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Auto insurance laws

Wisconsin Auto Insurance Laws: 6 Important Things to Know Before Filing a Claim

  • by Mahony Law
  • 19 Jan 24
  • Comments (0)

Navigating the aftermath of a car accident can be a daunting experience, especially if you’ve never had to deal with the complexities of Wisconsin auto insurance laws. Understanding these laws is paramount – as they have a significant impact on your ability to file a successful claim and secure the compensation you deserve.

In this guide, we’ll unravel the intricacies of Wisconsin auto insurance laws – shedding light on how they apply to personal injury claims. We’ll discuss key concepts, including comparative negligence, insurance coverage, and of course, the importance of working with an expert Wisconsin personal injury attorney.

Our mission is – and always will be – to provide Wisconsin’s people with compassionate guidance to navigate the legal landscape of personal injury law with confidence. Let’s get into it.

Comparative Negligence: The Crucial Factor

Wisconsin follows a comparative negligence system, which means that fault is assigned to each party involved in an accident. Understanding this concept is crucial, as it can impact your ability to recover compensation.

In a comparative negligence system, both parties involved in an accident can share a portion of the blame. In this scenario, your compensation may be reduced in proportion to your degree of fault.

To maximize your claim’s potential, it’s essential to gather/organize evidence that demonstrates the other party’s negligence – while minimizing your own contributory fault. This highlights the significance of a thorough investigation and strong legal representation throughout the process.

Auto Insurance Requirements in Wisconsin

Wisconsin law mandates certain minimum insurance requirements that all drivers must adhere to:

Liability Insurance:

Every driver must carry liability insurance with minimum coverage limits of $25,000 for bodily injury to one person, $50,000 for bodily injury to more than one person, and $10,000 for property damage.

Uninsured/Underinsured Motorist Coverage:

Auto insurance policies in Wisconsin automatically include uninsured and underinsured motorist coverage, which provides protection if you’re involved in an accident with a driver who lacks adequate insurance.

No-Fault Insurance:

Wisconsin operates as a “fault” state rather than a “no-fault” state. This means that the at-fault driver is responsible for paying for the damages in an accident, rather than relying on personal injury protection (PIP) or no-fault insurance.

Legal Rights in Auto Insurance Claims

Understanding your legal rights in auto insurance claims is essential for protecting your interests. Here are a few of the most important factors to keep in mind.  

Prompt Reporting

Report the accident to your insurance company as soon as possible, even if you believe the other driver is at fault. Failing to report promptly may affect your coverage.

Early reporting allows your insurance company to begin assessing the situation, gathering necessary information, and expediting the claims process. Timely reporting can also help prevent disputes and ensure that you receive the support you need without unnecessary delays.

No-Fault Compensation:

While Wisconsin is not a no-fault state, your policy may include personal injury protection (PIP) coverage, which can provide compensation for medical expenses and lost wages regardless of fault.

PIP coverage serves as a safety net, offering immediate financial assistance for your medical bills and income replacement, regardless of who caused the accident. It provides peace of mind, knowing that you can access essential benefits while pursuing your claim against the at-fault party’s insurance.

Filing a Claim:

Work closely with your personal injury attorney to file a claim with the at-fault party’s insurance company.

Your attorney will help you navigate the claims process and negotiate on your behalf. Having an attorney by your side ensures that your claim is properly documented, supported by evidence, and effectively presented to the insurance company. Their expertise can significantly increase your chances of securing fair compensation and relieving the burden of dealing with insurance adjusters on your own.

Insurance Policy Limits

Understanding the limits of your insurance policy is crucial to ensuring you receive fair compensation.

Policy Limits

Insurance policies have maximum coverage limits.

If your damages exceed these limitations, you may need to pursue compensation through the at-fault driver’s insurance or a personal injury lawsuit. It’s imperative to understand these limits as they can affect the scope of your coverage, potentially leaving you responsible for additional costs.

Consulting with a car accident attorney about policy limits ensures you have a clear understanding of your limitations and the potential need for alternative sources of compensation.

Comprehensive and Collision Coverage

In addition to liability coverage, consider adding comprehensive and collision coverage to your policy to protect against damages to your own vehicle.

These additional coverages can be instrumental in covering repair or replacement costs for your car, even if you are at fault for the accident. While they may increase your insurance premiums slightly, they provide valuable peace of mind knowing that your vehicle is safeguarded in various accident scenarios, including collisions, theft, and vandalism.

Meet with a Personal Injury Attorney

Your auto accident injury attorney will review your insurance policy and advise you on the best course of action to maximize compensation.

These attorneys have the legal expertise to analyze the specifics of your policy, ensuring that you fully understand your coverage options and potential benefits. Relying on your attorney’s guidance allows you to make informed decisions about your insurance claims and pursue the most favorable outcomes for your case.

Impact on Auto Insurance Rates

Your actions and circumstances can influence your auto insurance rates in Wisconsin.

At-Fault Accidents

Being found at fault in an accident can result in an increase in your insurance premiums. Insurance companies consider at-fault accidents as indicators of higher risk, which can often lead to higher premium rates. It’s essential to drive defensively and take precautionary measures to avoid accidents and the associated financial consequences.

Traffic Violations

Traffic citations and violations may also lead to higher insurance rates. Receiving tickets for infractions such as speeding, running red lights, or reckless driving can signal to your insurance provider that you pose a greater risk on the road. As a result, they may raise your premiums to offset the increased likelihood of future claims.

Staying vigilant and adhering to traffic laws not only keeps you safe but also helps maintain affordable insurance rates.

Safe Driving

Maintaining a clean driving record and adhering to traffic laws can help keep your insurance rates affordable. A history of safe driving, devoid of accidents and violations, can potentially earn you discounts and lower premiums.

Consistently obeying traffic laws, avoiding distractions, and practicing defensive driving techniques not only reduce your risk of accidents but also contribute to cost-effective insurance coverage.

The Role of an Auto Insurance Attorney

Navigating Wisconsin’s auto insurance laws can be extremely overwhelming – and this is made worse if you’re dealing with an injury. Here’s why you should consider working with an experienced personal injury attorney:

Legal Expertise

A car accident injury attorney has a deep understanding of Wisconsin’s auto insurance laws and personal injury claims, ensuring that your rights are protected. They can interpret the nuances of these complex laws and apply them effectively to your case, ensuring that you receive the compensation you are entitled to under the law. Their knowledge can also help you avoid common pitfalls that might jeopardize your claim.

Negotiation Skills

Your attorney will negotiate with insurance companies on your behalf to secure the maximum compensation for your injuries and damages. With their experience in dealing with insurance adjusters, they can skillfully advocate for your interests, ensuring that you are not taken advantage of during the negotiation process. Their negotiation skills are essential in reaching a fair settlement that covers your medical expenses, lost wages, and pain and suffering.

Investigation

Attorneys have the resources to conduct a thorough investigation into the accident, gather evidence, and establish liability. 

They can employ experts, such as accident reconstruction specialists and medical professionals, to provide expert testimony and support your claim. This granular investigation is crucial in building a strong case that demonstrates the other party’s negligence and your right to compensation.

Litigation

If a fair settlement cannot be reached, your attorney can represent you in court, fighting for your rights and pursuing the compensation you deserve. Litigation involves presenting your case before a judge and potentially a jury, and your attorney will use their legal expertise to present a compelling argument, cross-examine witnesses, and navigate the complexities of the courtroom. 

Cost

Personal injury attorneys typically work on a contingency fee agreement, which means they only get paid if you win your case. 

They receive a percentage of the final settlement or court award as their fee, ensuring that clients do not need to pay upfront legal fees and aligning the attorney’s success with the outcome of the case.

The Next Step

Wisconsin’s auto insurance laws play a significant role in the aftermath of a car accident, impacting your ability to recover compensation for injuries and damages. Understanding concepts like comparative negligence, car insurance coverage, and policy limits is essential for safeguarding your rights. However, navigating these complexities on your own can be challenging.

At Mahony Law, we specialize in helping accident victims like you navigate Wisconsin’s auto insurance laws. Our compassionate team is dedicated to providing guidance and legal representation that empowers you to pursue fair compensation. 

Schedule a FREE consultation with us today, and let us help you on your journey to justice and recovery. Call our office at 262-331-3553, email us at info@mahonylaw.com, or fill out an online form to get started. 

Mahony Law

Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.

Previous Article: How Eyewitnesses Can Strengthen Your Auto Accident Claim
Next Article Understanding Wisconsin's No-Fault Insurance System: What You Need to Know

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Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.

Areas of Practice

  • Car Accident
  • Wrongful Death
  • Uber/Lyft Accidents
  • Motorcycle Accidents
  • Work Injury
  • Slip and Fall
  • Birth Injury
  • Boating Accidents
  • Pedestrian Accidents
  • Trucking Accidents

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