If you’ve been in a car accident with an underinsured driver can you recover all of your damages?
In Wisconsin, just like elsewhere in the United States, drivers are required to carry liability insurance. Unfortunately, after a serious injury, the other driver’s insurance may not be enough to cover your damages. If this happens, you have legal options. An experienced attorney can help you work through your claim and get the compensation you deserve.
Underinsured Coverage
Depending on your insurance coverage, your policy may be designed for exactly this situation. Carrying uninsured or underinsured coverage gives you a backstop to protect you. In a hit-and-run, or in an accident where the other driver does not carry enough to cover your damages, this policy benefit kicks in to cover your damages caused by the other driver–up to your own policy limits. It still will not help you beyond your limits, but it can provide some important protection for you.
File Through Your Insurer
You can file a claim with your company for the damages you sustain if the other driver is uninsured or does not have enough insurance coverage. If the other driver is at fault, your insurer will process your claim and go after the other driver through a process called subrogation. This means that your insurer sues on your behalf to recover damages for the accident. It may even be able to recover the amount that you pay for your deductible.
Work with Your Lawyer
Before you agree to a settlement with any insurance company, you should contact an experienced accident attorney. At Eisenberg Law Offices, we will take the time to work through your claim and help you understand the full damages you sustain. We will then help you pursue your claim and recover what you have lost. If you are in Wisconsin and have been in an auto accident, contact us online or at (608)256-8356 to get started.
This post was originally posted at https://www.eisenberglaw.org/recovering-after-an-accident-with-an-underinsured-driver/
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