Posted in Car Accident
A State That Puts Responsibility on Every Driver
Wisconsin requires every driver to carry a specific combination of insurance, and one piece of that requirement plays a bigger role in a car accident claim than most drivers realize until they actually need it themselves. Understanding uninsured motorist coverage matters for anyone pursuing a claim after a Manitowoc crash.
What Wisconsin Requires Every Driver to Carry
Wisconsin law requires drivers to carry liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, along with $10,000 in property damage coverage. Alongside this liability requirement, the state also mandates uninsured motorist coverage with the same $25,000 per person and $50,000 per accident minimums for bodily injury.
- Bodily injury liability: $25,000 per person, $50,000 per accident minimum
- Property damage liability: $10,000 minimum
- Uninsured motorist coverage: $25,000 per person, $50,000 per accident minimum
- Underinsured motorist coverage is offered but can be rejected in writing
Why Uninsured Motorist Coverage Matters So Much
Despite Wisconsin’s mandatory insurance requirements, some drivers on the road still carry no coverage at all, whether due to lapsed policies or outright noncompliance with the law. Uninsured motorist coverage exists specifically to protect an injured driver in exactly this situation, stepping in to pay for injuries the at-fault driver’s nonexistent policy cannot cover. Without this coverage, an injured person would have to pursue the uninsured driver personally for compensation, a path that frequently yields little if that driver has few collectible assets.
This is one reason Wisconsin makes uninsured motorist coverage mandatory rather than optional, unlike the underinsured version of the same protection. Lawmakers recognized that leaving injured drivers with no recourse against an uninsured party would shift an unfair burden onto the very people the insurance system is meant to protect.
The Underinsured Motorist Gap
Underinsured motorist coverage addresses a related but distinct problem: a driver who does carry insurance, but not nearly enough to fully cover the actual damages caused. Wisconsin requires insurers to offer this coverage, but unlike uninsured motorist coverage, a policyholder can reject it in writing. Drivers who declined this optional coverage sometimes discover the gap only after a crash, when the at-fault driver’s minimum policy limits fall far short of the actual medical bills involved.
How These Coverages Interact With a Claim
When a crash involves a driver with no insurance or insufficient policy limits, an injured person’s own uninsured or underinsured motorist coverage becomes central to the claim, essentially standing in for the coverage the at-fault driver should have carried in the first place. This makes reviewing your own policy details just as important as identifying the other driver’s insurance status early in a case.
Why Wisconsin’s Comparative Negligence Rule Still Applies
Even when uninsured or underinsured motorist coverage applies, Wisconsin’s modified comparative negligence rule under Wisconsin Statute § 895.045 still governs how fault gets allocated and how any recovery gets calculated. An injured driver found more than fifty percent at fault for the crash cannot recover, regardless of which insurance policy would otherwise apply.
Reviewing Your Own Policy Before a Crash Happens
Many drivers carry only the state minimum uninsured motorist limits without realizing just how quickly serious medical costs can exceed $25,000 after a genuinely bad crash. A Car Accident Lawyer Manitowoc working with a client after a crash often finds that low policy limits, on either side of the collision, become the central obstacle to full compensation.
Building a Claim Around All Available Coverage
A Car Accident Lawyer Manitowoc evaluating a new case identifies every applicable policy early on, including the client’s own uninsured and underinsured motorist coverage, rather than assuming the at-fault driver’s policy alone will cover the full extent of the damages.
Pursuing Full Compensation From Every Applicable Source
Hickey & Turim, S.C. helps Wisconsin drivers understand how their own insurance fits into a car accident claim, making sure every available source of compensation gets identified and pursued rather than left on the table.
