What Should I Do If the At-Fault Driver Is Uninsured or Underinsured in Wisconsin?

Posted on May 15, 2026 by Tracy Tool

If you were hit by an uninsured or underinsured driver in Wisconsin, you need to report what happened to your insurance provider as soon as possible. You may be able to cover medical bills and vehicle damage through your uninsured motorist/underinsured motorist (UM/UIM) coverage. It’s also a good idea to contact the accident lawyers at Bye, Goff & Rohde to discuss potential legal action against the driver.

These kinds of collision cases can be stressful. Let’s offer a breakdown of why these crashes are a major problem, what you can do immediately after any kind of car accident, and your options for seeking compensation.

If you were in any sort of car crash and need to discuss your legal options with skilled attorneys, call (715) 425-8161 or contact Bye, Goff & Rohde online. Our lawyers have more than 215 years of combined experience, and we can get you the answers you need when you need them.

 

Why Uninsured and Underinsured Motorists Are a Problem

If a driver does not have car insurance and causes a collision, the victim of the crash is usually left with the bill. This is a major problem all over the United States, and it leaves a lot of Wisconsinites in an uncertain and potentially desperate financial situation after a crash.

According to the Insurance Research Council, 18% of American drivers are underinsured, and 15.4% of Americans have no car insurance at all.

This means that one out of every three drivers in the U.S. lacks sufficient insurance to cover the cost of repairs and medical bills. However, there may be coverage options to consider on your own car insurance policy for uninsured motorist coverage.

 

What to Do Immediately After a Car Accident

After any kind of vehicle crash, here are a few things you can do to help create a record of what happened and potentially strengthen your insurance claim or a case against the negligent driver.

  • Call 911 or the Police: Call emergency response or local authorities to respond to the accident scene. When they arrive, be cooperative and provide the information they request. This will lead to an official police report of the accident. However, avoid discussing your injuries or claiming fault for the accident.
  • Get Contact Info from Everyone Present: Get the name, phone number, email address, mailing address, and license numbers of drivers or passengers involved in the crash. You should also get the names and contact info from any witnesses to the accident as their accounts can be vital in resolving disputes about what happened.
  • Document the Crash and Accident Site: Take photos and video of the collision, vehicle damage, injuries, and the accident site.
  • Seek Medical Attention: Even if you feel okay after a motor vehicle accident, you should see a doctor as soon as possible. Certain injuries may not be immediately obvious. Getting a medical exam will ensure you can receive treatment and create an official medical record of the harm from the accident.
  • Speak with Our Car Accident Lawyers: Call Bye, Goff & Rohde at 715-425-8161 about the accident before you speak to any insurance company. We can review what happened, explain how to protect your rights, and discuss the best course of action based on the situation and parties involved.
  • Notify Your Insurance Company: After speaking with a lawyer, notify your insurance company about the car crash. Be factual and provide the necessary information, but do not sign anything or make any agreements for settlements. As soon as you hire a car accident lawyer, they will be the one to talk with the insurance companies on your behalf.

 

Important Reminder: If You Get Into a Collision, Don’t Admit Fault

Do not apologize or say you share any blame for the accident. If you’re 50% or less at fault for an accident in Wisconsin, you can still seek compensation. However, because of the modified comparative negligence rule, the compensation you receive will be reduced by your share of liability.

Insurance companies may use admissions of blame or fault against you. Just to be on the safe side, provide facts of what happened without your opinion or assuming you’re to blame. This can be extremely helpful in maximizing payouts for Uninsured or Underinsured Motorist UM/UIM claims.

 

Options to Consider After an Accident with an Uninsured or Underinsured Motorist

While the adverse driver(s) in the motor vehicle accident may not have insurance coverage, you may have options with your own car insurance that may be able to help.

 

Use Your UM/UIM Coverage

Many car insurance policies include coverage specifically for uninsured motorists and underinsured motorists (UM/UIM Coverage). This can help pay for medical expenses and lost wages from injuries.  This could be just the peace of mind you need given how many American drivers lack sufficient car insurance.

 

Use Your Collision Coverage

For vehicle damage, you can use your collision coverage to cover the cost of vehicle damage and repairs. You may need to pay the deductible before this coverage kicks in, however.

 

Look Into Other Coverage in Your Insurance Policy

You may qualify for other kinds of cover in your insurance policy. Since this varies from person to person, we encourage you to contact your insurance provider directly for more information.

 

Can I Sue an Uninsured or Underinsured Motorist for Damages?

Yes, you can sue a driver who is uninsured or underinsured if their actions caused the collision. In these situations, you must demonstrate that the driver breached their duty of care and, in doing so, caused an accident that led to your injuries, medical expenses, damage to your vehicle, and other financial losses.

 

How Much Could I Win If I Sue an Uninsured or Underinsured Motorist?

This depends on the driver. Unfortunately, many uninsured and underinsured motorists lack significant assets. In fact, people may skip getting car insurance because they cannot afford it. For these individuals, they may not be able to pay sufficient damages simply because they lack the funds to do so.

If the uninsured or underinsured driver does have significant assets, the amount you could receive in a lawsuit will vary based on a number of factors unique to the accident.

 

Factors That Determine the Value of an Accident Claim

Some factors that could affect the value of a car accident claim include:

  • The severity of your injuries
  • The need for long-term medical treatment
  • The damage to your vehicle
  • The damage to any belongings from the accident
  • Lost income while recovering from your injuries
  • Loss of earning potential due to a long-term or permanent disability
  • Changes in your overall quality of life

When you discuss your case with the legal team at Bye, Goff & Rohde, we will examine the lasting impact of the collision on your life and help you learn the true value of your claim.

How Long Do I Have to File a Lawsuit After a Car Accident in Wisconsin?

In the state of Wisconsin, there are two different statutes of limitations for motor vehicle accidents:

  • Vehicle Damage/Injury Accidents: For accidents that cause damage or injury, you typically have three years from the date of the crash to take legal action.
  • Fatal Car Accidents: For accidents that result in someone’s death, a personal representative of the deceased’s estate has two years to file a wrongful death lawsuit.

Once those statutes of limitations have passed, you will not be able to take legal action even if you have a legitimate claim.

Regardless of what happened, it’s best to speak with our Wisconsin car accident attorneys as soon as you can. We can determine if you have a viable case, if it’s worth suing the uninsured or underinsured driver, and start gathering evidence to seek maximum compensation for what happened.

 

Why Wisconsin Residents Choose Bye, Goff & Rohde After Getting Hit by an Uninsured Driver

Bye, Goff & Rohde has a reputation for advocacy and strong counsel. After a collision with an uninsured or underinsured driver, we’ll review all options for compensation that make sense given the situation.

 

Serving Wisconsinites Since 1974

Bye, Goff & Rohde has represented survivors of serious car accidents for over 50 years. We’ve been around for decades because we genuinely care about our clients, their families, their lives, their livelihoods, and their stories.

 

More Than 215 Years of Combined Legal Experience

You’re not just hiring our law firm—you’re hiring an army. The attorneys at Bye, Goff & Rohde have more than 215 years of combined experience. We pool that collective knowledge to help maximize compensation in cases that involve uninsured or underinsured motorists.

 

A Reputation for Great Legal Results

Our law firm has fought to secure maximum compensation for our clients after life-changing accidents that involved reckless drivers. We encourage you to view our record of case results to get a sense of what we can do for you when your life has changed.

 

Clients Don’t Pay Unless We Win

Accidents with uninsured and underinsured motorists can leave you in a bad financial situation. To help people who’ve been seriously injured, we accept cases on a contingency fee basis. That means clients don’t pay us anything unless and until we can secure a settlement or win damages in court.

 

Request a Free Consultation with Bye, Goff & Rohde Today

When your life is changed by a reckless driver, you don’t have to face the challenges ahead on your own. The team at Bye, Goff & Rohde can help you assess your situation and find the best path forward to cover your medical expenses, repair bills, lost wages, and other financial losses. To request a free case review, call (715) 425-8161 or contact our Wisconsin law firm online.