Living in Westerly , Rhode Island, on the boarder of Connecticut, means that car accidents are often times not cut and dry claimes. The law is different across the boarder in CT and you may need to decide which law is needed to maximize your claim. Attorney James Hall is licensed to practice in both Connecticut and Rhode Island.
Here are a few questions that should be considered as your pursue your claim:
- Which State were you in when it happened. The location of your accident matters. If you are injured in Connecticut (or Massachusetts) this means your case will likely not be decided by the laws of Rhode Island. Even if you are a resident and receive your medical treatment in Rhode Island. You may need to bring a claim in Rhode Island or it may be a CT or Massachusetts case depending on where the other drivers live. Sometimes the laws of Rhode Island are better or worse for your case as compared to the Connecticut or Massachusetts vehicle laws. As an Attorney licensed in both Rhode Island and Connecticut, I can help you decide where and when to file your case.
- Where does the other driver live? Where all parties live also plays a factor . Whet if the collision happens in Connecticut but you both live in Rhode Island? We can help determine whether Rhode Island has a substantial interest and if the case should be filed in one state or another to maximize your results and achieve a quicker resolution.
- What if both parties are at fault? An insurance company or the other side may try to blame you for causing the collision, but in Rhode Island , you may have a case even when you are more than 50% responsible for the accident. Connecticut law prevents you from winning anything if you are more than 50% at fault. By obtaining sworn statements (or taking depositions) of the parties to an accident, we are often able to help our clients prove that the other side is also partly responsible for causing the accident.
- ” But the Police Report Says”… Police in Rhode Island DO NOT ultimately decide who caused the accident in court. Both Connecticut and RI have laws dealing with evidence that limit different laws that favor the introduction of evidence from eyewitnesses including passengers and other forms of physical evidence to help a judge or jury decide who is to blame. In other words, just because the police report says that you (or another party) is to blame, does NOT make this a fact in court. A lawyer can help position this evidence to help win your case.
Insurance Company Secret.
Rhode Island Law allows you to collect 8% interest on your settlement from the date of the accident. Connecticut does not allow interest unless you file an Offer to Compromise the claim. Very rarely will an insurance carrier offer to pay interest unless you know how to raise the issue. Imagine a $100,000 settlement that takes five years. With compounding interest, an attorney in Rhode Island could argue you are actually entitled to almost $150,000!! Knowing when and how to argue this in both Rhode Island and Connecticut is essential to getting what you deserve for waiting.