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In Wisconsin, 13.3% drivers do not carry liability insurance, while many only have the minimum liability coverage, which fails to cover the full extent of damages incurred in catastrophic car accidents. If an underinsured driver injures you, the repercussions may range from long-term disability to financially-crippling medical costs.

At Gingras, Thomsen & Wachs, LLP, we help car accident victims in Madison, Wisconsin, recover compensation in these situations, file an underinsured motorist claim under their own insurance policy, or bring a personal injury lawsuit against a third party that might have been responsible.

How Underinsured Motorist Coverage Works in Madison, WI

Underinsured Motorist (UIM) coverage is an optional car insurance provision in Wisconsin that covers you and your passengers for bodily injury if the at-fault driver’s insurance limits are too low to cover the damages from the motor vehicle crash they caused. If the other driver’s insurance policy limit is insufficient to cover your damages, you can turn to your UIM coverage for additional compensation.

UIM insurance in Wisconsin only pays for medical expenses, pain and suffering, lost wages, and other injury-related losses. It does not include property damage.

If a dispute arises regarding the underinsured nature of the vehicle, the burden of proof lies with the claimant. It is up to you, as the policyholder or claimant, to:

  • Establish “liability” by providing proof that the other driver was at fault.
  • Document the extent of the damages incurred.
  • Show that the negligent driver’s liability limits are less than your underinsured motorist coverage limits and are inadequate to cover the full extent of your damages.

It is prudent to consult with a car accident attorney early in the process. They will not only guide you through the underinsured motorist claims procedure but also collect the necessary evidence and negotiate with the insurers on your behalf to ensure you receive the highest possible settlement amount.

Steps Our Lawyers Will Take to Help You Pursue an Underinsured Motorist Claim in Madison, WI

If you have suffered injuries in a motor vehicle accident where the at-fault driver was underinsured, you should reach out to our car accident lawyers in Madison at Gingras, Thomsen, and Wachs, LLP, as soon as possible to schedule a consultation. Our auto accident lawyers have extensive experience with auto insurance claims to ensure your interests are well-protected when filing an underinsured claim.

It is recommended that you contact us before you officially notify your insurance company of your intent to file a claim. We can make sure your initial communications are well-crafted to avoid giving any statements that could be used to devalue your claim. Once Gingras, Thomsen & Wachs represents you, here are the necessary steps we will take on your behalf to protect your claim for damages.

Step 1: Confirming your coverage

Our knowledgeable personal injury attorneys will review your auto insurance policy to confirm that you have UIM coverage and to understand its limits. We will assess all the policy details and advise you on the best way to proceed. If any clause or term in your policy requires clarification on any aspect, we will address it with your insurance agent.

Step 2: Compiling the paperwork

We will collect and organize all relevant information related to your crash, including the date, time, location, and description of the event. We will obtain a copy of the police report from the Madison Police Department and scrutinize it carefully to ensure there are no discrepancies in this document. We will help you collect all medical bills related to common car accident injuries you sustained. If there were any witnesses to the accident, we will reach out to obtain their statements that could bolster your claim.

Step 3: Notifying the insurance company

Our personal injury attorneys will notify your auto insurance provider about the crash and your intent to pursue a UIM claim. Your UIM insurance company will then open a claim, assign a car accident claim number, and appoint a claims adjuster to handle your case. Our team will provide the relevant documentation to the adjuster, including:

  • Police report
  • Medical records and bills
  • Proof of lost wages
  • The declaration page of the at-fault driver’s insurance policy shows their insurance coverage limits.

Step 4: Claim assessment and negotiations

The claims adjuster will evaluate your damages and injuries and compare them to the limits of the at-fault driver’s insurance policy. At this stage, your insurer may present a settlement offer based on the assessed damages and the limits of the underinsured motorist policy. Our attorney will negotiate on your behalf to ensure the settlement is fair. If a satisfactory agreement cannot be reached, our legal team at Gingras, Thomsen & Wachs is prepared to go to trial to fight for maximum compensation for you.

How Our Personal Injury Lawyer Will Help Maximize Your Recovery in Madison Underinsured Motorist Claims

Insurance companies have teams of aggressive adjusters to negotiate in order to diminish your claim for damages and minimize their own liability. At Gingras, Thomsen & Wachs, LLP, we can level the playing field in your favor by:

  • Identifying all sources of coverage and loopholes that might be exploited by insurers, including policy exclusions and endorsements that might impact your claim.
  • Comparing Wisconsin state laws with policy conditions to ensure your rights under local insurance laws are fully leveraged.
  • Manage subrogation claims made by your health insurance against your settlement effectively and negotiate to reduce them to maximize your net settlement.
  • Working with experts to forecast projections of lost earning capacity and future medical expenses.
  • Collaborating with top physicians to provide testimony about the causation and extent of your injuries.
  • Employing accident reconstruction experts, forensic analysts, and automotive engineers to prove the other party’s liability and the impact of the crash.

Frequently Asked Questions About Underinsured Motorist Claims in Madison, Wisconsin

How much can I get from a UIM claim in Wisconsin?

It depends on who caused the accident, your injuries, your treatment costs, lost wages, and other associated costs, such as rehabilitation. After valuing your claim, our Madison, WI car accident lawyer can give you a more precise answer.

What is the statute of limitations for filing a UIM claim in Madison, WI?

You have three years to file a claim from the date you finalize your underlying claim against the at-fault party. However, the earlier you get legal representation from our UIM lawyers in Madison, the higher will be your chances for financial recovery. We will collect and preserve the evidence before it gets diluted or disappears and build a robust claim for damages on your behalf.

Why Choose Gingras, Thomsen & Wachs, LLP as Your Underinsured Motorist Lawyers in Madison, WI

35+ Years of Experience in Personal Injury Claims and Auto Insurance Disputes

At Gingras, Thomsen & Wachs, our Madison car accident lawyers and underinsured motorist claims attorneys have decades of experience and a proven history of securing over $200 million in settlements and verdicts. We are committed to fighting for the rights of motor vehicle accident victims in Madison, WI and pursue maximum compensation for their injuries and losses.

Local Recognition and National Acclaim

U.S. News & World Report recognizes Gingras, Thomsen & Wachs, LLP as one of the best regional law firms. Our reputation for excellence comes from our peers and numerous satisfied clients. Our Madison underinsured motorist attorneys are not only skilled negotiators and litigators; they are also deeply committed to the community and to the clients they serve.

Client-Centric Contingency Fee Structure

Our clients pay no upfront fees to get legal representation for their personal injury claims. You will only pay a fee if we successfully recover compensation on your behalf. Our personal injury lawyers strive to obtain the maximum possible recovery without placing you under any financial stress or risk. 

If you are injured by an underinsured driver, call us at 608-807-0039 or contact us online for a free consultation and legal help with underinsured motorist claims in Madison today.

Nationally Recognized Law Firm