It’s a scenario that sends a shiver down every driver’s spine: you’re in a car accident, and the other driver either flees the scene or admits they don’t have insurance. The feeling of helplessness can be overwhelming. You’re injured, your car is damaged, and the person who caused it all has no way to pay for the harm they’ve done. What now?
If you are in this situation, I want you to know that there is still hope. It’s a frustrating and unfair position to be in, but you may have more options than you think. Let’s explore the steps you can take if you are hit by an uninsured or underinsured driver in Wisconsin.
Your First Line of Defense: Your Own Insurance Policy
It may seem counterintuitive, but the most important source of recovery after being hit by an uninsured driver is often your own auto insurance policy. Specifically, a type of coverage called Uninsured Motorist (UM) Coverage.
•What is UM Coverage? Uninsured Motorist coverage is a part of your own auto insurance policy that you pay for. It is designed to protect you if you are injured by a driver who has no liability insurance.
•Is it Required in Wisconsin? Yes. Wisconsin law requires all insurance companies to offer UM coverage. While you can technically reject it in writing, most drivers have this valuable protection.
There is also a related coverage called Underinsured Motorist (UIM) Coverage. This applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages. For example, if your medical bills are $100,000, but the at-fault driver only has a $50,000 policy, your UIM coverage could make up the difference.
How to File a UM/UIM Claim
Filing a UM or UIM claim means you are making a claim against your own insurance company. You might think, “Great, they’re my insurance company, so they’ll be on my side.” Unfortunately, that is often not the case.
When you file a UM/UIM claim, your relationship with your insurance company changes. You are now in an “adversarial” position. Their goal is to pay out as little as possible, even to their own policyholder. They will likely still try to argue that you were partially at fault or that your injuries are not as severe as you claim.
This is why it is so important to have an experienced personal injury attorney on your side, even when dealing with your own insurance company. We can handle the claims process, negotiate on your behalf, and fight to make sure they honor the policy you’ve been paying for.
What if I Don’t Have UM/UIM Coverage?
If you don’t have UM/UIM coverage, or if your damages exceed your policy limits, the situation becomes much more difficult, but not necessarily impossible. You still have the option of filing a lawsuit directly against the at-fault driver. However, the challenge is that if the driver didn’t have the money to pay for insurance, they likely don’t have the assets to pay a large judgment. It can be very difficult to collect the money you are owed, even if you win in court.
Frequently Asked Questions (FAQ)
Q: Does a UM claim cover damage to my car?
A: Typically, UM coverage is for bodily injuries. Damage to your vehicle is usually covered by your own collision coverage, if you have it. If you don’t have collision coverage, you may have to sue the other driver directly to get your car repaired.
Q: Will my insurance rates go up if I file a UM claim?
A: Wisconsin law prohibits insurance companies from raising your rates for filing a claim for an accident that was not your fault, including a UM claim.
Q: What if the driver who hit me fled the scene (a hit-and-run)?
A: A hit-and-run accident is treated the same as an accident with an uninsured motorist. You can file a claim under your UM coverage. It is crucial to report the hit-and-run to the police as soon as possible.
You Paid for This Protection. Let Us Help You Use It.
Being hit by an uninsured driver is a deeply unfair situation. You did the responsible thing by carrying insurance, and you shouldn’t be punished because someone else broke the law. You paid for UM/UIM coverage for this exact scenario. Let us help you get the benefits you are entitled to.At Fitzpatrick, Skemp & Butler, we have extensive experience handling UM and UIM claims. We know how to deal with insurance companies and fight for the maximum compensation for our clients. To learn more, please visit our homepage or our main car accident service page. When you’re ready, contact us at (608) 784-4370 for a free consultation. Don’t let an irresponsible driver ruin your future.