Uninsured/Underinsured Motorist Complaint - Rhode Island

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Exhaustion of Tortfeasor's Coverage
8. Count I: UM/UIM Benefits Claim
9. Count II: Breach of Contract / Bad Faith
10. Damages
11. Stacking of Coverage
12. Arbitration vs. Litigation
13. Prayer for Relief
14. Verification
15. Rhode Island Practice Notes

Caption

STATE OF RHODE ISLAND
SUPERIOR COURT
[________________________________] COUNTY

C.A. No.: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], City/Town of [________________________________], State of Rhode Island, and a person insured under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to conduct business in Rhode Island, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has jurisdiction over this matter pursuant to R.I. Gen. Laws § 8-2-14 and the amount in controversy exceeds the jurisdictional minimum of the District Court.

4. Venue is proper in the [________________________________] County pursuant to R.I. Gen. Laws § 9-4-4.

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides:
   - ☐ Uninsured Motorist (UM) coverage with limits of $[________________________________] per person / $[________________________________] per accident
   - ☐ Underinsured Motorist (UIM) coverage with limits of $[________________________________] per person / $[________________________________] per accident

7. The policy covers [____] motor vehicle(s), and separate premiums were paid for UM/UIM coverage on each vehicle.

8. Plaintiff has paid all premiums due and has fully complied with all conditions of the policy.

Facts of the Accident

9. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], City/Town of [________________________________], Rhode Island.

10. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] negligently caused a collision with Plaintiff's vehicle.

11. The tortfeasor's negligent acts include but are not limited to:
    - ☐ Failure to yield the right of way
    - ☐ Following too closely
    - ☐ Distracted driving
    - ☐ Operating under the influence of alcohol or drugs
    - ☐ Excessive speed for conditions
    - ☐ Failure to obey traffic signals or signs
    - ☐ Improper lane change or passing
    - ☐ Other: [________________________________]

12. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries and damages as set forth herein.

Uninsured or Underinsured Status of Tortfeasor

13. The tortfeasor's motor vehicle qualifies as:
    - ☐ Uninsured — No liability insurance was in effect at the time of the accident
    - ☐ Underinsured — The tortfeasor's liability limits of $[________________________________] are less than the damages Plaintiff is legally entitled to recover
    - ☐ Hit-and-Run / Unknown — The tortfeasor fled the scene and remains unidentified
    - ☐ Insurer Insolvent — The tortfeasor's insurer is or has become insolvent

Exhaustion of Tortfeasor's Coverage

14. ☐ The tortfeasor had no liability insurance; exhaustion is not applicable.
    ☐ Plaintiff has settled with the tortfeasor's insurer for the policy limits of $[________________________________].
    ☐ Plaintiff has provided Defendant with timely notice of the proposed settlement and an opportunity to consent, subrogate, or substitute payment.

Count I: UM/UIM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is a person insured under the policy who is legally entitled to recover damages from the owner or operator of an uninsured/underinsured motor vehicle for bodily injury, sickness, or disease, including death, arising from the ownership, maintenance, or use of such vehicle.

17. Pursuant to R.I. Gen. Laws § 27-7-2.1, Defendant is obligated to provide UM/UIM benefits to Plaintiff.

18. Defendant has refused, failed, or unreasonably delayed in paying Plaintiff the UM/UIM benefits owed under the policy.

19. Defendant's refusal constitutes a breach of the insurance contract, triggering Plaintiff's right to pursue this action. This claim sounds in contract, not in tort, and is therefore governed by the ten (10) year limitations period for contract actions under R.I. Gen. Laws § 9-1-13(a) rather than the three (3) year personal-injury tort limitations period under R.I. Gen. Laws § 9-1-14. Any policy provision purporting to shorten this period, or to commence it on the date of the accident rather than the date the insurance contract was breached, is unenforceable as against public policy. American States Insurance Co. v. LaFlam, 69 A.3d 831 (R.I. 2013).

Count II: Breach of Contract / Bad Faith

20. Plaintiff incorporates all preceding paragraphs by reference.

21. Defendant owed Plaintiff a duty of good faith and fair dealing in handling the UM/UIM claim, and Plaintiff brings this bad-faith claim pursuant to R.I. Gen. Laws § 9-1-33, which creates a statutory cause of action against an insurer that wrongfully and in bad faith refuses to pay or timely perform its obligations under an insurance policy, and permits recovery of compensatory damages, punitive damages, and reasonable attorney's fees.

22. ☐ Defendant has acted in bad faith by:
    - ☐ Unreasonably delaying investigation or processing of the claim
    - ☐ Denying the claim without a reasonable basis in fact or law
    - ☐ Failing to make a reasonable settlement offer when liability was reasonably clear
    - ☐ Misrepresenting policy provisions to Plaintiff
    - ☐ Compelling Plaintiff to initiate litigation to recover benefits due
    - ☐ Other: [________________________________]

Damages

23. As a direct and proximate result of the accident, Plaintiff has sustained:
    - ☐ Past medical expenses: $[________________________________]
    - ☐ Future medical expenses: $[________________________________]
    - ☐ Past lost wages: $[________________________________]
    - ☐ Future lost earning capacity: $[________________________________]
    - ☐ Pain and suffering: $[________________________________]
    - ☐ Mental anguish and emotional distress: $[________________________________]
    - ☐ Disfigurement and scarring: $[________________________________]
    - ☐ Loss of enjoyment of life: $[________________________________]
    - ☐ Permanent disability or impairment: $[________________________________]
    - ☐ Other: [________________________________]

Stacking of Coverage

24. Plaintiff's policy insures [____] motor vehicle(s), and separate UM/UIM premiums were paid for each vehicle.

25. ☐ Plaintiff is entitled to stack UM/UIM coverage up to the aggregate amount of coverage for all insured vehicles, pursuant to R.I. Gen. Laws § 27-7-2.1, as separate premiums were paid.
    ☐ Stacking is not applicable because only one vehicle is insured under the policy.
    ☐ Plaintiff holds multiple policies with the same insurer and is entitled to aggregate coverage.

Arbitration vs. Litigation

26. ☐ The policy contains an arbitration provision; Plaintiff elects to submit this dispute to arbitration.
    ☐ The policy does not contain a mandatory arbitration clause; Plaintiff proceeds by civil action.
    ☐ Plaintiff has demanded arbitration and Defendant has failed to participate.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. Compensatory damages for bodily injury, pain, suffering, and economic losses in an amount to be proven at trial;
2. UM/UIM benefits up to the applicable policy limits, including stacked limits if applicable, of $[________________________________];
3. Consequential damages resulting from Defendant's breach and/or bad faith;
4. Prejudgment interest pursuant to R.I. Gen. Laws § 9-21-10;
5. Attorney fees and costs of litigation;
6. Such other and further relief as the Court deems just and proper.

Verification

I, [PLAINTIFF NAME], hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, and that this Complaint is not interposed for delay.

Date: [__/__/____]

Signature: [________________________________]

Rhode Island Practice Notes

• Mandatory Coverage: UM/UIM coverage is required to be offered under R.I. Gen. Laws § 27-7-2.1 for all vehicles registered or principally garaged in Rhode Island; an insured purchasing only the compulsory minimum liability limits may reject UM/UIM bodily injury coverage in writing (reducing it to zero) after signing the advisory notice approved by the director of business regulation. UM property damage coverage may likewise be rejected in writing.
• Underinsured Included: The statute defines "uninsured motorist" to include underinsured motorists. R.I. Gen. Laws § 27-7-2.1(g).
• Stacking Permitted: Rhode Island permits both intra-policy stacking (multiple vehicles, separate premiums, same policy) and inter-policy stacking (multiple policies with the same insurer), up to the aggregate coverage amount, under R.I. Gen. Laws § 27-7-2.1 and case law including Taft v. Cerwonka, 433 A.2d 215 (R.I. 1981), and Constant v. Amica Mut. Ins. Co., 497 A.2d 343 (R.I. 1985). Stacking between policies issued by different, separately incorporated insurers (even under a common corporate parent) has been rejected by Rhode Island courts.
• Statute of Limitations — Contract, Not Tort: A UM/UIM claim against one's own insurer is a claim for breach of the insurance contract, not a personal-injury tort claim against the tortfeasor. The default limitations period for such a claim is the ten (10) year period for contract actions under R.I. Gen. Laws § 9-1-13(a), not the three (3) year personal-injury period under R.I. Gen. Laws § 9-1-14. See American States Insurance Co. v. LaFlam, 69 A.3d 831 (R.I. 2013) (answering a certified question from the First Circuit and holding that Rhode Island will not enforce a policy's contractual limitations clause that is shorter than the ten-year statutory period and that begins running on the date of the accident rather than the date the insurance contract was breached).
• Pure Comparative Negligence: Rhode Island applies pure comparative negligence; damages are reduced by percentage of fault but never completely barred.
• Contractual Limitations: Per LaFlam, 69 A.3d 831 (R.I. 2013), contractual limitation periods that shorten the UM/UIM statutory limitations period, or that begin running on the date of the accident rather than the date of breach, are unenforceable as against public policy in Rhode Island.
• Minimum Limits: $25,000/$50,000 bodily injury; $25,000 property damage (R.I. Gen. Laws § 31-47-2(13)(i)(A), as cross-referenced by § 27-7-2.1(a)).
• Property Damage UM: Rhode Island UM coverage may also include property damage coverage, subject to a $200 statutory deductible per claim and a requirement to identify the at-fault operator to establish lack of insurance. R.I. Gen. Laws § 27-7-2.1(e).
• No Physical-Contact Requirement: Unlike some states, Rhode Island's UM statute does not impose a "physical contact" precondition for hit-and-run bodily injury claims. For hit-and-run property damage claims, however, § 27-7-2.1(e) requires the insured to furnish the name, address, and other identifying information establishing that the at-fault operator lacked insurance — a requirement the Rhode Island Supreme Court has upheld even though, by definition, hit-and-run operators are often unidentifiable. See McVicker v. Travelers Ins. Co., No. 2000-205-Appeal (R.I. 2001).
• Arbitration Is Optional, Not Mandatory, for the Claimant: Every RI motor vehicle liability policy must contain an arbitration provision under R.I. Gen. Laws § 27-10.3-1, but arbitration is elective at the plaintiff's option only for claims of $50,000 or less (pending legislation would raise this threshold to $100,000). A civil action must still be filed within the applicable limitations period even if arbitration is elected; the action is stayed pending the arbitrator's award.
• Bad Faith Is a Distinct Statutory Claim: Rhode Island recognizes a first-party insurer bad-faith cause of action under R.I. Gen. Laws § 9-1-33, which authorizes compensatory damages, punitive damages, and reasonable attorney's fees where an insurer wrongfully and in bad faith refuses to pay or timely perform its obligations under the policy.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Rhode Island attorney before filing. Verify all statutory citations against the current Rhode Island General Laws.