If the at-fault driver has no insurance or not enough of it, you can file a claim through the uninsured (UM) or underinsured motorist (UIM) coverage on your own car insurance policy.
Contact our car accident lawyer in Milwaukee for a free consultation at (414) 377-7075.
What Counts as an Uninsured or Underinsured Driver in Wisconsin?
In Wisconsin, all motorists are required to carry:
- At least $25,000 in liability coverage for bodily injury or death per person
- At least $50,000 in liability coverage for total bodily injury or death liability per accident
- At least $10,000 in liability coverage for property damage per accident
An uninsured driver is one who carries no liability insurance at all. The category also covers hit-and-run drivers who are never identified, since there is no policy to pursue.
An underinsured driver does carry insurance, but their policy limits fall short of what your injuries actually cost. If your medical bills and lost wages total $120,000 and the at-fault driver carries the state minimum of $25,000, underinsured motorist coverage closes the gap.
How Uninsured and Underinsured Motorist Coverage Works on Your Own Policy
Wisconsin requires every car insurance policy to include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. This protects you, your household members, and your passengers if you are involved in an accident with an uninsured driver. Underinsured motorist coverage is not required, but insurers must offer it as part of your policy.
In a typical car accident claim, you pursue compensation from the at-fault party’s insurer. But when you file a UM or UIM claim, you file against your own insurer. Although you pay for this coverage and have the right to use it, the company wants to protect its bottom line. It has the same incentive any insurer has to dispute your injuries, argue you share fault, or value your claim below what it is worth.
Common Obstacles in UM/UIM Claims and How to Push Back
Insurers leverage several tactics to reduce what they pay in UM/UIM claims, such as:
- Arguing that your injuries predate the crash
- Questioning whether a hit-and-run occurred at all
- Pointing to gaps in your treatment as proof you recovered
- Denying the claim on late notice or a missed policy deadline
- Offering a quick settlement before the full cost of your injuries is known
You can counter these tactics with the right preparation and support. Report the crash to the police and your insurer immediately, follow your treatment plan, and ask your physician to document in your records that the collision caused your injuries. Before accepting any settlement, speak to an attorney who can evaluate the offer and determine whether it is fair.
Talk to a Wisconsin Car Accident Attorney About Your UM/UIM Claim
At Cannon & Dunphy S.C., we hold insurers to the coverage our clients paid for and pursue the full value of the claim, whether that means proving the extent of your injuries against a low valuation or identifying additional policies that may apply. If you were involved in a crash with an uninsured or underinsured driver, contact us today to review your policy and your options.