After an auto accident, fault is usually determined by the police officer(s) investigating the accident scene. However, the police report isn’t always the final word. Often, having an accident investigator look at the crash scene and the vehicles involved can uncover other potential causes for the accident and parties who can be held liable. This is precisely why Warshafsky Law conducts independent and thorough case evaluations. Our legal team helps uncover hidden sources of liability (such as confusing highway construction signage or vehicle defects).
If you are injured by an uninsured motorist, even in a hit-and-run where the perpetrator flees the scene, an experienced Milwaukee car accident attorney may be able to find hidden sources of liability that cover your damages. Many insurance policies have stipulations forcing them to cover at least some percent of associative damages.
Wisconsin law operates on the premise that fault for the car accident has to be established before anyone can be held financially liable. Our laws require the at-fault party to cover the costs of damage to the other person’s car/property, as well as wages you couldn’t earn as a result of the accident and even pain and suffering.
Since drivers in the state of Wisconsin are on the hook financially for any accidents they cause, Wisconsin car accident laws require all drivers to carry insurance. As part of this insurance, policies must carry uninsured motorist coverage of (at minimum) $25,000 per person and $50,000 per accident for injury. This covers injuries you or your passengers sustain in an accident involving an uninsured motorist.
As you can imagine, $25,000 doesn’t go very far if you’ve been seriously injured and require ongoing care. For this reason, most insurance companies in our state encourage buying coverage levels much higher. The penalty for not having insurance ranges from a fine of up to $500 to as much as $5,000 for fraudulent proof of insurance. Wisconsin doesn’t require drivers to show proof of insurance when getting a driver’s license or when registering one.
Liability is established by determining which driver was at fault–but do NOT treat the police report as the final word. Having a certified accident investigator search for hidden sources of liability could affect compensation.
Never assume you’re automatically at fault when riding a motorcycle or bicycle. In most cases involving bicyclist injuries caused by an auto accident, the cyclist will not be at fault. However, this can change if the cyclist was crossing a street illegally or breaking any other laws. Speak with our bicycle accident and motorcycle accident attorneys if you’ve been injured.
First, fault for the accident has to be determined. If it is shown you were not at fault for the accident, and you have sustained injuries or losses because of the accident, you will likely be compensated by the at-fault driver’s insurance company—up to whatever amount of liability coverage they have. If your damages are higher than the at-fault driver’s insurance coverage, you will need to file a suit against the driver to recover from his assets. Of course, you need to know if the at-fault driver has sufficient assets to cover your claim.
The fact that neither of you has insurance complicates things. If you were not at fault, your only option is to file suit against the driver. However, if the at-fault driver didn’t have insurance because they couldn’t afford it, there’s little chance they have sufficient assets to cover your damages. There is, however, the potential for a third party to be found liable (or partially liable) for the accident—and this is where an experienced accident investigator can make all the difference in the world.
The case of an uninsured motorist who strikes another uninsured motorist on the highway may look straightforward, but when an investigation reveals a construction company improperly set up cones a half mile down the highway and this resulted in the “at fault” driver being in the wrong lane, there’s another liable party—and their insurance policy may be more than capable of absorbing the extensive medical costs incurred by both uninsured drivers.
