Experienced Uninsured Motorist Claims Lawyers
When a notable percentage of drivers do not carry mandatory auto insurance, it places an undue burden on those they may injure. According to the National Safety Council, the average treatment cost of an injury can go as high as $162,000 over the victim’s lifetime. When an uninsured driver hits you, you may end up with severe damages and losses through no fault of your own. The Madison car accident attorneys at Gingras, Thomsen & Wachs, LLP provide indispensable assistance in these cases by either pursuing the assets of the negligent party or advocating for rightful claims from your insurance.
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What are Uninsured Motorist Claims?
Uninsured motorist (UM) claims are a type of insurance claim you make if you are involved in a crash with another driver who does not have any auto insurance. It is designed to protect you from paying out of pocket for medical bills, pain and suffering, and lost wages in these situations.
When an uninsured driver injures you, you would file a claim with your own insurance company instead of the other party’s (since they do not have insurance). However, you will need to prove the fault of the uninsured driver and demonstrate your damages, just as you would in a regular insurance claim against the at-fault driver.
Every auto insurance policy issued in Wisconsin automatically includes Uninsured Motorist liability insurance coverage to ensure all drivers have some level of protection if they get into an accident with a motorist without insurance. The minimum limit for UM insurance is $25,000 per person and $50,000 per accident for bodily injury, also known as “25/50 insurance coverage.” However, drivers can choose to purchase higher limits for additional protection.
Property damage caused by an uninsured motorist is covered separately under Uninsured Motorist Property Damage (UMPD) coverage, which is optional and not required by law.
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How Our Auto Accident Attorneys Will Pursue an Uninsured Motorist Claim in Madison, WI and Recover Maximum Compensation
At Gingras, Thomsen & Wachs, LLP, our car accident lawyers in Madison will take the following steps to help you file an uninsured motorist claim and recover the financial compensation you are rightfully entitled to.
Initial Case Review and Case Evaluation
- Comprehensive Review: During the first meeting, our attorneys will thoroughly review the details of the accident, including the circumstances leading up to the collision, the extent of your injuries, and any losses you have incurred. We will also examine any existing insurance policies to determine the extent of uninsured motorist (UM) coverage available to you. This step is essential to determine the maximum compensation you are entitled to under your policy.
- Evidence Collection: We will collect all necessary documentation, such as medical records, police reports, and witness statements, to build a strong case. Our personal injury attorney may also hire medical specialists to assess your common car accident injuries and gather evidence that proves the other party was at fault and uninsured.
Investigation and Documentation
- Accident Investigation: Our uninsured motorist lawyers will conduct an independent investigation to gather additional evidence, such as traffic camera footage, accident reconstruction analysis, and expert testimony, to strengthen your claim. This step ensures that all angles of the accident are covered, leaving no room for the insurance company to dispute the facts.
- Detailed Documentation: We will carefully document all aspects of your uninsured motorist coverage claim, including medical expenses, lost wages, pain and suffering, and any other economic and non-economic losses. This detailed documentation is required to negotiate a fair settlement.
Filing the Uninsured Motorist Claim
Our Madison car accident attorneys will formally file an uninsured motorist car accident claim on your behalf. This process involves several critical steps:
- Submitting Necessary Paperwork: Our car accidents team will prepare and submit all the required documents to your insurance company. This includes the official claim form, medical records, proof of damages, and any evidence supporting your case. Accuracy and completeness are vital in this step to prevent delays or disputes from the insurance company.
- Adhering to Wisconsin’s Legal Requirements: Wisconsin has specific laws and regulations governing uninsured motorist claims. Our car accident lawyer will ensure that your claim complies with all legal requirements, including filing deadlines, notice requirements, and any other procedural rules. This step is critical to maintaining the validity of your claim and avoiding any potential challenges from the insurer.
- Coordinating Communication: We will handle all communication with your insurance company, ensuring that they have all the information needed to process your claim. This includes responding to any requests for additional documentation, providing clarifications, and keeping you informed of the progress of your claim.
Negotiations with the Insurer
- Demand Letter Preparation: Our motor vehicle accident attorneys will draft a demand letter to your insurance company, outlining the evidence collected, the extent of your injuries and losses, and the compensation you are seeking. The demand letter serves as the formal start of the negotiation process.
- Negotiation with Insurance Company: We will aggressively engage in negotiations with your insurance company to secure a fair settlement. Our uninsured motorist claim Madison attorneys are experienced in handling insurance adjusters who may try to minimize your claim, and we will fight to ensure that you receive the maximum compensation available.
Litigation
- Filing a Lawsuit: If your insurance company refuses to offer a fair settlement, our car accident attorneys will file a lawsuit against your insurer. We will provide you all the necessary uninsured motorist legal help Madison at every step during the process.
- Trial Representation: Our experienced trial attorneys will represent you in court, advocating for your rights and presenting a persuasive case to the judge and jury. We will seek to maximize your compensation by thoroughly presenting the impact of the accident on your life.
What Happens to Your Madison Car Accident Claim if You Were Not Wearing a Seatbelt?
Wisconsin has mandatory seatbelt laws that require all occupants of a motor vehicle to wear seatbelts. Failure to comply with the law can impact liability in the event of a car accident. This is because not wearing a seatbelt can be classified as negligence on your part.
If it is determined that your failure to wear a seatbelt contributed to the severity of your injuries, the court might assign a percentage of fault to you, which can reduce the amount of compensation you can recover from the at-fault party.
At the same time, Wisconsin law prohibits juries from assigning more than 15% fault to a car accident victim for not wearing a seatbelt. This rule is outlined in Wisconsin Statute § 347.48(2m) – commonly known as the ‘seat belt defense’ statute. What it means is that even if your failure to wear a seatbelt contributed to your injuries, your compensation cannot be reduced by more than 15%.
This rule is in place to make sure that car accident victims are not unfairly penalized for their failure to wear a seatbelt. The intent is to balance the principles of personal responsibility and fairness in determining liability and damages in car accident cases.
Strong Commitment to Justice
At Gingras, Thomsen & Wachs, LLP, each case is personal to us, and we fight relentlessly to get accident victims every dollar they are entitled to. Seeking compensation for the immediate medical costs related to injuries and any income lost due to the inability to work while recovering from those injuries is only the starting point for us. To truly right the wrongs you have endured, our personal injury law firm may also be able to pursue financial recovery for:
- Future medical expenses (including your long-term care needs)
- Physical pain and emotional distress (anxiety, depression, PTSD)
- Loss of earning capacity
- Diminished quality of life
- Out-of-pocket expenses (cleaning, lawn care, home maintenance, babysitting)
Experience and Recognition in Car Accident Claims in Madison, WI
With our 40+ years of experience, we have seen nearly every scenario imaginable and have gained insights to handle all personal injury claims with precision. We are proud of the recognition we have received from national organizations like the American Board of Trial Advocates, Super Lawyers, and the Wisconsin Association for Justice. Still, it does not compare to hearing the personal stories our clients have shared over the years about how our representation helped them rebuild their lives.
Whether the negligent driver who struck you has no insurance or it was a hit-and-run accident and you cannot identify the driver, you might be able to obtain more compensation from your own insurance company than you realize – as long as you have a tenacious attorney on your side. Call 608-807-0039 or contact us online to set up a free case review with our Madison car accident lawyers.