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What Happens if You’re Hit by an Uninsured Driver in Wisconsin?

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What Happens if You're Hit by an Uninsured Driver in Wisconsin?

If you are hit by an uninsured driver in Wisconsin, you can often seek compensation through your own uninsured motorist (UM) coverage, and in some cases, you may also have claims against other responsible parties. 

Wisconsin law generally requires auto insurance policies to include uninsured motorist coverage, providing important protection when the at-fault driver lacks liability insurance.

Even if the at-fault driver does not have insurance, you should not assume you have to pay for your medical bills and other losses on your own. Understanding your rights can help you make informed decisions after a crash.

Does Wisconsin Require Uninsured Motorist Coverage?

Does Wisconsin Require Uninsured Motorist Coverage?

Yes. Wisconsin law requires automobile insurance policies issued in the state to include uninsured motorist (UM) coverage to protect drivers who are injured by motorists without liability insurance.

Under Wis. Stat. § 632.32, most policies provide uninsured motorist coverage to help compensate insured drivers who are injured by motorists with no liability insurance.

Uninsured motorist coverage generally applies when:

  • The at-fault driver has no insurance
  • The driver cannot be identified after certain hit-and-run accidents
  • The available coverage meets the policy’s definition of an uninsured vehicle

Although UM coverage can provide valuable protection, insurance companies may still dispute liability, the extent of your injuries, or the value of your claim. That is why documenting the accident and seeking legal guidance can be important.

What Compensation Can You Recover After an Uninsured Driver Accident?

If you qualify for uninsured motorist benefits, you may recover compensation for many of the same damages that would have been available from the negligent driver’s insurance policy.

Depending on the facts of your case, compensation may cover:

The amount available depends on your policy limits, the severity of your injuries, and the evidence supporting your claim.

What Should You Do After an Accident with an Uninsured Driver?

Avoid discussing fault at the scene or accepting a quick settlement before understanding the full extent of your injuries.

After an uninsured driver accident, you should:

  • Call 911 and report the crash.
  • Seek prompt medical evaluation, even if injuries seem minor.
  • Exchange information with the other driver if possible.
  • Photograph the accident scene, vehicle damage, and visible injuries.
  • Obtain contact information for witnesses.
  • Notify your insurance company as soon as practical.
  • Keep records of medical treatment, expenses, and missed work.

The steps you take immediately after the collision can affect both your health and your insurance claim.

Can You Sue an Uninsured Driver in Wisconsin?

Yes. You may file a personal injury lawsuit against an uninsured driver who caused your injuries. However, obtaining a judgment does not necessarily mean the driver has the financial resources to pay it.

Depending on the circumstances, an investigation may also identify other potentially liable parties, such as:

  • An employer if the driver was working at the time of the crash
  • The owner of the vehicle, in certain situations
  • Another negligent driver involved in the collision
  • A manufacturer of a defective vehicle or component contributed to the accident

Identifying every available source of compensation can make a significant difference in the outcome of your claim.

How Long Do You Have to File a Claim in Wisconsin?

Wisconsin generally gives injured people three years to file a lawsuit for injuries arising from a motor vehicle accident under Wis. Stat. § 893.54. Missing this deadline can prevent you from recovering compensation through the courts.

Insurance policies may also require prompt notice of an uninsured motorist claim. Waiting too long to notify your insurer could create additional complications, even if the statute of limitations has not expired.

How Can a Wisconsin Personal Injury Lawyer Help?

An attorney can help protect your rights when both the at-fault driver and your own insurance company become part of the claims process. Although uninsured motorist coverage is designed to protect policyholders, insurers may still challenge liability or dispute the value of a claim.

A personal injury lawyer may be able to:

  • Investigate the cause of the accident
  • Gather medical and accident evidence
  • Identify all available insurance coverage
  • Handle negotiations with insurance companies
  • Calculate the full value of your damages
  • File a lawsuit if a fair settlement cannot be reached

Eisenberg Personal Injury Lawyers has represented injured Wisconsin accident victims for decades. The firm’s attorneys have more than 140 years of combined legal experience and have recovered more than $100 million for clients. 

Frequently Asked Questions

Will My Insurance Rates Increase if I Use Uninsured Motorist Coverage?

Not necessarily. Whether premiums change depends on several factors, including your insurer’s underwriting practices and the circumstances of the accident.

What if the Uninsured Driver Fled the Scene?

A hit-and-run accident may qualify for uninsured motorist coverage if the claim meets your policy’s requirements and Wisconsin law. 

How Much Does It Cost to Hire a Wisconsin Personal Injury Lawyer?

Most Wisconsin personal injury lawyers handle uninsured driver cases on a contingency fee basis. You generally pay attorneys’ fees only if compensation is recovered.

Should I Accept the Insurance Company’s First Settlement Offer?

Not until you understand the full extent of your injuries and damages. Early settlement offers may not fully account for future medical treatment, lost income, or long-term effects of the accident.

Contact a Wisconsin Car Accident Lawyer at Eisenberg Personal Injury Lawyers for a Free Consultation 

If you were injured by an uninsured driver in Wisconsin, you do not have to navigate the claims process alone. Eisenberg Personal Injury Lawyers can explain your legal options, help you pursue available insurance benefits, and work to recover the compensation you deserve. 

Contact us today at (608) 256-8356 for a free consultation with a Wisconsin car accident lawyer.

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