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Who Do I Sue When an Accident Is Caused By An Uninsured Driver?

uninsured motorist

Were you in a car accident recently involving an uninsured driver? Do not assume that you cannot receive compensation in a claim. For more information, contact our Kenosha car accident lawyer today about obtaining compensation for an accident caused by an uninsured driver.

Wisconsin Car Insurance Laws

The first thing to know after a Kenosha car accident is that Wisconsin has a fault-based system for determining financial liability after a car accident. So, the driver who caused the accident is financially responsible for injuries and other damages. In most cases, the at-fault driver’s insurance provider is liable for damages, up to the driver’s policy limits.

All drivers in Wisconsin must carry auto insurance, but not all do. All car insurance policies must have this minimum coverage:

  • $25,000 liability insurance for death or bodily injury for one person
  • $50,000 liability insurance for total death or bodily injury liability
  • $10,000 liability insurance for property damage

Liability insurance covers your medical costs, property damage, and related expenses for anyone injured in an auto accident you cause, up to the limits of your policy. However, it is often recommended to carry more than minimum coverage so you are covered for severe accidents.

Also, Wisconsin requires drivers to carry uninsured driver coverage – at least $25,000 per driver and $50,000 per accident. Uninsured driver protection applies to any injuries you or other vehicle occupations suffer when an uninsured driver hits you. This coverage is also helpful in a hit-and-run case. If you are in an accident with an uninsured driver, you usually file a claim with your insurance policy for coverage.

Your auto insurance provider may initially compensate you for your injuries under your uninsured driver insurance. Then, however, the insurance company could file a lawsuit against the uninsured driver for the funds it provided to you because of the other driver’s negligence.

Furthermore, you can file a report with the Wisconsin Department of Motor Vehicles about the incident. If the state finds the uninsured driver was responsible for your losses, their driver’s license could be suspended. However, they may be able to avoid the suspension by agreeing to an installment agreement to pay for your losses.

What If You Drive Without Insurance In Wisconsin?

The Wisconsin Department of Transportation states that driving a car without insurance can lead to a $500 fine. Also, not showing proof that you have insurance when stopped by the police can result in a $10 fine. Anyone who offers fake proof of insurance can receive a fine of up to $5,000. These penalties are on top of the serious financial issues you risk in a car accident by not having insurance.

Contact Our Kenosha Car Accident Today

Filing a claim for injuries and damages can be intimidating if the other driver is uninsured or has insufficient coverage to pay your damages. However, if you were hurt in a car accident by an uninsured driver, you have legal options. You may be able to receive compensation in a personal injury claim even if the liable driver lacks insurance. Speak to our Kenosha car accident lawyer at The Law Offices of John V. O’Connor at (262) 605-8400.


    The Law Offices of John V. O'connor

    The Law Offices of John V. O'Connor
    600 52nd Street Suite 120
    Kenosha, WI 53140


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