When several people are injured in the same auto accident in Wisconsin, they each have the legal right to file a separate claim to recover compensation for their injuries and losses. If all the injured victims were traveling in the same vehicle, they would all claim financial compensation from the same insurance policy (that of the at-fault driver).
In these cases, the claimants end up competing for a limited pool of insurance money. Every auto insurance policy in Wisconsin includes certain liability limits. The minimum required coverage is $25,000 per person and $50,000 per accident for bodily injury. The “per accident” limit is the maximum amount the insurance company will pay in total, regardless of how many people are injured.
In a car accident case, if a driver has four passengers and all of them have sustained serious injuries, all four may be able to file personal injury claims with the same lawyer, but they will be drawing from that same $50,000 limit.
Obtaining Fair Compensation for Multiple Accident Victims
If you were driving a car with your loved ones as passengers, and a negligent driver crashed into you, each of you would probably have very different injuries and would require different medical treatments. Your medical bills and long-term losses (such as current and future lost wages, emotional trauma, reduced quality of life) will be different as well.
However, the insurance company isn’t required to pay more than the policy allows. The minimum amount of Uninsured motorist coverage (UM) required by Wisconsin law is $25,000 per person and $50,000 per accident for bodily injury. This insurance is mandatory to protect yourself; it doesn’t protect the other driver. The coverage limits for Underinsured motorists (UIM) coverage is $50,000 per person and $100,000 per accident. This one is optional.
If the total value of everyone’s injuries exceeds these policy limits, the insurer may offer a lump-sum settlement. The injured parties must then decide how to divide it, either through joint agreement or through individual legal action.
If you don’t know the other victims (or even if it’s amongst you and your loved ones) and you cannot agree on a settlement amount for each person, the insurance company may very well deny some of the claims. If the at-fault driver’s insurance has denied to settle your claims, each of you has the option to decide whether you want to file a personal injury lawsuit against the at-fault driver.
Why Hire an Attorney After an Accident with Several Injured Parties
Due to the complexity of these multi-injured or multi-vehicle accident claims (against one or more responsible parties or insurance companies), each individual must speak with an experienced car accident lawyer in Wisconsin.
Depending on the circumstances, it may be necessary for everyone to retain separate legal counsel. Even if they were passengers in the same vehicle, friends, family members, or strangers, their interests may not be the same.
For example, you may require extensive surgeries in the future, while your friend may have sustained an injury that has left them with a permanent disability. The insurance company may offer you a reasonable settlement offer early on, but they may stall paying for your friend’s injury. You may decide to accept the money, but your friend will have no choice but to litigate.
One car accident attorney may not ethically represent multiple injured parties in the same car accident if advocating for one could compromise the outcome for another.
If the injuries are minor (cuts, scratches, concussion) and all the parties agree to cooperate, one personal injury lawyer (same attorney) may handle all of their claims as long as there’s no conflict of interest.
Do Injured Victims from the Same Family Need to Hire Separate Lawyers?
If you, your spouse, parents, kids, or siblings were injured in an accident while riding in the same vehicle, you can all be represented by the same personal injury attorney early in the claim process. But whether you all can continue that way depends on one factor: if there’s any “conflict of interest”.
If the injuries are fairly superficial and don’t require immediate or extensive medical attention, and there’s no competition for the limited insurance money, one legal team might be able to ethically represent the whole family.
However, once there’s a realistic chance that each person may need to compete for a share of the at-fault party’s insurance policy, it might create an ethical conflict. Then, separate legal representation in car accidents becomes necessary for multiple victims to seek compensation.
It’s also important to note that if you were driving, your injured passenger could potentially bring a claim against your auto insurance policy. Even if you weren’t at fault for the crash.
If the at-fault driver’s liability coverage is too low to fully compensate your family/friend for their injuries, they may need to explore other sources of compensation, including your own auto policy. Your bodily injury liability insurance may serve as a secondary or fallback source of coverage for your passengers. This is another reason why it’s important to have a lawyer.
How Your Insurance Works in Case of Multiple Injuries in One Accident in Wisconsin
In addition to (or instead of) filing a claim with the liability insurance of the at-fault party, you may also be able to file a claim under your policy if:
- The driver (and owner) of the other vehicle doesn’t have auto insurance, or if it was a hit-and-run accident. You can claim compensation from your Uninsured Motorist (UM) coverage.
- The driver (and owner) has insurance, but it isn’t sufficient to cover all of your medical expenses. This is common when several people are injured and have to split a small liability limit. You can claim compensation from your Underinsured Motorist (UIM) insurance coverage.
Choose Our Dedicated Car Accident Lawyers for Your Injury Claim in Wisconsin
The personal injury attorneys at Gingras, Thomsen & Wachs have the skills, experience, and resources to strongly represent you, no matter the complexity of your claim. To learn more, check out our guide on personal injury claims. To schedule a free consultation, contact our offices today or call 855-954-1186.
