ATV accidents can result in serious injuries and significant financial losses, leaving victims wondering whether insurance will cover their medical bills, lost wages, and other damages. The answer depends on several factors, including what type of insurance policies are involved, who was at fault for the accident, and where the accident occurred. If you’ve been injured in an ATV accident in Wisconsin, understanding your insurance options is crucial for getting the compensation you need.
Types of Insurance That May Apply
Several different types of insurance policies might provide coverage for ATV accidents:
ATV Insurance: Many ATV owners carry specific ATV insurance policies that can cover liability, collision, and comprehensive damages. However, ATV insurance isn’t required by law in Wisconsin, so not all ATV owners have it.
Homeowner’s Insurance: Some homeowner’s insurance policies include liability coverage for recreational vehicles like ATVs, but coverage varies significantly between policies and insurers.
Auto Insurance: In some cases, your auto insurance policy might provide coverage for ATV accidents, particularly if the ATV is being transported on a trailer or if you have specific recreational vehicle coverage.
Health Insurance: Your health insurance should cover medical treatment for ATV accident injuries, regardless of fault, though you may still be responsible for deductibles and co-pays.
Property Owner’s Insurance: If the accident occurred on someone else’s property due to unsafe conditions, the property owner’s liability insurance might provide coverage.
Wisconsin ATV Insurance Requirements
Wisconsin doesn’t require ATV owners to carry insurance, but there are some important considerations:
Registration Requirements: ATVs must be registered with the Wisconsin Department of Natural Resources if they’re operated on public lands or trails.
Trail Permits: Operating an ATV on public trails requires a valid trail permit, but this doesn’t include insurance coverage.
Private Property: ATVs operated only on private property aren’t required to be registered or insured, but owners may still be liable for injuries they cause.
When Your Own Insurance Might Cover ATV Accidents
Your existing insurance policies might provide coverage in certain situations:
Health Insurance: This is typically your primary source of coverage for medical expenses, regardless of who caused the accident.
Homeowner’s/Renter’s Insurance: Some policies include personal liability coverage that extends to recreational activities, including ATV operation.
Umbrella Policies: If you have an umbrella liability policy, it might provide additional coverage for ATV-related claims.
Auto Insurance: Some auto policies include coverage for recreational vehicles, but this varies significantly between insurers.
When Someone Else’s Insurance Should Cover Your Injuries
If another party was responsible for your ATV accident, their insurance should cover your damages:
Other ATV Operators: If another rider caused your accident through negligent operation, their ATV insurance or homeowner’s insurance might provide coverage.
Property Owners: If unsafe property conditions contributed to your accident, the property owner’s liability insurance might apply.
ATV Manufacturers: If a defective ATV caused your accident, the manufacturer’s product liability insurance should cover your damages.
Tour Companies: If you were injured during a guided ATV tour, the tour company’s commercial liability insurance should provide coverage.
Common Insurance Coverage Gaps
Unfortunately, there are several situations where insurance coverage might be limited or unavailable:
Uninsured ATV Operators: Since ATV insurance isn’t required in Wisconsin, many operators don’t carry coverage.
Policy Exclusions: Many insurance policies specifically exclude coverage for recreational vehicle accidents.
Alcohol-Related Accidents: Insurance policies often exclude coverage for accidents involving intoxicated operators.
Racing or Stunts: Most policies exclude coverage for accidents that occur during racing or while performing stunts.
What to Do If Insurance Coverage Is Denied
If an insurance company denies coverage for your ATV accident, you have several options:
Appeal the Decision: Insurance companies sometimes deny valid claims hoping you won’t fight back. An experienced attorney can help you appeal wrongful denials.
Look for Additional Coverage: There might be other insurance policies that apply to your situation that you haven’t considered.
Pursue the At-Fault Party Directly: If the responsible party doesn’t have insurance, you might still be able to recover compensation through a lawsuit against their personal assets.
Explore Other Legal Theories: Product liability claims against ATV manufacturers or premises liability claims against property owners might provide alternative sources of compensation.
The Importance of Proper Investigation
Determining what insurance coverage is available requires thorough investigation of:
•All potentially liable parties
•All insurance policies that might apply
•The specific circumstances of your accident
•Any exclusions or limitations in relevant policies
Why You Need Legal Help
Insurance coverage for ATV accidents can be complex, and insurance companies often try to deny or minimize claims. An experienced ATV accident attorney can:
•Identify all potential sources of insurance coverage
•Investigate the circumstances of your accident
•Deal with insurance companies on your behalf
•Pursue alternative sources of compensation if insurance is unavailable
•Ensure you receive fair compensation for all your damages
Don’t Accept “No Coverage” at Face Value
Insurance companies sometimes claim there’s no coverage when coverage actually exists. They may also try to apply exclusions that don’t actually apply to your situation. Don’t accept their initial response without having an experienced attorney review your case.
Contact Fitzpatrick, Skemp & Butler, LLC
If you’ve been injured in an ATV accident in Wisconsin, don’t assume that insurance won’t cover your damages. Contact Fitzpatrick, Skemp & Butler, LLC for a free consultation. We’ll investigate all potential sources of coverage and fight to get you the compensation you deserve.
Our experienced ATV accident attorneys serve clients throughout Wisconsin from our offices in La Crosse, Onalaska, and Eau Claire. Remember, you pay nothing unless we win your case.