Godfrey, Leibsle, Blackbourn & Howarth, S.C.
Godfrey, Leibsle, Blackbourn & Howarth, S.C.

Schedule Your Initial Consultation Today

Elkhorn, WI

COVID-19 Message: We are available during business hours by phone and other forms of electronic and written communication. Read more.

Who pays when an uninsured driver causes a wreck?

Maintaining liability insurance coverage is a basic legal responsibility. Motorists in Wisconsin typically have to provide proof of insurance when registering their vehicles or renewing their existing registration. Anyone stopped by police without an active insurance policy on their vehicle could be at risk of a costly citation. They also have to deal with liability if they cause a crash. Realizing that the driver at fault for a collision doesn’t have insurance can be a frightening experience. People may not be sure of how to protect themselves or what steps to take.

How can people cover the costs of a crash caused by a driver without necessary insurance?

The uninsured driver may need to pay

The point of car insurance is to diminish the liability that comes from driving. A motorist without an active policy has direct personal liability if they cause a collision. The other people involved in the incident may be able to take legal action against the uninsured motorist. A personal injury lawsuit or wrongful death lawsuit can lead to compensation for medical expenses, lost wages and property damage expenses.

The other driver may have useful insurance

Drivers can’t control the decisions that other people make that could put them at risk, like the choice to drive without proper insurance coverage. However, they can take steps to protect themselves from common risks, like uninsured motorists. A driver who does have proper insurance and who was not at fault for the crash could use their own insurance policy if they carry uninsured motorist protection.

A claim against that supplemental coverage may increase what a driver pays for their insurance in the future. Still, being able to use insurance instead of covering costs directly can be a better outcome for those involved in a costly collision.

A third party may have some degree of responsibility

Sometimes, outside parties have a degree of liability for a car crash. For example, perhaps the collision occurred because of a defect with the vehicle of the driver at fault. The manufacturer who produced the defective component might be partially liable for collision costs in that situation.

Other times, the uninsured driver might have been on the road as a job responsibility. Employers typically have liability in scenarios where their workers do something negligent while on the clock. It may be possible to hold a business accountable for allowing an uninsured driver to operate a motor vehicle while performing company functions.

Reviewing the situation at length with a skilled legal team, including any insurance coverage available, can help people choose how to respond to a crash caused by an uninsured driver. A lawsuit could very well be necessary to offset the costs generated by a wreck.

RSS Feed

FindLaw Network