What Happens If You’re Hit by an Uninsured or Underinsured Driver?

What Happens If You’re Hit by an Uninsured or Underinsured Driver

When a car crash turns your life upside down, you depend on insurance companies to provide the compensation you need to set things right. But what happens if the damage exceeds the at-fault party’s insurance policy limits? What if the at-fault party doesn’t carry insurance at all?

Fortunately, you have legal options in both of these scenarios. Take a moment to learn what you should do after the accident, what kind of insurance policies might cover you, and when you should reach out to a dedicated uninsured motorist accident lawyer.

What Does Uninsured and Underinsured Mean?

Wisconsin law requires all drivers to carry liability insurance. Unfortunately, not everyone follows the law, and some people get behind the wheel without any insurance coverage at all. These drivers are considered uninsured motorists.

Some drivers do carry liability insurance, but the damage they cause in a collision exceeds the limits of their insurance policy. These drivers are considered underinsured motorists.

What to Do Immediately After the Accident

You can help ensure your safety and strengthen an uninsured or underinsured motorist claim in Wisconsin by doing the following after an accident:

  • Call 911 to request police and medical assistance
  • Seek prompt medical attention, even if you don’t feel hurt
  • Exchange information with involved parties
  • Collect contact information of any witnesses
  • Take photos and videos of the accident scene
  • Avoid discussing fault or speculating when speaking with insurers
  • Contact a car accident attorney as soon as possible

How Uninsured/Underinsured Motorist Coverage Works

UM/UIM insurance coverage protects you if you’ve been hit by an uninsured driver. You file a claim with your own insurance company under your own policy, and they may provide compensation for:

  • Current and future medical expenses
  • Lost wages and diminished earning capacity
  • Property damage
  • Pain and suffering
  • Permanent disability or impairment

Wisconsin law requires all auto insurance policies to include uninsured motorist coverage, but does not require underinsured motorist coverage. Review your policy or speak with an attorney to determine whether you’re protected from drivers with inadequate insurance.

Filing a UM/UIM Insurance Claim

To file an uninsured or underinsured motorist claim in Wisconsin, you must:

  • Notify your insurer as soon as possible
  • Provide medical records and proof of damages
  • Allow the insurer to investigate the claim
  • Comply with policy conditions

In UIM cases, you must also resolve the claim against the at-fault driver before pursuing additional compensation.

Challenges with Insurance Companies

Even though these claims go through your own insurer, they will likely attempt to reduce your payout in any way they can. They may:

  • Dispute fault
  • Downplay your injuries
  • Argue that treatment was unnecessary
  • Delay payment to pressure you into settling
  • Offer far less than your claim deserves

You pay your insurance premiums for protection in these exact situations. When insurers refuse to make good on their end of the bargain, you need skilled legal representation to push back and fight for what you deserve.

When to Contact an Uninsured Motorist Accident Lawyer

Working with an experienced underinsured or uninsured motorist accident lawyer can help you protect your rights and recover maximum compensation after a serious collision. The team at LawtonCates can help you determine every possible source of recovery and then fight for the financial stability you deserve. Get in touch with us today for your free consultation.

Attorney Terry Polich is a seasoned trial lawyer focusing on personal injury, lemon law, and civil litigation. Recognized as one of Wisconsin’s leading consumer warranty attorneys, he has secured millions in recoveries for clients, including multiple seven-figure wrongful death and injury settlements. Terry also serves on the Board of Directors for the Wisconsin Association for Justice and the Jason Simcakoski Foundation, where he advocates for improved mental health treatment for veterans.