According to the traditional fault-based (tort) liability system in Wisconsin, the driver legally determined to have caused the accident is responsible for covering the medical expenses of those injured. But this is only possible if the injured victim can provide sufficient evidence to establish liability. Once fault is proven, the injured party has the right to pursue compensation from the at-fault driver’s auto insurance carrier.
As straightforward as it sounds, it rarely happens that way in personal injury cases. Regardless of how much physical evidence you have against the other party, their insurance company may try to dispute your claim or minimize their liability to protect their own bottom line.
Who Covers Medical Costs After an Accident in WI
Every driver who registers and operates a vehicle in Wisconsin is legally required to carry a minimum amount of liability auto insurance as a way to pay for any injuries and property damages they cause to other people in an accident. Known as 25/50/10 coverage, the law has specified these limits:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to all persons in a single accident
- $10,000 for property damage
Assuming the at-fault driver is carrying this vehicle liability insurance (it’s mandatory), their insurance company is legally responsible for covering your medical bills after a car crash in Wisconsin, including:
- Emergency room visits
- Hospital stays
- Follow-up appointments
- Physical therapy
- Medications
- Future medical costs related to the injury
The Insurance Company Won’t Pay Immediately
Remember that the other driver’s insurer won’t be paying medical expenses as they’re incurred. Unlike health insurance, auto liability carriers don’t issue rolling payments for treatment even if you have adequate medical payments coverage. Instead, they offer a one-time settlement after you have completed medical care and the full extent of your injuries is known.
If you have health insurance, your doctors may bill it first. If your auto insurance policy includes Medical Payments (Med Pay Insurer) Coverage, use it to pay for your medical expenses, regardless of who was at fault. It covers out-of-pocket costs (deductibles, co-pays, or treatment that health insurance may not fully reimburse) up to the limits you purchased.
When you’re paying for treatment from your own auto or health insurance policies or out of your own pocket, it may be tempting to accept the first settlement offer by the other driver’s insurer. Don’t make this mistake. You shouldn’t consider resolving your claim until your physicians determine you have reached Maximum Medical Improvement (MMI).
MMI indicates that your condition has stabilized and is unlikely to improve with further treatment. Settling prematurely could result in a low payout in auto accidents if future procedures, therapy, or long-term care become necessary.
Moreover, when you do accept a settlement, that compensation is also intended to reimburse any third parties who paid for your care in the interim. This includes health insurance providers who may assert subrogation rights, as well as any balances you paid directly.
The state law allows subrogated parties to be reimbursed from your settlement proceeds, subject to certain reductions if your Wisconsin car accident lawyer negotiated a compromise and subject to Wiscon’s Made Whole Law.
What If the At-Fault Driver’s Insurance Isn’t Enough?
Considering the cost of medical care today, it’s no wonder that the minimum coverage amount required by Wisconsin law is quite low. The $25,000 per person and $50,000 per accident (for all injured people) is rarely sufficient when the victims sustain serious or permanent injuries.
If the other driver (or owner of the vehicle) has insufficient coverage or no insurance at all, you may be able to get additional compensation through the UM/UIM (Uninsured/Underinsured) motorist coverage of your own auto policy.
In Wisconsin, about 15% of all registered drivers don’t carry any auto insurance, so there’s always a chance that your accident may be with an uninsured driver or vehicle. Your own uninsured motorist coverage is then the only place you can turn for compensation. You can sue the at-fault driver if you wish, but uninsured or underinsured drivers rarely have enough assets to make this worthwhile.
Other Avenues to Obtain Compensation After an Accident in Wisconsin
In some car accidents, the negligent driver isn’t the only party that could be held liable for your injuries. Seasoned Wisconsin car accident lawyers will investigate the liability of all potential parties, such as:
- The vehicle owner (if different from the driver)
- Employer of the commercial vehicle (under the “respondeat superior” doctrine)
- Other drivers who may have contributed to the auto accident
- City, county, or state government (for unsafe road design, missing signage, or lack of maintenance)
- Vehicle manufacturers or auto part makers (for a defective component)
- Bars or restaurants (dram shop liability)
- Car repair mechanics (for negligent repairs or inspections)
- Insurance coverage of rideshare companies
An experienced Wisconsin car accident attorney can identify all parties who share blame for your accident to maximize the amount of the settlement. If more than one person or organization is at fault, an experienced car accident lawyer will collect evidence to build a strong personal injury claim for damages from all the defendants.
Our Car Accident Lawyers Will Fight to Maximize Your Financial Compensation
When you settle a car accident injury claim, not all of that money goes directly into your pocket. Before you receive your final net compensation, certain reimbursements have to be made towards your treatment bills, legal fees, and subrogation claims (money owed back to insurers or providers who paid your bills up front).
How much of that personal injury settlement you get to keep depends on how strategically those bills and reimbursements are handled during your case.
At Gingras, Thomsen & Wachs, our attorneys will move fast to collect evidence after your Milwaukee car accident occurred to establish liability. From collaborating with healthcare providers for your medical treatment to calculating the real cost of your serious injuries and losses, our legal team takes care of every aspect of your claim.
To schedule your free consultation, call us today at 855-954-1186.
