If the other driver does have insurance, but it doesn’t cover your damages, you can first use their insurance company and then get additional money under your underinsured motorist coverage.
Milwaukee, WI – In 2020, there were 115,694 car accidents in Wisconsin, most of them in and around major cities, such as Milwaukee. According to the Department of Transportation, 593 people were killed and thousands more were injured, some of them catastrophically.
Accident victims and their families often wonder whether they need a lawyer to get compensation. That depends on the severity of your injuries. You generally don’t need a lawyer for an accident resulting in property damage and/or minor injuries. You can settle small claims yourself as the insurance company won’t give you much trouble.
On the other hand, if you are seriously injured or if you lose someone in a crash you should look up the best Milwaukee accident lawyers you can find.
Here’s how you can recover damages for an accident in Milwaukee
File a claim with the other driver’s insurer
Wisconsin is an at-fault state which means that after an accident you can file a personal injury claim with the other driver’s insurance. That sounds easy enough but you have to keep in mind that Wisconsin uses the modified comparative negligence rule. Under this rule, you risk losing the right to recover if you are found to be 50% or more to blame for the crash. It’s the insurance adjuster that gets to determine blame so you may want to have a seasoned accident attorney fighting for your rights.
In some accidents, it’s pretty clear who’s at fault, but there are many cases where both drivers are somewhat to blame. If your percentage of blame is determined to be, say, 20%, your compensatory damages will be reduced accordingly.
Use your underinsured/uninsured motorist coverage
In Wisconsin, drivers are required to carry uninsured and underinsured motorist coverage, on top of their liability coverage. According to a recent report, some 11% of all drivers in Wisconsin are uninsured. This is illegal and an insured driver risks a $500 fine and having his license and/or car registration suspended.
After an accident, you are required to remain at the scene and exchange insurance information with the other driver. If it turns out the other guy doesn’t have insurance, you’ll have to notify your own insurer.
If you have minimum uninsured motorist coverage ($25,000 per person/$50,000 per accident), this may not be enough to cover your damages, especially if you sustained severe injuries so you’ll have to find other ways to recover.
If the other driver does have insurance, but it doesn’t cover your damages, you can first use their insurance company and then get additional money under your underinsured motorist coverage.
Sue the other driver
Your Wisconsin car accident lawyers will advise you to sue the other driver if their insurance doesn’t cover your financial and non-economic damages. However, this only works if the other driver has the financial means to pay damages to you. Your lawyers will investigate the other driver’s financial situation to see whether they have the means to cover your medical expenses or lost wages.
Unfortunately, when it comes to uninsured drivers, you shouldn’t expect much because such people rarely have money.
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