The law in the state of Wisconsin requires that all drivers carry auto insurance. Sadly, there are still situations in which you may be involved in a crash with an uninsured driver. For example, you might crash into someone who is driving a stolen car or a person who is explicitly excluded from the vehicle owner’s policy. Or, maybe the other driver simply allowed his or her insurance policy to lapse.
Do you have any recourse in such a situation? What can you do about your medical bills? A qualified personal injury lawyer can help you find the answers to these questions and any others that you might have following an uninsured motorist accident.
Do Not Make Assumptions About the Other Driver
Many people automatically assume that an uninsured driver is “poor.” More specifically, the common presumption is that since the driver does not have insurance, he or she cannot afford to pay out for medical expenses, property damage, or other losses experienced by the victim. This is not always the case, however. The driver who hit you could have been a young teen with a history of driving recklessly, so their parents took him or her off the policy to avoid liability. Such a driver could still have the means to cover your losses. Alternatively, the person that hit you could have non-liquid assets that a judge could find as sellable in order to cover your expenses. Either way, talk to an attorney before you make any decisions about what you think the other driver can afford to pay.
When All Else Fails
Not everyone can pursue damages from an uninsured driver after an accident. The person might not have any assets worth selling, or they may not even be a licensed driver. In such cases, your own insurance may be another option. Hopefully, you have comprehensive and collision coverage, and if you are a licensed Wisconsin driver, you almost certainly have uninsured/underinsured motorist coverage as well.
In such a situation, it is critical that you speak to an attorney. You might be surprised to learn what you can or cannot pursue compensation for, even when filing against your own insurance company. In addition, getting your insurer to pay your claim is not always as straightforward as it should be.
A Green Bay Car Wreck Attorney Can Help
It might seem counterproductive to hire an attorney if you are filing against your own insurance company. They have to pay out after all that you have paid in premiums, right? Unfortunately, this is not always the case. Many insurance companies—even those paying out to their own policyholders—often work hard to limit their payouts. This saves them money and increases their profits. Protect your rights, including your right to pursue fair compensation, by contacting an experienced Appleton uninsured car accident lawyer at Herrling Clark Law Firm, Ltd. Call with a member of our team today.
Sources:
https://www.amfam.com/resources/articles/on-the-road/accident-with-uninsured-driver
https://www.esurance.com/info/car/uninsured-and-underinsured-coverage