Can I Collect If the Driver At Fault for My Wisconsin Car Accident Does Not Have Insurance (or Not Have Enough Insurance)?

Car accidents can be frustrating to deal with, but they are even more challenging when you find out the at-fault driver doesn’t have insurance or doesn’t have enough insurance to compensate you for your injuries. Fortunately, there may be ways for you to recover compensation for the damages you have suffered. Contact Mingo & Yankala, S.C. for a free case review.

Wisconsin Insurance Laws

According to the Wisconsin DMV, all drivers in the state are required to maintain minimum liability insurance in the following amounts:

  • $25,000 for injury or death to one person
  • $50,000 for injury or death to more than one person
  • $10,000 for property damage

Additionally, uninsured motorist (UM) coverage is mandatory in Wisconsin. This insurance covers damages when you are hit by an uninsured motorist or a hit-and-run driver. The minimum amount required by law is $25,000 for injury or death to one person and $50,000 for injury or death to more than one person.

These are the minimum amounts of insurance Wisconsin drivers are required to have. We recommend that drivers purchase additional insurance and higher amounts of coverage.

Some types of insurance that may help provide compensation in case of a Wisconsin car accident include:

  • Collision insurance, which covers repairs to your vehicle regardless of who is at fault. The amount of collision insurance depends on the make, model, and year of your vehicle. If you finance a vehicle, your lender may require you to purchase collision insurance.
  • Underinsured motorist (UIM) coverage, which may provide additional insurance if the at-fault driver’s insurance is not sufficient to cover your injuries and damages from an accident or the injuries and damages of any passenger in your car.  While underinsured motorist coverage is not mandatory in Wisconsin, your insurer must notify you that UIM insurance is available. If you purchase UIM insurance, coverage must include at least $50,000 per person for bodily injury and $100,000 per accident.
  • Medical payments coverage, which covers medical and funeral expenses for you or other people in your vehicle who are injured or killed in an accident, regardless of who was at fault for the accident This can help to supplement any health insurance you may have and to cover any co-pays and deductibles you may have under your health insurance policy. This is optional insurance, but insurance companies must offer it. If you choose to purchase it, you must buy at least $1,000 in coverage.

Purchasing additional insurance can protect you in case the other driver has no or inadequate insurance. The Insurance Information Institute reports that 13.3% of drivers in Wisconsin do not have insurance.

Collecting from the At-Fault Driver

In rare cases, you may be able to collect directly from the at-fault driver. However, generally when a driver does not carry insurance, that driver has little in the way of collectible assets. The driver may not be able to afford car insurance. If you sue the driver, you may win the case, but if the driver has no money or collectible assets, you may not be able to enforce the judgment. A skilled personal injury lawyer can review the circumstances surrounding your case and recommend the best course of action.

Filing a Claim with Your Own Insurance

In most cases, if the other driver does not have insurance or enough insurance, you will file a claim with your own insurance provider, typically under your uninsured or underinsured motorist coverage. A lawyer can walk you through this process and handle the claim on your behalf so you can focus on your recovery.

Contact a Skilled Milwaukee Car Accident Lawyer Today

The Milwaukee car accident attorneys at Mingo & Yankala, S.C. know how to maximize the amount of insurance coverage available to cover your injuries following a Wisconsin car accident.  We are ready to help you pursue the compensation you are owed. Contact us today for a free case consultation where we can explain how we can help.