What To Do After a Car Accident With An Uninsured Driver in Wisconsin

Getting into a car accident is scary and stressful enough. But when the other driver doesn’t have insurance, it can turn an already difficult situation into a real nightmare.

Unfortunately, over 13% of Wisconsin drivers are estimated to be uninsured. So there’s a decent chance you could end up in an accident with a driver who has no insurance.

If this happens to you, don’t panic. Here’s a complete guide on what to do after a car accident with an uninsured driver in Wisconsin.

Report the Accident to the Police

Even if the accident seems minor, you should always call the police and have them come to the scene. Getting an official police report on the accident can be extremely helpful later on when trying to get compensation.

Having documentation from the police that lists important details about how the accident occurred, who was at fault, and information on the uninsured driver can make a big difference if you need to take legal action down the road.

Exchange Information

Once the police are called, start exchanging information with the other driver. This includes:

Full name
Address
Phone number
Driver’s license number
License plate number
Insurance information (or lack thereof)

Also try to get contact information for any witnesses who saw the accident happen. Having statements from eyewitnesses about who was at fault can strengthen your case.

Take Photos

Use your smartphone to take photos of everything related to the accident while you wait for the police. Capture pictures of:

Damage to both vehicles
Skid marks on the road
Location of each vehicle
Any injuries sustained
Road signs or conditions that may have contributed

Take photos from multiple angles and distances. The more visual evidence you have the better.

Get a Copy of the Police Report

When the police arrive, cooperate fully and give them an accurate statement about what happened. Make sure to get a report number and contact information for the officer.

You’ll want to follow up and request a copy of the full police report later. This can be used as proof the accident occurred and who the officer found to be at fault.

Having the report will also give you the uninsured driver’s official identifying information to provide to your insurance company.

Notify Your Insurance Provider

As soon as possible after the accident, call your car insurance company. Alert them that you’ve been in an accident with an uninsured driver.

Provide them with the police report number, information on the uninsured driver, and any evidence you collected from the scene. This starts the claims process so your insurer can help cover repairs, medical bills, and other accident-related costs.

Consult a Personal Injury Attorney

Contact an experienced personal injury attorney to discuss your options for getting compensation. A lawyer can help in several ways, including:

Advising if you’re able to sue the uninsured driver directly
Negotiating a fair settlement with the driver
Determining if you qualify for additional uninsured motorist coverage from your policy
Filing claims against your insurance provider if they’re not cooperating
Taking the uninsured driver to court if necessary

Having a knowledgeable attorney on your side can make all the difference in getting the maximum compensation in cases involving uninsured drivers.

File an Uninsured Motorist Claim

Every driver in Wisconsin is legally required to carry liability insurance. When someone doesn’t abide by the law and drives uninsured, you can file a claim against them through the DMV.

To start the process, submit the following forms together to the Wisconsin DMV:

Fill out each form with details about the accident, your losses/injuries, and who you believe was at fault.

The DMV will review your claim. If they find the uninsured driver responsible, they will take action to suspend the driver’s license and vehicle registration unless they pay damages or meet other requirements.

Explore Uninsured Motorist Coverage

If the accident caused major losses the other driver can’t cover, look into making a claim through your own uninsured motorist coverage.

In Wisconsin, drivers are required to carry this coverage at limits of:

$25,000 for injury/death of one person
$50,000 for injury/death of multiple people

While those amounts may not be enough for major accident costs, you may be able to get additional uninsured motorist coverage depending on your policy.

An attorney can help determine if you have this option and guide you through the claims process to get the uninsured motorist coverage you’re entitled to.

Weigh Your Options Carefully

When an uninsured driver causes you harm in an accident, you have legal rights to seek compensation in various ways:

Making a claim with your own insurer
Filing an uninsured motorist claim with the DMV
Suing the driver directly for your damages
Negotiating a settlement agreement

Think through your options clearly and consult with professionals like an attorney and insurance agent. This will help you make smart decisions on how to recover your losses.

With the right approach, you can successfully handle a car accident situation even when the other motorist doesn’t have adequate insurance. Don’t hesitate to use all the tools available to protect yourself.

Key Takeaways

Over 13% of Wisconsin drivers are uninsured, so there’s a chance you could get in an accident with someone who has no insurance.
If this happens, stay calm and take important steps like calling the police, collecting evidence, and contacting your insurer immediately.
Consulting a personal injury attorney is highly recommended to understand your options and legal rights.
You may be able to file a claim with your own insurance, make an uninsured motorist claim with the DMV, sue the driver, or negotiate a settlement.
Carefully explore all compensation options with help from professionals like attorneys and insurance agents.
With the right game plan, you can successfully recover your losses after an accident with an uninsured driver.

What Happens If the Other Driver in My Wisconsin Car Accident Does Not Have Insurance?

FAQ

What happens if you get in an accident without insurance in Wisconsin?

According to the Wisconsin Safety Responsibility Law, the state can suspend your driving privileges and car registration if you cause an accident while uninsured. But you can head off these penalties if you: Post a security deposit to cover the cost of the claims. Sign an installment agreement to pay for the claims.

Can you sue an uninsured driver in Wisconsin?

You can still pursue a lawsuit against the other driver, but if they cannot pay out of pocket, you may not get all of the compensation you are owed. You may be able to look to your own insurer in these cases if your policy contains uninsured motorist accident injury coverage.

Is Wisconsin a no fault car accident state?

No, Wisconsin is not a no-fault state for auto insurance. Wisconsin is an “at-fault” or “tort” state, which means the person who is at fault for a car accident is responsible for paying for other people’s injuries and property damage resulting from the accident.

What is the grace period for car insurance in Wisconsin?

The Wisconsin new-car insurance grace period is 7 to 30 days in most cases. The new-car grace period is how long insured drivers are allowed to drive a newly purchased vehicle before adding it to an existing car insurance policy.