Uninsured Motorist Claims

Uninsured Motorist Claims are any claim arising from an accident and resulting injuries caused by an uninsured driver. Unfortunately, most people that I have talked to in our community, do not know that they are covered by their automobile policy of insured against an uninsured driver.

As of 2009, Wisconsin Law now requires that every motorist must carry liability insurance on their vehicles. Additionally, Wisconsin now requires that all policies of automobile insurance sold in this state must include Uninsured Motorist (UM) Coverage. This means that, when and if you are injured by an Uninsured Motorist or driver, your insurance company under the provisions of the Uninsured Motorist portion of your car insurance policy will kick in.

Prior to the passing of this development in 2009, all that was required was $25,000.00 for automobile liability insurance per person and $50,000.00 per accident and $10,000 for property damage. As of 2009, the Wisconsin legislature increased the mandatory minimum limits to $50,000 per injured person, $100,000 per accident, and $15,000 for the resulting automobile property damage. In 2011, the law was repealed effectively reinstating the previous liability limits to what they were before they were increased in 2009.

The 2011 law also introduced drastic and not client friendly provisions prohibiting an injured person with more than one insured vehicle to stack coverages in the case of injuries whose values exceed the coverage of a single vehicle. For example, if you sustain a debilitating injury with a value in excess of $100,000.00, own two vehicles that are each insured for $100,000.00, the new law prohibits you from collecting the $200,000.00 (stacking both cars) something we used to do prior to the new legislation. http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=84&Issue=10&ArticleID=2376#7

Uninsured Motorist Claims should be rare.

The uninsured motorist claims should be the exception rather than the law because, as of 2009, Wisconsin has mandatory insurance which means that every owner is required to have and MUST have a policy of automobile liability coverage.

Your automobile insurance policy must provide the following  minimum liability coverage:

• $25,000 for injury or death of one person;

• $50,000 for injury or death of two or more people; and

• $10,000 for property damage.

As of 2011, you must meet certain conditions in order to recover compensation for injuries, losses or damages caused by a phantom vehicle or accident resulting in uninsured motorist claims. If for example you are forced off the road by a vehicle that you fail to identify and or stop, you used to be able to collect as long as you had an independent third-party to corroborate evidence you present to support your claim that you were involved with an unidentified automobile in your accident. 

https://docs.legis.wisconsin.gov/2011/related/acts/14

Following the repeal of the 2009 law which defined “phantom vehicle” as a car involved in an accident with a person who has Uninsured Motorist coverage if the motor vehicle makes no physical contact with the insured or with a vehicle the insured is occupying and the identity of neither the operator nor the owner of the motor vehicle is known, a hit and run accident is a typical Uninsured Motorist accident.

Again, one MUST have credible and competent evidence corroborated by a disinterested third-party who is neither an insured nor a claimant against the Uninsured Motorist coverage due to the motor vehicle accident.

What To Do Before You Purchase Insurance:

  1. Ask yourself what you consider to be adequate insurance if you and each family member or member of your household, were to be involved in an accident leading to more than just soft tissue injuries for each person?
  2. What assets do you have, what is their value and do you mind losing them?
  3. Ask your insurance agent for guidance regarding what amounts of coverage per person per accident are reasonable given your individual circumstances
  4. Don’t just tell your agent “I need automobile insurance” because she or he is going to get you issued, the minimum which also means, the least amount of premiums per month
  5. Pick a high or highest possible deductible which significantly lowers your monthly premiums

Please look at the Sample Wisconsin Uninsured Motorist Selection of Limits Sheet Attached As a Pdf sample-wisconsin-uninsured-motorist-selection-of-limits-elmuwonge-blog-11302016

Period Within Which To File Uninsured Motorist Claims

Uninsured Motorist Claims must be filed within a specific period or risk losing the entire claim. The Statute of Limitations, the period within which to file a lawsuit against a wrongdoer and their insurance company is, as of February 2016, 3 Years and NOT 6 years as was the case before.3 Years and NOT 6 years as was the case before. 

https://docs.legis.wisconsin.gov/statutes/statutes/893/V/54

Please Call The Milwaukee Uninsured Motorist Claims Lawyer at (414)933-4144 to discuss your Wisconsin Uninsured Motorist Claims at No Charge.

If you or a loved one, Call the Milwaukee Accident & Personal Injuries Law Firm of Emmanuel L. Muwonge & Associates, LLC., at (414) 933-4144 for your Free No Obligation Telephone Consultation.

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