Uninsured/Underinsured Motorist Claims
When the liable party in your accident does not have the insurance coverage necessary to pay for your recovery costs, you need swift legal action to defend your future. Instead of trying to settle things on your own, get help from an experienced team of attorneys if you are injured in an accident by an uninsured or underinsured driver.
Gregory Wright Law Offices, S.C., 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.
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.
Coverage Against Uninsured Drivers
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.
Additional Coverage Options
Your uninsured motorist coverage can also be used when you are 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:
- Competent evidence provided by someone other than the person making the claim needs to corroborate the facts of the accident.
- The accident 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 within 72 hours of the accident.
- 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 another driver’s actions, we encourage you to contact our office to discuss your options. Consultations are always free, and you’ll never owe us any money until settlement has been achieved.
Seek The Outcome You Deserve
When you choose us to represent you, you can rest assured that you will receive the highest quality legal services. We bring passion and drive to every case, ensuring the best chance of a successful outcome for each of our clients. Trust in our dedication and skill to help you get the most positive resolution to your claim.
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.
Meet With Our Team Today
We represent clients throughout Wisconsin, including Oshkosh, Madison, Montello and the nearby areas. Give us a call at 608-909-6000 or email us here to schedule your free initial consultation today.