Options for Wisconsin Drivers Hit by an Underinsured Driver

Posted on behalf of Jeff Pitman on August 7, 2019 in Car Accidents
Updated on April 25, 2024

Shock lookIf you get severely injured in a car crash, it is possible the at-fault driver will not have enough insurance coverage to pay your damages. If the at-fault driver only has the minimum insurance policy, a severe injury could quickly exhaust his or her coverage.

You still have legal options in this situation and may be able to get the compensation you deserve. Below, our firm discusses options for drivers who find themselves in this situation.

If you or a loved one has been injured in an accident with an underinsured driver, you should contact an experienced lawyer at PKSD for assistance with your claim. Our lawyers can explain how to prove you were not at fault and different insurance policy factors that may play into your specific claim.

Underinsured Motorist Coverage

Drivers can purchase additional auto insurance coverage to protect themselves in accidents with underinsured or uninsured drivers. An underinsured driver policy may provide for the injured party’s damages if the at-fault driver’s policy does not cover all damages incurred. If this is the case, the victim may be able to claim coverage up to the at-fault party’s policy limits and then collect the remaining difference from his or her own policy.

Advantages of this Coverage

Having underinsured coverage provides the following benefits:

  • The coverage of both parties can cover the costs of injuries for anyone in the vehicle, up to the policy coverage limits
  • Provides for hit-and-run accidents
  • Will pay the difference between the negligent driver’s liability limits and the actual damages incurred, up to the policy limits

Filing a Claim

When filing an insurance claim, the policyholder will need to report the accident and file the claim through his or her insurance carrier. The claim against the insurance carrier is similar to a lawsuit, but the policyholder uses his or her own coverage to make the claim.

We recommend seeking legal counsel from our firm before filing a claim. Chances are that the insurance company will not be looking out for your best interest and will search for ways to devalue your claim. If you have a valid claim and are represented by one of our attorneys, we can handle all communication with the insurance companies and attempt to negotiate a favorable settlement.

Deadline for Filing a Lawsuit

Another possible option for recovering compensation from an underinsured driver is to file a lawsuit. However, all states have a statute of limitations that limits the amount of time you have to file a claim. In Wisconsin, you have three years to file a claim beginning from the date the accident occurred. Property damage claims have a six-year time limit and accidents involving a wrongful death must be filed within two years.

There are some exceptions to this law that your lawyer will be able to walk you through.

Get in Touch with a Skilled Lawyer Today

Car accidents can cause you and your family to suffer financial hardships. This is why we recommend getting in touch with a Wisconsin car accident attorney at PKSD. We may be able to help you pursue the insurance compensation you need to help get your life back on track. If you have a case and choose to be represented by our attorneys, we are ready to investigate your claim and walk you through the legal process.

We do not charge upfront fees or attorney’s fees unless you receive compensation.

Call us today at 414-333-3333 .

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