Car accidents are unfortunate events that can result in significant damage to property, serious injuries, and even fatalities. While most drivers in Wisconsin are required to carry auto insurance, some still choose to drive without coverage. This can create a challenging situation for those who are involved in an accident with an uninsured driver. If you’re in this scenario, it’s important to understand your legal options and the steps you can take to pursue compensation for your injuries and property damage. Here’s what you need to know about suing an uninsured driver in Wisconsin.
Understanding Wisconsin’s Auto Insurance Laws
In Wisconsin, like most states, drivers are required to carry certain types of insurance. The minimum requirements for liability insurance in Wisconsin include:
$25,000 for bodily injury or death of one person in an accident.
$50,000 for bodily injury or death of multiple people in an accident.
$10,000 for property damage.
However, despite these requirements, some drivers choose not to comply with the law or let their insurance lapse. This creates a dilemma for anyone involved in an accident with an uninsured driver, as the at-fault driver may not be able to cover the costs of medical bills, car repairs, or other damages.
What to Do After an Accident with An Uninsured Driver
If you’re involved in an accident with an uninsured driver in Wisconsin, the first step is to gather as much information as possible. This includes:
The driver’s name, contact information, and license plate number.
Any witness statements or contact details.
Photos of the accident scene, vehicle damage, and your injuries.
Police reports, if applicable.
Once you’ve gathered this information, your next step will depend on your insurance coverage and whether the uninsured driver has any assets or ability to pay.
Using Your Own Insurance to Cover Damages
One of the key pieces of protection available to Wisconsin drivers is uninsured motorist (UM) coverage. While Wisconsin law does not require drivers to have UM coverage, it is often included as part of many auto insurance policies. UM coverage is designed to protect you in the event that the at-fault driver does not have insurance or does not have sufficient coverage to pay for your damages.
If you have UM coverage, it can help cover medical expenses, lost wages, and other related costs that result from the accident. However, if the at-fault driver is uninsured, and you do not have UM coverage or if the coverage is insufficient, you may need to pursue other legal avenues to recover your costs.
Suing an Uninsured Driver in Wisconsin
If the uninsured driver is at fault for the accident, and you are unable to recover your expenses through insurance, you may have the option to sue the driver directly. However, there are several challenges to consider before pursuing this path:
The Driver’s Financial Situation: One of the biggest obstacles to suing an uninsured driver is their ability to pay. If the driver has limited financial resources, you may have a judgment in your favor but be unable to collect any meaningful compensation. This is why it's important to assess the driver's financial situation before moving forward with a lawsuit.
Filing the Lawsuit: To sue an uninsured driver in Wisconsin, you will need to file a lawsuit in civil court. This means submitting a complaint to the appropriate court, usually in the county where the accident occurred. You will need to prove that the other driver was at fault for the accident and that you sustained injuries or property damage as a result.
Damages: In Wisconsin, you can seek compensation for both economic and non-economic damages. Economic damages include things like medical bills, property damage, and lost wages, while non-economic damages can include pain and suffering, emotional distress, and loss of enjoyment of life.
Statute of Limitations: In Wisconsin, the statute of limitations for personal injury claims, including car accidents, is typically three years from the date of the accident. If you do not file your lawsuit within this timeframe, you may lose your right to sue for compensation.
What Happens if The Uninsured Driver Is Judgment-Proof?
In some cases, the uninsured driver may be considered “judgment-proof,” meaning they do not have the financial means to pay a judgment against them. If this is the case, suing them may not result in any meaningful recovery. However, there are still a few potential options:
Garnishment of Wages: If the driver eventually starts earning a significant income, you may be able to garnish their wages to recover your damages.
Asset Seizure: If the driver owns property or assets, you may be able to place a lien on those assets and eventually seize them to cover your damages.
Conclusion
Dealing with an uninsured driver in Wisconsin can be frustrating and complicated, but it’s not without options. The first step is to check your own insurance coverage, especially for uninsured motorist coverage, as this can help you recover damages without having to pursue legal action. If you need to sue the at-fault driver, be prepared for the challenges that may arise, particularly regarding their ability to pay. Consulting with a personal injury attorney can help you understand your legal options and determine the best course of action for your specific situation.
If you, or someone you know, has been wrongfully injured, contact Buss Law, LLC today for a FREE consultation!
INJURED? “DON’T FUSS, CALL BUSS!”
CALL (414) 246-1000 TODAY!
