Dealing with the aftermath of a car accident can be difficult, especially if a person has experienced significant injuries or extensive damage to their vehicle. In many cases, insurance coverage is available, and insurance claims may be made under the policy of the driver who was at fault for the collision. However, there are some situations where a driver may not be insured, or their policy may not fully cover the injuries and damages suffered by other drivers or passengers. This is a significant concern since studies have found that around 13 percent of drivers in Wisconsin are uninsured.
Fortunately, there are other options for receiving coverage in cases involving uninsured and underinsured drivers. By understanding when this type of coverage will apply, a person can make sure they will receive compensation for their injuries and damages.
Uninsured/Underinsured Motorist Coverage in an Auto Insurance Policy
Drivers or others involved in a collision may be able to receive uninsured motorist coverage in cases where an at-fault driver did not have insurance, or underinsured motorist coverage may apply depending on the various “policy limits” in play. In Wisconsin, all liability insurance policies are required to include uninsured motorist coverage for bodily injuries of at least $25,000 per person and $50,000 per accident. While underinsured motorist coverage is no longer mandatory in Wisconsin, if a person opts to include this type of coverage in their policy, the minimum coverage limits for bodily injuries are $50,000 per person and $100,000 per accident. A person can also purchase additional uninsured/underinsured motorist coverage and increase the limits on their policy or add coverage for property damage.
Uninsured motorist coverage will be available in any accidents involving uninsured motor vehicles. Under Wisconsin law, this coverage will apply in the following situations:
- The driver who was at fault for a collision did not have a valid liability insurance policy.
- The at-fault driver had insurance or was self-insured, but the insurer has been declared insolvent in court, such as by filing for bankruptcy.
- An accident involved a “phantom motor vehicle,” meaning that it was caused by the actions of another driver, but the two vehicles did not make physical contact, and the victim was unable to identify the other vehicle or driver. In these cases, the accident must be reported to a police department or the Wisconsin Department of Transportation within 72 hours, and a person must make a statement under oath to their insurer regarding the causes of the accident within 30 days.
- A person was involved in a hit-and-run accident and was unable to identify the other vehicle or driver.
Contact Our Appleton Uninsured Driver Accident Lawyers
If you have been in an accident that was caused by an uninsured or underinsured driver, you will need to make sure you receive the coverage you deserve through your own insurance policy. Herrling Clark Law Firm Ltd. can provide you with legal representation as you make an insurance claim, and we will fight to make sure the coverage you receive fully addresses your injuries. To learn how we can help you file insurance claims or pursue compensation through other means, contact our Green Bay uninsured motorist accident attorneys at 920-739-7366 and set up a free consultation.
Sources:
https://docs.legis.wisconsin.gov/statutes/statutes/632/iv/32
https://www.insurance-research.org/sites/default/files/downloads/UM%20NR%20032221.pdf
https://oci.wi.gov/Documents/Consumers/PI-233.pdf