Do I Have Recourse if an Uninsured Driver Hits Me and Causes Injuries?

Following a motor vehicle accident in which you suffer injuries, you may be surprised to find out that the driver who caused the accident doesn’t have insurance. Some statistics indicate that up to 10% of drivers on average drive without the minimum insurance coverage. This means that you can’t file a personal injury claim with the driver’s insurance company, simply because the driver doesn’t have an insurance company. Fortunately, all Wisconsin drivers are required to have some degree of uninsured/underinsured insurance coverage in place. This means that your own insurance company will be responsible for at least some of the damages that you have suffered as a result of the accident.

Wisconsin law requires drivers to maintain uninsured/underinsured insurance policies that provide for at least $25,000 for injuries to one person, and $50,000 in coverage for the total injuries suffered in the accident. Assuming that you have this coverage in your insurance policy as required, your insurance company will pay for your accident-related damages up to the policy limits, if necessary. Sometimes, however, your insurance company may not be so cooperative in covering your damages, and you may need the assistance of a personal injury attorney to get all of the damages that you are entitled to from the insurance company. These damages might include expenses such as medical bills, ambulance bills, physical therapy costs, and hospital bills, as well as any other injuries that you have suffered as a result of the accident at issue.

Additionally, if a driver who causes an accident cannot show proof of the required insurance coverage, then the Department of Motor Vehicles (DMV) will suspend his or her driver’s license. However, a driver can avoid a license suspension in three situations:

  • The driver can prove that he or she did have insurance coverage at the time of the accident.
  • The driver pays a security deposit to the Wisconsin Department of Transportation (DOT) equal to the costs of the damages resulting from the accident.
  • The driver enters into an installment plan to pay for the damages resulting from the accident.

When a driver negligently causes an accident resulting in injuries to you, the fact that he or she is uninsured may limit your legal recourse through a personal injury case. The exact consequences from an accident with an uninsured driver may differ substantially depending on the details of your case. For more information about how to properly handle your personal injury claim, contact the Wisconsin personal injury lawyers of Boller & Vaughan today.


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