Pursuing an Uninsured Motorist Claim in Wisconsin

Posted by PKSD Law Firm on Sep 27, 2019 in Car Accidents

car accident sceneWisconsin state law requires all motor vehicle operators to carry liability insurance. However, if you are hit by a driver who is either uninsured, underinsured, or worse still, you are the victim in a hit-and-run accident, you may be able to turn to your own insurance to help pay for the damages you sustained.

Contact the experienced Milwaukee car accident lawyers at PKSD for a free consultation. We welcome the opportunity to review your insurance policy and discuss your potential legal options.

Wisconsin UM/UIM Insurance Requirements

Wisconsin requires all motorists to carry minimum uninsured motorist coverage of $25,000 per person and $50,000 per accident for bodily injury.

Uninsured motorist coverage pays for the bodily injury that you, your family or other passengers in the vehicle suffer when you are hit by an uninsured motorist or a hit-and-run driver. Additionally, it covers you and your family member if any of them are injured as pedestrians by an uninsured or hit-and-run driver.

However, uninsured motorist coverage does not cover your property damage. Damage to your vehicle or other property may be covered on your car insurance as collision coverage.

Although Wisconsin law has minimum requirements for uninsured coverage (UM), it does not require you to purchase underinsured motorist coverage (UIM). UIM coverage provides increased bodily injury limits if you are injured in an accident caused by an underinsured motorist.  

Insurance companies are required to notify you that this type of insurance is available. If you decide to purchase it, coverage limits must be at least $50,000 per person and $100,000 per accident.

Safety Responsibility Law

Wisconsin also has a Safety Responsibility Law that is designed to protect individuals who were harmed by uninsured motorists. If a person is involved in an accident that causes an injury, death or property damage in excess of $1,000, the accident must be reported as soon as possible.

If the DMV determines that an uninsured driver was at fault for the accident, the DMV can suspend the negligent driver’s license and vehicle registration if he or she does not:

  • Enter into an installment agreement to pay for the claims
  • Request a hearing to contest the finding of their negligence
  • Make a security deposit in the amount necessary to cover judgments from the crash
  • Submit evidence that the parties involved have settled claims with each other

Filing for Damages After an Accident

If you are injured in an accident with an at-fault driver who does not have insurance, you will probably need to file a claim against your own insurance provider to cover damages, including:

  • Medical expenses, present and future
  • Lost wages
  • Pain and suffering

However, if the at-fault party is insured, but has inadequate insurance to cover all your damages, you can file an initial claim against his or her insurance to recover any damages available. Once you have exhausted coverage through the underinsured driver’s insurance company, you may then file a claim through your provider to provide supplemental coverage.

Who Pays for Your Injuries in an Uninsured Motorist Claim?

Your auto insurance provider initially pays for your injuries after an uninsured motorist claim. However, your insurer can then sue the other driver for any money the insurer paid to you as a result of the at-fault driver’s negligence. 

Contact a Lawyer for Help with Your Uninsured Motorist Claim

If you were injured by an uninsured or underinsured motorist in Wisconsin and need help filing your claim, the experienced lawyers at PKSD are here to help.  If we represent you, we are prepared to handle communications with the insurance company, gather evidence and build a strong case on your behalf, while you focus on your recovery.

Your initial consultation is completely free, and it is a great opportunity for you to ask questions about what to expect during the legal process. Our attorneys work on a contingency fee basis and charge no upfront fees. If we are not successful in recovering compensation on your behalf, we do not get paid.

Call us today at 877-877-2228 to see how we may be able to help.

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