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Auto Accident Lawyer in Wisconsin: How to Handle an Uninsured Motorist Claim

🚗 Understanding Uninsured Motorist Claims in Wisconsin

Being involved in a car accident is stressful, but when the other driver is uninsured, it adds another layer of complexity. Understanding how to handle an uninsured motorist claim in Wisconsin can help ensure you receive proper compensation for your damages.



⚖ Wisconsin's Auto Insurance Requirements

Wisconsin law mandates that all drivers carry a minimum level of auto insurance, including:

- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage

Additionally, Wisconsin requires uninsured motorist (UM) coverage with at least:

- $25,000 per person
- $50,000 per accident

This UM coverage protects you if you're in an accident caused by a driver without insurance.



🔎 What to Do After an Accident With an Uninsured Driver

If you're involved in a crash with an uninsured driver, follow these steps to strengthen your claim:

📷 1. Document the Scene
- Take photos of the vehicles, damages, license plates, and road conditions.
- Get the contact information of any witnesses.

📞 2. Call Law Enforcement
- Report the accident to the police immediately.
- Request a copy of the accident report for your records.

💬 3. Exchange Information
- Obtain the uninsured driver’s name and contact information.
- If they refuse to cooperate, let law enforcement handle the situation.

🩺 4. Seek Medical Attention
- Even if injuries seem minor, visit a doctor for a medical evaluation.
- Medical records serve as evidence in your claim.

📑 5. Notify Your Insurance Company
- Report the accident to your insurer promptly.
- Ask about filing an uninsured motorist (UM) claim under your policy.



💰 How Uninsured Motorist Coverage Works in Wisconsin

Since Wisconsin is an at-fault state, the driver responsible for the accident must typically cover damages. However, if they lack insurance, your UM coverage kicks in to pay for:

🏥 Medical Expenses – Covers hospital bills, rehabilitation costs, and other medical treatment.
🚙 Property Damage (If You Have Additional Coverage) – May cover vehicle repairs if included in your policy.
💼 Lost Wages – Compensates for time off work due to accident-related injuries.
🩹 Pain and Suffering – Provides compensation for emotional distress and long-term effects of injuries.



📝 Filing an Uninsured Motorist Claim in Wisconsin

When filing an uninsured motorist claim with your insurance provider:

📌 1. Review Your Policy: Ensure you understand what is covered under UM provisions.
📌 2. Provide Evidence: Submit police reports, medical records, and witness statements to support your claim.
📌 3. Cooperate With Investigations: Your insurer may request additional details or perform its own investigation.
📌 4. Negotiate a Fair Settlement: Insurers may attempt to minimize payouts; consult a lawyer if necessary.



⚠️ Challenges in Uninsured Motorist Claims

Even if you have UM coverage, you may face obstacles such as:

🛑 Disputes Over Fault – Insurance companies might try to argue liability.
📉 Low Settlement Offers – Insurers often propose initial payouts that don't fully cover damages.
🚧 Policy Limitations – If damages exceed your UM policy limits, you may need to pursue additional legal action.

In cases where compensation from your insurer is insufficient, consulting an attorney can help you explore legal options like suing the at-fault driver directly.



⚖️ Can You Sue an Uninsured Driver in Wisconsin?

Yes, you can sue an uninsured driver for damages. However, this route has challenges:

💸 Collectability: Many uninsured drivers lack assets to pay a settlement.
⏳ Legal Costs: Lawsuits can be costly and time-consuming.
⚠️ Alternative Options: Some victims pursue personal injury claims against liable third parties (e.g., negligent vehicle owners).

If you choose to sue, an experienced auto accident lawyer can guide you through the process and assess the financial viability of your case.



🛡️ Underinsured Motorist (UIM) Coverage: Another Layer of Protection

In addition to UM coverage, Wisconsin drivers should consider Underinsured Motorist (UIM) coverage, which helps if the at-fault driver’s policy isn't enough to cover your expenses. UIM coverage typically applies when:

✅ The other driver has insurance but not enough to cover all damages.
✅ Your medical bills and losses exceed the at-fault driver's liability limits.
✅ You have sustained significant injuries that warrant additional compensation.

Having both UM and UIM coverage ensures greater financial protection in case of an accident with an uninsured or underinsured driver.



📝 Statute of Limitations for Filing a Claim in Wisconsin

Wisconsin law sets deadlines for filing legal claims after an accident:

⏳ Personal Injury Claims: 3 years from the date of the accident
⏳ Property Damage Claims: 6 years from the date of the accident
⏳ Uninsured Motorist Claims: Check with your insurer—policies often impose shorter deadlines

Failing to file within these time limits can result in losing your right to compensation.



📢 Final Advice: Protect Yourself Against Uninsured Drivers

While you can't control other drivers' decisions, you can take steps to protect yourself financially:

✔️ Carry Adequate UM/UIM Coverage: Consider increasing policy limits beyond state minimums.
✔️ Stay Informed About Your Rights: Understand how Wisconsin’s laws apply to uninsured motorist claims.
✔️ Consult a Lawyer if Needed: An attorney can help negotiate with insurers or pursue additional legal action if necessary.

By knowing how to handle an uninsured motorist accident properly, you can secure rightful compensation and avoid unnecessary legal complications in Wisconsin.

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