Uninsured or Underinsured Motorist Claims
Get help from an expert Attorney if you are injured in an accident by an uninsured or underinsured driver
Gregory Wright Law Offices, SC
provides professional personal injury
representation for motor vehicle accident victims in Oshkosh, Madison, Montello
and throughout the state in cases where the at fault driver was uninsured or underinsured.
We often get asked, What Does Underinsured Mean?
After being injured in a motor vehicle accident, you have the right to recoup your losses for pain and suffering, emotional distress, and other losses in the form of financial compensation from the at fault driver. If the at fault driver is insured, but does not have sufficient liability insurance coverage to fully compensate you for your losses, they are called underinsured motorists.
In situations like this, our office works diligently to recover the full available policy limits from the underinsured, at fault motorist and then we work with your insurance company to further compensate you under your own underinsured motorist coverage. This coverage is available specifically for cases like this, when the person who caused your injuries does not have enough liability insurance coverage to make you whole after your injuries.
Uninsured motorist coverage works the same way but is invoked when the at fault driver does not have any
available insurance coverage or you do not know who the at fault driver is. Claims made under your own uninsured or underinsured motorist coverage do not generally affect your insurance premiums.
Under the law, every insurance policy issued in the State of Wisconsin is required to have liability coverage as well as uninsured motorist coverage. However, an insurance agent is required to tell you that underinsured motorist coverage is available, but it is not a required provision. Uninsured and underinsured motorist coverage can be the same, or less than your liability coverage, but it cannot be more.
Your uninsured motorist coverage can also be used when you were injured by a "phantom" vehicle. That is to say, for example, you were injured by debris or objects flying off, over, or under another vehicle that then hit your vehicle, causing an accident. There are restrictions to when and how coverage is available for an accident involving a "phantom" vehicle:
1.
The facts of the accident need to be corroborated by competent evidence that is provided by someone other than the person making the claim. i.e. someone else needs to corroborate the circumstances of the accident.
2.
Within 72 hours of the accident it must be reported to a police, peace, or judicial officer or to the DOT by the person making the claim, or someone acting on their behalf.
3.
Within 30 days of the accident, the person making the claim, or someone acting on their behalf, files a statement with the insurer under oath that the insured has a cause of action arising out of the accident for damages against a person whose identity is not ascertainable and setting forth the facts in support of the statement.
No matter the circumstances of the accident or your knowledge of available insurance, if you were injured by the actions of another driver we encourage you to reach out to our office to discuss your options. Consultations are always free and you'll never owe us any money until settlement has been achieved.
Ensure The Best Results For Your Case
When you choose Gregory Wright Law Offices, SC, you can rest assured knowing you are receiving the highest quality legal services. We bring passion and drive to every case we take on ensuring the best chance of a successful outcome for each of our clients. Trust in our dedication and expertise to help you get the most positive resolution to your claim.
More Than Four Decades of Experience
We have over four decades of experience and we are ready to provide the cutting-edge legal services you need to ensure the success of your injury accident case. We cater to your specific needs to guarantee the best results for your claim.
Schedule a Consultation
Contact us to schedule a consultation for injury accident representation in Oshkosh, Madison, Montello, and the nearby areas. Give us a call at 608-960-9951 today.
