Car accident victims are often surprised to learn that they can recover compensation even if their personal injuries were caused by an uninsured motorist. So long as the injury victim has an auto insurance policy issued in Wisconsin, or is a member of a household having such a policy, the law requires that the insurance policy include uninsured motorist coverage.
It must still be proved that the injured claimant was “occupying” a car at the time of the accident, but “occupying” is a somewhat liberal concept that includes being within, on, and getting in and out of the vehicle.
There have also been many cases litigated over whether there has been contact between the uninsured vehicle and the vehicle in which the injured claimant is riding. “Hit and run” accidents are covered; “miss and run” accidents usually are not.
It is important to examine the language of the particular policy. The language of policies issued by American Family, State Farm, Progressive, General Casualty, Farmers, Acuity, Geico, Allstate and many others may be written differently, so there may be distinctions in coverage from insurer to insurer, and changes in one company’s policy from year to year.
Thus, even though insurance policies issued in Wisconsin must cover accidents in which the other driver has no insurance, an attorney’s services are often required to review the policy language, argue a basis for coverage, and prove the claim.