Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
Imagine you’re driving through downtown Milwaukee when another motorist runs a red light and strikes your vehicle. You later learn the at-fault driver had no active insurance on the date of loss. In Wisconsin, you still have several pathways to recover your losses.
1. Uninsured Motorist (UM) Coverage
By law, most Wisconsin auto insurance policies must include Uninsured Motorist coverage under Wis. Stat. § 632.32(3).(632.32) UM coverage pays your bodily injury damages—up to your policy limits—when the at-fault driver has no insurance. It also covers hit-and-run scenarios when the responsible party can’t be identified.
2. Personal Injury Protection (PIP) Benefits
Wisconsin drivers must carry PIP benefits under the same statute. PIP reimburses medical expenses, up to your policy’s PIP limits, no matter who caused the crash. You can use PIP for hospital bills, doctor visits, rehabilitation, and lost wages during your recovery.
3. Bodily Injury Liability Lawsuit
You can file a civil lawsuit directly against the at-fault driver for negligence. Wisconsin’s general tort statute of limitations gives you three years from the date of the crash to sue under Wis. Stat. § 893.54.(893.54) If you obtain a judgment, you can attempt to collect from the driver’s assets, garnishing wages or placing liens on property.
4. Criminal Restitution
If law enforcement issues a citation or criminal charges for driving without insurance, the criminal court may order restitution toward your out-of-pocket expenses.
5. Health and Other Insurance Subrogation
If you use health insurance or Medicare to cover your medical bills, your insurer can later seek repayment from the uninsured driver. This process—known as subrogation—can help you avoid balance billing.
Preserve Your Rights
- Notify your insurer promptly to trigger UM and PIP benefits.
- Document all medical treatments, bills, and lost-wage statements.
- Keep records of police reports and any criminal citations issued.
- Consult an attorney before negotiating a settlement to protect your full recovery.
Helpful Hints
- Review your policy declarations page to confirm your UM and PIP limits.
- File your UM claim in writing and keep a copy of the submission.
- Speak with your health insurer about subrogation rights and procedures.
- Track your medical appointments and lost workdays in a written log.
- If the driver has limited assets, focus on insurance benefits rather than a direct lawsuit.