A car accident can lead to life-altering injuries and the victim may be left struggling with mounting medical bills, lost income, and prolonged pain and suffering. If the accident occurred due to another’s fault, but they are underinsured, it may get harder to recover compensation from the at-fault driver’s car insurance company.
In this situation, you need legal help from a personal injury lawyer to explore all possible avenues for financial recovery.
Minimum Insurance Requirements for Drivers in Wisconsin
Wisconsin is a fault state, which means if you are injured in an accident caused by another person, the negligent party and their insurer are liable to compensate you. The state has mandated minimum auto insurance policy liability amounts to protect against an underinsured or uninsured motorist claim for accident-related damages. Wisconsin minimum car insurance liability coverage amounts are as follows:
Liability for Bodily Injury
- $25,000 per injured victim
- $50,000 per accident if two or more persons are injured
Liability for Property Damage
- $10,000 per accident for damage caused to another’s vehicle or property
Uninsured Motorist Coverage Wisconsin
- $25,000 per injured victim
- $50,000 per accident if two or more persons are injured
Notably, while uninsured motorist (UM) coverage is mandatory in Wisconsin, underinsured motorist (UIM) is an optional coverage in the state. Wisconsin also does not have Personal Injury Protection (PIP) coverage.
Minimum Coverage is Not Enough to Pay for Your Damages
In a realistic sense, the minimum insurance requirements for Wisconsin drivers are inadequate, considering the high costs of medical care and other related expenses these days. Even if you have high uninsured or underinsured coverage, most insurance companies will undervalue your claim in car accidents.
Suppose the accident resulted in catastrophic injuries or a wrongful death. In that case, the mandatory minimum coverage amounts may prove to be woefully inadequate for the injured victim or the survivors who lost a loved one.
How Underinsured Motorist Coverage Works in Wisconsin
Although underinsured motorist (UIM) coverage is not mandatory in Wisconsin, it can offer some financial protection in an accident if you have it in your policy. UIM coverage becomes applicable once the liability insurance limits of the at-fault driver are exhausted and your financial claim exceeds those limits.
Example Scenario: Consider a situation where you purchased a high UIM coverage of $300,000, while the negligent motorist who caused your accident only had $25,000 bodily injury liability coverage. Following your claim for damages, the at-fault driver’s insurance company may pay you only up to $25,000 based on the coverage limit.
The remaining $275,000 can be claimed from your insurance company, from whom you purchased UIM coverage for $300,000, depending on your actual damages.
Steps to File an Insurance Claim When the At-Fault Driver Does Not Have Enough Coverage
At Gingras, Thomsen & Wachs, our knowledgeable personal injury attorneys will diligently pursue your claim for medical expenses, lost wages, and pain and suffering when you are injured in a collision with an uninsured or underinsured motorist.
Identify the Potential Liable Parties
Our attorneys will investigate whether any other parties besides the negligent driver may be held liable for your injuries:
- The car owner, if different from the uninsured or insured driver
- Employer, if the at-fault driver was operating a company car
- Car manufacturer or maintenance company
- State or city agencies in cases involving defective roads or poor signage
Explore All Possible Sources of Coverage
Our lawyers will find out whether the negligent driver has any additional sources of insurance coverage that could pay for your damages:
- Household policies
- Business policies
- Umbrella policies
Our legal team will also assess your insurance policy for additional coverage, such as MedPay or collision coverage.
Pursue an Underinsured Motorist Claim
We will swiftly file a UIM claim to recover compensation from your insurance provider. You should know that UM and UIM claims are adversarial in nature. Your insurance company will demand evidence of the other driver’s negligence and documents showing that their policy limit is exhausted.
Engage in Settlement Negotiations
We will vigorously negotiate a settlement with the insurance company on your behalf. Based on our formidable record of financial recoveries and our trial experience, the insurer may agree to settle fairly. If not, we will be prepared to fight a bad-faith lawsuit in court.
Advantages of Legal Representation from Our Auto Accident Lawyers
In injury claims against an underinsured or uninsured driver, the insurance companies in Wisconsin may:
- Fail to recognize the full extent and value of your injuries
- Use delay tactics to frustrate you, hoping that you will settle for less
- Diminish your claim by arguing you were partially to blame for the crash
- Deny your insurance claim on the basis of policy technicalities
At Gingras, Thomsen & Wachs, our seasoned Wisconsin car accident attorneys have the skills and resources to take on powerful insurance companies and aggressively negotiate a fair settlement for your injuries and losses. However, we will be fully prepared to take the legal battle to the courtroom if a settlement is not reached.
When needed, our attorneys will work with accident reconstructionists, economists, and medical specialists to establish:
- Fault of the other driver
- Severity of your injuries
- Current and future wage loss
- Full extent of your pain and suffering
- Your need for long-term care and rehab
Get Our Experienced Wisconsin Personal Injury Attorneys on Your Side
Catastrophic injuries in an accident can have a life-altering impact on you and your family. If the at-fault driver is underinsured, challenges increase for your full financial recovery. Our top-rated Wisconsin personal injury lawyers at Gingras, Thomsen & Wachs are determined to fight for maximum compensation for your injuries and losses.
Our lawyers will carefully evaluate complex insurance policies, pursue every possible layer of coverage available, negotiate strongly with the insurance company, and remain trial-ready at all times. When the stakes are high, you don’t have to wait after a serious accident to explore policy limits on your own. Reach out to our legal team as soon as possible. To schedule your free consultation, call us at 855-954-1186 or contact us online.
