coverage you have. I keep at least $100,000 in uninsured motorist and underinsured motorist coverage. Of course, you may benefit from the assistance of an attorney in evaluating your case, preparing a 93A demand letter and asserting claims against the other driver, against Geico, and possibly against your own insurer.

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Answered on 10/15/08, 4:54 pm
John B. Stewart

Re: Suddenly now an uninsured driver per insurance company with no reason.

You should hire a lawyer. There are people who will explain the whole process to you. Why wait? Were you hoping to handle the case yourself? If it were that easy there would be no need for lawyers. Regards, JBS

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Answered on 10/15/08, 5:20 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Suddenly now an uninsured driver per insurance company with no reason.

You should retain a Massachusetts attorney to file suit. Good Luck!

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Answered on 10/15/08, 5:29 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Suddenly now an uninsured driver per insurance company with no reason.

As you have already been told, you should contact an attorney. If the other party is insured, an attorney can demand that they pay you.

If, for whatever reason, the other party truly is uninsured or underinsured, then you will need to file a claim against your own insurance company under their under/uninsured motorist protection.

There are notice requirements and other considerations that make it important for you to contact an attorney before providing either insurance company with any information or statements.

Please feel free to contact me. I am located in Quincy.

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Answered on 10/15/08, 6:22 pm


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