A car accident can be physically and emotionally devastating, but the situation becomes more complex when the negligent driver has no insurance. Wisconsin requires motorists to carry auto liability insurance, but many drivers violate this law. In uninsured motorist accidents, it is important to consult an experienced personal injury lawyer to explore your options for financial recovery.
Minimum Auto Insurance Coverage Requirements in Wisconsin
Every driver in Wisconsin must carry automobile liability insurance. The following minimum coverage limits are imposed under Wisconsin Statutes § 344.62:
- Bodily injury or death of an individual: $25,000
- Bodily injury or death of two or more individuals: $50,000
- Property damage: $10,000
In addition, it is mandatory to include Uninsured Motorist (UM) coverage in every vehicle insurance policy. Minimum limits for UM coverage include:
- Per individual: $25,000
- Per accident: $50,000
Insurance companies are required to offer Underinsured Motorists coverage (UIM), but it is not mandatory to carry this insurance.
Can You Claim Damages in Uninsured Motorist Accidents?
If the at-fault party in Wisconsin has no auto accident liability coverage, you cannot claim compensation from their insurance company for your injuries and losses, even if you have uninsured or underinsured motorist coverage. However, you may still have legal options for financial recovery, depending on your uninsured or underinsured driver coverage.
File a Claim Under Your Uninsured Motorist Coverage
When you are injured in an accident with an uninsured driver, your own uninsured motorist coverage provides you with an opportunity to file an uninsured motorist claim. The car insurance company will pay the following under your uninsured motorists claim:
- Medical bills
- Lost income
- Pain and suffering
- Funeral/burial expenses (in wrongful death cases)
If you were injured in a hit and run accident in Wisconsin, where the license plate number of the at-fault driver may or may not be identified, your UM coverage might still be applicable.
While UM coverage in Wisconsin includes bodily injury coverage, it does not include vehicle damage. For this coverage, you should have a separate coverage called Uninsured Motorist Property Damage (UMPD), which is not mandatory in the state.
Most people assume their own insurance company will be on their side after a crash involving an uninsured driver. Unfortunately, that’s not always the case.
When you file an uninsured motorist (UM) claim, your insurance company technically acts as the opposing party. Although a UM claim arises from your own insurance policy — a first-party, contractual relationship — the moment your insurer disputes coverage or refuses to pay the amount you believe is owed, the process becomes adversarial. Each side is now advocating for its own interests, just like in any other legal dispute.
This is why it’s so important to have an experienced car accident attorney on your side. Your insurance company may minimize your injuries, question your damages, or delay payment in an effort to protect its bottom line. An attorney can ensure you are treated fairly and fight for the full compensation you’re entitled to under your policy.
Filing a Claim Against Uninsured Drivers
In Wisconsin, you have a right to pursue a claim against the uninsured motorist by filing a personal injury lawsuit. Even if the at-fault uninsured driver has a relatively weak financial ability to pay compensation as a lump sum amount, the court may order payments to be made over a period of time. If necessary, the court may also garnish wages or attach liens to the properties of the defendant.
If you’re involved in a hit-and-run accident and only catch the other vehicle’s license plate number, your uninsured motorist (UM) coverage may still apply
Recovery of Property Damages through Collision Coverage
Your insurance provider can reimburse you for car repairs or replace your vehicle if you have purchased collision coverage. No matter who is at fault in car accidents in Wisconsin, collision coverage pays for property damage. Notably, this coverage is optional in Wisconsin, so you should consider it especially if you own an expensive vehicle.
MedPay Coverage in Wisconsin
MedPay or Medical Payments coverage is optional in Wisconsin, but if your auto insurance policy includes MedPay, you will have coverage for your immediate medical costs, irrespective of whose negligence caused your accident and injuries. It usually covers the following expenses:
- ER visits
- Surgery costs
- Hospital stay
- Post-treatment rehab
MedPay coverage is for a relatively small amount, but it can provide immediate financial relief while your claim for UM coverage with the insurance provider is under review. Importantly, Wisconsin does not have Personal Injury Protection (PIP) coverage.
Why You Should Have a Lawyer on Your Side for UM Claims
Even if the insured driver has purchased adequate insurance for their protection, the challenge arises when someone else’s negligence leads to their accident, and the negligent party has no insurance. In this situation, when you pursue an uninsured motorist (UM) claim with your insurance company, they may:
- Undermine or question the seriousness of your injuries
- Dispute the uninsured status of the other driver
- Ask for extensive documentation and evidence of causation
- Adopt delay tactics or offer a lowball settlement amount
You should note that although the Wisconsin statute of limitations gives you three years to file an uninsured motorist claim, you may be required to notify your insurance company as soon as possible after the accident. Your policy may also specify a shorter time limit for submitting your UM claim.
If you have representation from an experienced personal injury attorney, they will:
- Promptly notify your insurance company of your claim
- Collect medical records and other necessary documentation to establish your legitimate claim for damages
- Engage in aggressive settlement negotiations with the insurer on your behalf
- Evaluate any other insurance policies you may have, such as umbrella policies, homeowners’ insurance, or employer insurance
Tips for Your Financial Protection Against Accidents
Considering the fact that a significant number of motorists in Wisconsin may not have insurance, it may be prudent to protect yourself adequately against financial risks in case of an accident.
- Buy a higher amount of UM insurance coverage instead of settling for the mandatory minimum amount imposed by the state.
- Include underinsured motorist (UIM) coverage in your policy, even though it is not mandatory in Wisconsin.
- To protect against vehicle damage losses, purchase adequate property damage coverage, such as collision insurance or UMPD.
- Get legal help for uninsured driver accidents in Wisconsin as soon as possible to recover maximum damages.
Get Strong Legal Representation from Our Proven Car Accident Lawyers
If you or someone you love has suffered injuries in an accident due to another’s negligence, the experienced auto accident attorneys at Gingras, Thomsen & Wachs are ready to fight for you. We will identify every possible avenue to maximize your financial recovery and build a strong case to hold the defendants liable for damages. To schedule your free consultation, call us at 855-954-1186 or contact us online.
