It’s a nightmare scenario: you’re injured in a car accident, and you discover the driver who hit you doesn’t have car insurance. How will you pay for your medical bills? How will you recover your lost wages? The feeling of helplessness can be overwhelming. But there is hope.
In Wisconsin, even if the at-fault driver is uninsured, you have options for recovery. The experienced Wisconsin car accident lawyers at Fitzpatrick, Skemp & Butler can help you navigate this complex situation and fight for the compensation you need. We believe that responsible drivers who carry insurance should not be left to foot the bill for someone else’s negligence.
The Uninsured Motorist Problem
Despite Wisconsin law requiring all drivers to carry liability insurance, a surprising number of drivers on our roads are uninsured. When one of these drivers causes an accident, they often lack the personal assets to pay for the damages they’ve caused, leaving their victims in a difficult position.
Your First Line of Defense: Uninsured Motorist (UM) Coverage
This is where your own car insurance policy comes in. If you have Uninsured Motorist (UM) coverage, you can file a claim with your own insurance company to cover the damages caused by the uninsured driver. In Wisconsin, insurance companies are required to offer UM coverage, and it is included in most policies unless you specifically reject it in writing.
UM coverage can pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Future medical expenses
Filing a UM claim means you will be dealing with your own insurance company. However, this does not mean they will simply write you a check. Your insurance company will now step into the shoes of the at-fault driver’s insurer, and their goal is still to pay out as little as possible. They may dispute the severity of your injuries or the value of your claim.
How a Lawyer Can Help with Your UM Claim
Even when dealing with your own insurance company, it is crucial to have a skilled personal injury lawyer on your side. An attorney can:
- Handle All Communications: We will manage all communications with your insurance company, ensuring your rights are protected.
- Prove Your Damages: We will gather all the necessary evidence, including medical records and expert reports, to prove the full extent of your damages.
- Negotiate a Fair Settlement: We will negotiate aggressively with your insurer to ensure you receive the maximum compensation available under your policy.
- Explore Other Options: If your damages exceed your UM policy limits, we can investigate whether the at-fault driver has any personal assets that could be used to satisfy a judgment.
Frequently Asked Questions (Q&A)
Q: What is the difference between Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage?
A: UM coverage applies when the at-fault driver has no insurance. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are not high enough to cover all of your damages.
Q: Will my insurance rates go up if I file a UM claim?
A: In Wisconsin, it is illegal for an insurance company to raise your rates for filing a claim for an accident that was not your fault, including a UM claim.
Q: What if I don’t have UM coverage?
A: If you don’t have UM coverage, your options are more limited. You could sue the at-fault driver personally, but if they don’t have significant assets, it may be difficult to collect any judgment. It’s crucial to review your own insurance policy and ensure you have adequate UM/UIM coverage.
Don’t Pay the Price for an Uninsured Driver’s Mistake
You did the right thing by carrying car insurance. You shouldn’t be punished for another driver’s irresponsibility. The dedicated attorneys at Fitzpatrick, Skemp & Butler are here to help you make a successful recovery through your UM policy. Visit our homepage to learn more about our practice. When you’re ready, contact us or call 608-784-4370 for a free consultation.