I Was Hit By An Uninsured Driver in Milwaukee – What Do I Do?

Did you know that you can seek compensation if you have been injured in a car accident that was a result of another’s fault? However, the settlement amount you receive will depend on several factors, including the amount of car insurance coverage available. Under Wisconsin law, all drivers are required to carry active auto insurance. As such, a car accident case can become complicated if the other party does not have insurance. So what happens if you are hit by an uninsured driver?

Below are a few things you need to know.

WHO IS CONSIDERED AN UNINSURED DRIVER?

In order to make informed decisions and take the right actions, it is important to know exactly who an uninsured motorist is. There are several instances where an at-fault party is considered an uninsured driver. They include:

  • A driver without auto insurance for the vehicle they are operating
  • A driver who does not have enough liability coverage to meet the state-required minimum amount
  • A driver whose insurance company is unwilling or unable to settle the claim
  • A hit-and-run driver; one who flees the accident scene after a crash

In Wisconsin, driving without insurance is a serious offense that attracts stiff legal penalties. Despite this, an estimated 13 percent of drivers in Wisconsin are uninsured.

WHAT HAPPENS WHEN HIT BY AN UNINSURED DRIVER?

Wisconsin is an at-fault state. This means that the driver who is legally responsible for the collision is required to compensate you for your accident-related losses. Oftentimes, the at-fault party’s insurance company will pay for the cost of the crash. However, this does not mean that you will not be able to recover the damages you are entitled to if you are in an accident with an uninsured driver.

In Milwaukee, the law requires that all auto insurance policies include uninsured motorist coverage. If you are hit by an uninsured driver, this type of coverage will help you pay for damages caused by the driver, effectively protecting you from financial losses. You will simply need to make a claim with your insurer, and the insurance company will pay for your medical bills, car damage, pain and suffering and lost wages up to the limits of the policy.

WHAT TO DO AFTER AN ACCIDENT WITH AN UNINSURED DRIVER

Taking the correct steps after an accident will go a long way in ensuring your claim is successful. Here is what to do if an uninsured driver hits you.

FILE A POLICE REPORT

There is a good chance the uninsured driver will request you not to report the crash to law enforcement. However, drivers in Milwaukee are required by law to report any crash that results in injuries, death or property damage. Similarly, calling the police and filing a police report will help you get fair and just compensation.

DO NOT ACCEPT LIABILITY

You will want to avoid doing or saying anything that could harm your case. While at the accident scene, do not accept liability, apologize for the crash, apportion blame or discuss the specifics of the accident.

PURSUE MEDICAL EVALUATION AND CARE

After a car accident, your health should be a priority. This is why you should seek medical care as soon as possible. The doctor will identify, treat and document all the injuries you have suffered, something that will help strengthen your case.

GATHER EVIDENCE

Whenever possible, make sure you gather as much evidence as you can at the accident scene. This includes photos of the scene, your injuries and all the vehicles involved in the crash. Also, take witness statements and exchange the necessary information with the other driver.

CONTACT A KNOWLEDGEABLE CAR ACCIDENT LAWYER

Car accidents involving an uninsured driver can be complex. To ensure the case is handled properly and that you avoid costly mistakes, consider consulting with and hiring a car accident lawyer. The legal expert will help you handle sensitive legal matters so you can achieve a favorable outcome.

REPORT THE CRASH TO YOUR INSURANCE COMPANY

Call your insurer as soon as possible to inform them about the collision. Since you will be filing a claim with your insurance company, reporting the crash will enable you to get what you truly deserve.

HOW A LAWYER CAN ASSIST AFTER YOU HAVE BEEN HIT BY AN UNINSURED DRIVER

Before hiring a car accident lawyer, it is important to know what the legal expert brings to the table. A competent lawyer will:

Educate and advise you: Handling an uninsured driver accident requires skills and knowledge. A lawyer will look at the facts of your case before explaining your options. The legal advice and guidance will help you make smart decisions going forward.

Conduct a thorough investigation: The right evidence will help you build a strong case. Your lawyer will carry out an independent investigation to establish and prove fault. The investigation may also assist in identifying the at-fault driver in case of a hit and run.

Proper legal representation: Competent representation will increase your chances of getting fair compensation after a crash. A good lawyer will not only negotiate with the insurance company on your behalf but also represent you in court if the need arises.

Help you obtain a satisfactory settlement: Your lawyer will see to it that the claims process is handled properly and that your legal rights are protected. This will go a long way in ensuring you get the most money from your claim.

Getting hit by an uninsured driver can make for a confusing and stressful situation. This may make it difficult to take the steps that will help to protect you. For a successful claim, be sure to work with an experienced car accident lawyer.

Author Bio

Robert J. Welcenbach Robert Welcenbach is an Owner and Partner at Welcenbach Injury Law, a family-owned personal injury law firm in Milwaukee, WI. With more than 24 years of experience practicing law, he seeks justice for clients in a wide range of legal areas, including car accidents, class actions, dog bites, nursing home abuse, and other personal injury matters.

Robert received his Juris Doctor from the Marquette University Law School and is a member of the State Bar of Wisconsin. He has received numerous accolades for his work, including being nominated and selected as a Milwaukee Personal Injury and Class Action Super Lawyer every year since 2008.

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