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Personal Injury and Uninsured Driving: What you Need to Know

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Auto accidents are never a pretty sight. From personal injury to dealing with insurance, it’s important that you understand how to proceed in recovering from an accident. When one or both of the drivers involved in an accident are uninsured, it presents a bigger legal issue. If you’ve been injured in an accident and a driver is uninsured, here’s what you need to know about auto insurance and personal injury.

Auto Insurance Laws in Wisconsin

The State of Wisconsin requires drivers to have auto insurance. According to the DMV, drivers must have liability, uninsured motorist and underinsured motorist coverage. Liability insurance provides drivers with coverage for personal injury and automobile damage. Uninsured and underinsured motorist insurance provides coverage when you or your passengers are injured and the other driver is uninsured/underinsured. Each type of insurance also carries a minimum requirement for how much money you’re insured for.

What if I can’t be insured?

Insurance companies may not give you coverage for a number of reasons. For example, you can be denied if you’ve been in auto accidents where an injury has occurred or your credit score isn’t looking so hot. Not having insurance is risky. If you fail to provide proof of insurance when an officer pulls you over, you may be ticketed. According to the DMV, states have plans set up that will help high-risk drivers find insurance plans. However, simply because you have been denied auto insurance doesn’t dismiss you from needing it, especially when you find yourself in an accident.

I’m uninsured and have been injured in an auto accident. What happens now?

It’s most important to first contact the authorities to help anyone who has suffered from injuries in an auto accident. Following that, you should contact a lawyer who specializes in personal injury and auto accidents. It’s important that you receive compensation from being injured in an auto accident. If you are at fault for an accident that causes damage to another’s automobile or self, you face a number of potential penalties.

First and foremost, you will be responsible for paying out of pocket for all damages to any automobiles and individuals involved. Uninsured drivers may face a suspension of their license. If you are driving under the influence, you may be subject to more serious legal trouble. By contacting a personal injury attorney, you can better assess the step towards receiving compensation.

When to contact a lawyer

If you are injured in an auto accident and one of the drivers is uninsured, it’s your best bet to call on a lawyer that can help you get compensated. Call on Gebhard Law Offices, a top personal injury lawyer in Milwaukee with a specialty in personal injury and auto accident cases.

When Is the Right Time to Call an Accident Attorney?

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You never expect it to happen, but accidents occur every once in a while. Whether it be a minor fender bender, a major crash, or somewhere in between, there are times when you need an accident attorney.

But how do you know when the right time is? Which situations require legal representation and which don’t? At what point in the process should you call?

two crashed cars over money

Does My Accident Warrant an Accident Attorney?

Sometimes the situation demands that you have an attorney on your side, helping you out. Other times, it’s best to keep things small and in-house. These are the times when you should definitely reach out to an attorney:

  • If you are injured, especially if the pain doesn’t stop.
  • If you will feel the hurt financially, with medical bills, lost wages, or car damages.
  • When there is a faulty report of the incident.
  • When the insurance company denies your claim or is acting in bad faith.

These are just a few reasons to call an accident attorney. All of them are viable reasons, and you should not hesitate to get into contact with legal representation.

Why Should I Hire an Accident Lawyer?

We get it: You want to handle the situation yourself, hopefully saving money in the process. But, if one or more of those reasons listed above happen, suddenly your money is flying out the window.

You want a knowledgeable attorney on your side. There are numerous complexities involved in any case. These include things such as dealing with insurance companies and having limited time to act. So, if you’re contemplating getting a lawyer, the answer has to be yes.

When Exactly Should I Call?

Time is of the essence when it comes to automobile accidents. The reports need to be accurate as soon as possible. You need to begin building your case immediately. And you only get one shot at the process.

The biggest factor in when to call for an accident attorney is proof—proof of injury, proof of damages, making sure the crash report is accurate, and getting the story straight on who is truly at fault.

So, when you feel that pain—bodily or monetarily—and you need to build a strong case for compensation, you need to contact an attorney within the first few days after an accident. This will give you the greatest chance of a powerful, quick legal case that ends with you getting what’s due.

Conclusion

Based on this information, more often than not you should contact an accident attorney. Their job is to aid you in this grueling, painful process to get you what you deserve.

There are instances where getting a lawyer is absolutely necessary. The reason why is because a lawyer has the knowledge, expertise, and time to help you create a case. But make sure you call a lawyer quickly: Time is not on your side when it comes to auto accidents.

If you’ve been involved in a car accident, a qualified Milwaukee accident attorney can help. Contact us today for a free consultation.

Common Questions About Car Accidents

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Car accidents are unexpected, shocking, and many times deeply emotional experiences. It is not easy to remain calm and collected in the minutes after a car accident. However, those first few minutes are critical to ensuring your safety immediately, and your rights during the aftermath of the accident. For this reason, Gebhard Law Office, LLC – your car accident lawyers in Milwaukee – is happy to provide some advice on what to do if you’re involved in a car accident.

What should I do if I am in a car accident?

The first thing that you should do if you are in a car accident is call 911. This gets medical personnel on the scene so that they can give you and anyone else in the car accident the medical attention they may need. If the 911 operator you speak to does not dispatch police, the next thing you should do is call the police, exchange information with the other driver, and wait at the scene of the accident. It is important that you do not admit liability for the car crash and that you do not leave.

Should I talk to the police if I am in a car accident?

Yes, absolutely. In fact, it is important that you are respectful and cooperative with police. Do not, however, take blame for the car accident or make accusations. Instead, stick to the facts.

How soon after a car accident should I get a lawyer?

If you have suffered any type of personal injury at all, you should contact a lawyer immediately. In fact, even if you feel fine it is in your best interest to discuss the event with a lawyer. Contacting a lawyer immediately after a car accident can help you start building your case and preserving the evidence you will need to win it. Having a lawyer on your side early can help you retain evidence, find witnesses, and answer questions you may have about insurance policy terms, the value of your claim, and more.

How much will it cost to talk to you about my car accident case?

Unless we win your case, nothing. Because we work on a contingency basis, we do not accept any fees for legal services unless a case is successfully won. In addition, we offer free, no-obligation legal consultations for all types of car accident cases. In general, our clients pay a specified percent of the recovery, which varies based on the unique circumstances of the case.

Should I tell my insurance company about my car accident?

Yes, absolutely. In fact, you need to notify your insurance company of any auto accident you are in. Most insurance companies stipulate that their policyholders report any car accident, and failure to do so can result in loss of coverage (and compensation) for the accident.

When dealing with your insurance company, be sure to follow the same general guidelines that you would when dealing with the police: Do not accept blame, do not make accusations, and stick to the facts of the accident. It is also usually a good idea to consult a lawyer before you provide any other information to your insurance company.

Contact us today!

At Gebhard Law Office, our Milwaukee personal injury lawyers are prepared to immediately respond to injured victims and families who contact our firm during their times of need. Contact us today on our website or at 414-873-6550 and we’ll get started fighting for your rights.

 

Milwaukee Car Accident Personal Injury FAQ’s

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How do I know if my Personal Injury lawyer is honest and ethical?

When you hire a Milwaukee car accident lawyer to represent you, you expect that your attorney will be honest, ethical and trustworthy. If you’ve never hired a car accident lawyer, then you may be wondering how to ensure you have hired the best possible lawyer to advocate for your recovery.

Five Ways to Learn About Your Lawyer

  1. Schedule a meeting – Most lawyers offer free initial consultations, so schedule a face-to-face meeting where you can get more information about your lawyer and how he or she can help you help you.
  2. Solicit recommendations – Car accidents are common occurrences. The chances are high that your friends, relatives and colleagues will have recommendations about reputable lawyers in the area.
  3. Contact the local bar association – See if there are complaints against your potential lawyer by reaching out to your local bar association. If a grievance has been filed against your lawyer at any time, the bar association will have a record of it on file.
  4. Read review sites – Check out websites like Yelp or Angie’s List to see what people are saying about your lawyer. You can also read testimonials on the lawyer’s website.
  5. Search the internet – A simple Google search can yield a wealth of information on your lawyer.

Taking at least one of the steps above goes a long way in helping you find an honest, trustworthy and ethical lawyer.

Can a car accident cause a brain injury?

Simply put: yes. Car accidents are one of the leading causes of Traumatic Brain Injury (TBI) in the United States, accounting for over 14.3% of incidents annually. It is critical to understand the risks and symptoms of TBI if you or someone you love is hurt in a car accident.

The Link Between Car Accidents and Brain Injuries

How do car accidents lead to brain injuries? Generally speaking, car crashes often result in traumatic brain injuries because:

  • The collision causes the driver or passenger to hit their head on either the dashboard or other object.
  • The force of the collision, coupled with violent shaking from the impact of the crash, causes the brain to collide with the skull and the brain to swell. The brain may experience trauma without penetrating the skull, resulting in what is commonly referred to as a “closed head brain injury”.

If you or a loved one has been hurt in a car accident, see a doctor immediately and report any pain, headaches, loss of consciousness, cognitive problems or sensory changes. All of these could be symptomatic of traumatic brain injury and may result in long recuperation times, lost income and lifelong disabilities. See how we can help you recoup financial losses and regain your life after a traumatic brain injury caused by someone else’s negligence. Call us today at 414-873-6550.

How can I help my teen become a safer driver?

As a parent, you can do a lot to help your teen become a safe driver. For example, you can:

  • Enroll your teen in driver’s education classes
  • Set safe driving rules for your teen and enforce the rules
  • Model safe driving behaviors
  • Reward safe driving

But others, like teachers, coaches, siblings, grandparents, relatives and employers, can also help your teen make smart driving decisions. Each of these adults offers a new and unique perspective on driving that can help your teen make safe driving decisions.

If I have been hurt in a car crash, how will I be compensated?

Unfortunately, it is not as easy as submitting a bill to your insurance company for reimbursement. However, it is possible to assign a dollar amount to your pain and suffering. But how?

Valuing Pain and Suffering After a Car Crash

In order to maximize profits, insurance companies typically pay out the minimum reimbursement. Unless you fight for the damages you feel you deserve, this could have a devastating impact on your recovery. Fight for fair damages by first proving the value of your pain and suffering. Factor in things that are unique to you and that depend on your specific physical injuries such as:

  • Physical pain
  • Loss of enjoyment of life
  • Insomnia
  • Worry

Next, ask family members, doctors and other trusted members of your circle to help your insurance company understand the extent of your pain and suffering. Hiring a reputable lawyer to advocate for you is the final piece of the puzzle. A good lawyer your lawyer will you receive fair compensation after you’ve been hurt in a car crash.

I am spending a lot of money as a result of my car crash injuries. Who will pay for my out-of-pocket costs?

Though your out-of-pocket costs may not seem as substantial as your medical expenses or lost income, they are still significant losses. Depending on your injuries and lifestyle, you may need help with:

  • Transportation
  • Housekeeping services
  • Support for tasks such as bathing or grooming
  • Childcare

The good news is that you may be able to recover for these out-of-pocket costs by requesting damages in your settlement. Damages are the sum of money awarded in compensation for an injury or loss. Insurance companies do not automatically include damages in a settlement unless you specifically request them, nor are they included in a court verdict unless you can prove your loss.

More on Damages

You can protect your right to damages by:

  • Keeping concise records (including receipts) of all your expenses
  • Hiring an expert witness who can vouch for the connection between your injury and your expenses.

Most importantly, hire an experienced car accident lawyer. Car accident lawyers know what you may entitled to in damages and how to advocate for you. Contact us today at 414-873-6550. to speak with a lawyer who may be able to help you.

After a car accident, how much lost income can I recover?

Whether full or part time, your injury may prevent you from working in any capacity. This greatly impacts your ability to earn income. Combined with out-of-pocket expenses resulting from your car accident injuries, this could be financially devastating.

In order to recover lost income, you will need supporting documentation to support your claim. Documentation could include:

  • A letter from your employer indicating your reduced or nonexistent hours, along with reasons why your injuries prevent you from performing your role.
  • A letter from an expert in your field who can provide credible testimony about how your injuries impact your job.
  • Copies of your tax returns that will help to prove the amount of income you earned prior to the accident.

Put simply, you have the right to recover for all lost wages, benefits and income if someone else was legally responsible for your car accident.

If I have been hurt in a car accident, how can I pay for my medical expenses?

By law in Wisconsin, your medical payment coverage is included in your auto insurance policy. If you or a loved one has been hurt in a car accident, you can use this coverage to pay for your medical expenses. While substantial, the coverage may not be sufficient to pay for all of your medical expenses.

Private health insurance or government health insurance such as Badgercare may also be used to pay for your medical expenses. Unfortunately, this coverage can also only stretch so far; you will still be responsible for co-pays and deductibles and medical care not covered by your insurance.

Holding Others Accountable

If another driver’s negligence led to your car accident, you may be entitled to hold them liable for current and future medical expenses such as:

  • Ambulance rides
  • Hospital stays
  • Emergency room visits and doctor’s office visits
  • Surgeries
  • Prescriptions and other medications
  • Physical therapies
  • Assistive medical devices (e.g. wheelchairs or walkers)

These are all good examples of medical expenses that you may be able to recoup if you have been injured in a car accident. You can also submit a bill for medical expenses you have already incurred if submitted with a doctor’s testimony.

Bottom line: the process of recovering damages for medical expenses following a car accident can be complicated. Make sure you have an experienced car accident lawyer on your side when submitting bills and asking for reimbursement. Schedule a free meeting with one of our highly-skilled lawyers by calling us at 414-873-6550.

I would like to buy a car for my teen driver. What safety features should I look for in a car?

With so many different safety options out there, it may be confusing to know which features in a car are critical to protecting your child and which are simply luxuries.

In 2015, the Insurance Institute for Highway Safety (IIHS) published a list of cars that were top-ranked for safety and reliability. These cars included the Subaru Forester and Toyota Highlander, among others. Additionally, the IIHS identified several features in cars that may prove critical in keeping teen drivers and passengers safe. These include:

  • Cars without high-horsepower engines
  • Bigger, heavier cars
  • Electronic stability

Side airbags and backup cameras are also important safety features that were not included on the list.

How do car accident insurance settlements start?

Soon after your car accident, you may get a call from an insurance adjuster. Many believe that this is when the car accident insurance settlements starts. But the process actually begins with a demand letter.

The Demand Letter

Remember that an insurance company does not have to give you money unless it is specifically requested. So your attorney must send a formal demand letter to the insurance company requesting a settlement. A good demand letter is persuasive and well-written. Additionally, the demand letter should include:

  • Details about the specific injuries you have suffered or suffer from.
  • Specific damages you seek as a result of your injuries.
  • Concise details about your accident, including the reason why the other driver is liable for your accident and for your injuries.
  • Supporting documentation substantiating any claims laid out in the demand letter.

After the insurance company receives and considers your demand letter, you will receive a formal written response. Then, your attorney and the insurance company will negotiate until a settlement is reached or your case goes to court.

Still, you should never underestimate the importance of events that occur prior to the formal demand letter. Be cautious about talking to insurance adjusters, posting about your car accident to social media or foregoing medical treatment for your injuries. Doing any of these things before a demand letter could prolong and complicate your settlement.

If you have more questions about when the insurance settlement process begins, contact us today at 414-873-6550.

After a car accident, do I have the right to bring a lawsuit?

In Wisconsin, you have the right to bring a lawsuit if you were hurt in a car accident that was solely caused by someone else. Generally speaking, only legally competent adults can bring lawsuits. However, there are situations where you may be able to file suit on behalf of your loved one. For example, you can bring a lawsuit if:

  • You are the parent or legal guardian of a child.
  • You are the legal executor of the estate of a loved one who died in a car accident. Damages would belong to the state and distributed.

Remember: if you do not have standing, or the legal right to bring a lawsuit, then the defense will argue that your case should be dismissed. Therefore, it is important to know if you have appropriate legal standing prior to bringing a lawsuit. To find out whether you have legal standing to bring a lawsuit, please contact us directly at 414-873-6550.

The Importance of a Picture at the Car Accident Scene

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Cell Phones Cause Accidents but Can They Also Help in One?

We live in an age where the odds are high that you have your cell phone–and, therefore, a camera–no matter where you are headed. Cell phones are a common cause of accidents, but can also help in one. Not only is your cellphone a quick link to law enforcement, it is also critical in documenting an accident scene.

Cell Phones and Selfies

Selfies are endlessly mocked in the media, but they are actually very useful following a car accident. In fact, following a car accident, selfies allow you to:

  • Keep a visual record of any collateral damage.
  • Document your injuries.
  • Record your thoughts and feelings immediately after the accident.

However, unlike a traditional selfie, photos and videos taken at the scene of an accident should be kept off of social media platforms. Resist sharing information of what happened with friends or family, or risk the information being used against you by insurance companies.

Make sure to visit our Wisconsin Car Accidents Information Page for information, tips and advice on what to do after you have been involved in a car accident. Your recovery is greatly impacted by what you choose to do or not do immediately after your accident so it is crucial that you stay informed.

 

 

Gebhard Law Office