Getting injured in a car accident is stressful enough — but when the at-fault driver doesn’t have insurance, things can get even more complicated. You might wonder: Can I still file a personal injury claim? The short answer is yes, but the path forward may look different than a typical case.
If you’ve been hurt in a car crash involving an uninsured driver in Wisconsin, here’s what you need to know to protect your rights and recover compensation.
Wisconsin’s Auto Insurance Requirements
Wisconsin law requires all drivers to carry liability insurance with minimum coverage amounts of:
- $25,000 for injury or death to one person
- $50,000 for injury or death to two or more people
- $10,000 for property damage
Unfortunately, not everyone follows the law — and if you’re hit by someone without insurance, you won’t be able to recover damages through their policy.
So What Are Your Options?
Even if the at-fault driver is uninsured, you may still have options to pursue a personal injury claim and recover compensation.
1. Uninsured Motorist Coverage (UM)
This is often your best source of compensation. In Wisconsin, uninsured motorist coverage is required on all auto insurance policies. It’s designed to step in when the driver who caused your accident doesn’t have insurance.
UM coverage can pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Other damages related to the accident
If you have UM coverage (most drivers in Wisconsin do), you can file a personal injury claim through your own insurer — just as you would if the at-fault driver had insurance.
2. Personal Injury Lawsuit Against the Driver
You technically can sue the uninsured driver directly. However, in many cases, drivers without insurance also lack the financial resources to pay a judgment. A lawsuit might result in a court order, but if the person has no assets, you may never collect.
Before choosing this route, it’s a good idea to speak with a personal injury lawyer who can help assess whether it’s worth pursuing.
Why You Still Need a Car Accident Lawyer
Even if you’re filing a claim with your own insurance company, that doesn’t mean the process will be easy. Insurers still aim to minimize payouts — including on uninsured motorist claims. A lawyer can help you:
- Navigate your UM coverage
- Prove fault and damages
- Negotiate a fair settlement
- Avoid delays and denials
In some cases, additional parties (like a vehicle manufacturer or third-party driver) may share liability. A skilled attorney will identify all possible sources of compensation.
Don’t Wait — Wisconsin Has Strict Deadlines
Wisconsin’s statute of limitations for most personal injury claims is three years from the date of the accident. If you miss that deadline, you may lose your right to seek compensation entirely. Acting quickly helps preserve evidence, protect your rights, and strengthen your claim.
Injured by an Uninsured Driver? We Can Help.
Contact our Personal injury lawyer
At Bykhovsky Law, we help car accident victims across Wisconsin recover compensation — even when the at-fault driver has no insurance. If you’re unsure about your options or need help navigating an uninsured motorist claim, we’re here for you.
