In Wisconsin, the party who was at fault for a car accident is liable for the victim’s damages. If the victim files a successful personal injury claim with the negligent party’s insurance provider, he or she can receive compensation for any expenses he or she incurred as a result of the accident. But what happens if the negligent party does not have enough insurance coverage to compensate a victim for his or her damages? What if a negligent party does not have automobile insurance at all?
In Wisconsin, motorists are required to carry at least $10,000 of coverage for property damage, $25,000 of coverage for injuries and death to single victims, and $50,000 of coverage for injuries and deaths in multi-victim accidents in their automobile insurance policies. Although motorists are not required to carry uninsured or underinsured motorist coverage, this type of coverage can be critical in cases where the at-fault party does not have the necessary coverage to compensate the victim for his or her damages.
Many cases that are filed with drivers’ uninsured motorist policies are hit and run accidents, meaning that the filing party was involved in an accident with another driver who fled the scene.
If you are a victim of a hit and run, take photographs of your injury and the surrounding scene to demonstrate how the accident occurred. If there were any witnesses to the accident, their testimonies will be very important to your claim. Fill out an official police report with the local law enforcement to create another piece of evidence for your claim. Submitting evidence with your uninsured motorist claim will give it a better chance of resulting in a favorable settlement for you.
Like any other insurance claim, you must file your uninsured or underinsured motorist claim within the statute of limitations, which is three years from the date of the accident in Wisconsin.
Underinsured motorist claims are different from uninsured motorist claims in that they act as supplementary compensation, rather than the sole source of compensation for the victim. If you file a personal injury claim with the negligent party’s insurance provider and your expenses surpass the amount of compensation the provider can receive, you can seek compensation for the difference between these amounts from your own policy’s underinsured motorist coverage. If you file this type of claim, you will need documentation to show the amount of compensation you received from the negligent party’s insurer as well as documentation showing your total expense amount.
If you have been injured in a car accident and the negligent party does not have sufficient insurance coverage to compensate you for all of your damages, you can seek the compensation you need through your own insurance policy’s uninsured/underinsured motorist coverage. To learn more, contact our team of experienced Appleton car accident lawyers at Hammett, Bellin & Oswald, LLC today to set up your initial consultation in our office.