Hit by an Uninsured Driver in Madison: What Are Your Options?

Call 911 immediately. Tell the responding officer that the other driver may not have insurance — ask the officer to verify insurance status and document it in the police report. Under Wisconsin law, all drivers must carry liability insurance (Wis. Stat. § 344.62), and driving without it is a traffic violation punishable by a fine of up to $500.

Document everything, even if the other driver has no insurance. Photograph all vehicles, damage, license plates, road conditions, traffic signals, and your injuries. Get the uninsured driver's name, address, phone number, and driver's license number. Without insurance, you will need to identify the driver personally if you file a UM claim or a lawsuit.

Get witness contact information. Witnesses are especially important in uninsured driver cases because your own insurance company — the one paying your UM claim — will scrutinize fault more carefully than if you were filing against another company. An independent witness confirming the other driver was at fault strengthens your UM claim significantly.

Your first step after an uninsured driver accident is to file a claim under your own uninsured motorist (UM) coverage. Every auto liability policy in Wisconsin must include UM bodily injury coverage of at least $25,000 per person and $50,000 per accident (Wis. Stat. § 632.32(4)). You cannot waive or reject this coverage — it is built into your policy by law.

Filing a UM claim feels strange because you are making a claim against your own insurer. But UM coverage exists for exactly this situation. Your insurer steps into the shoes of the missing insurance company and pays your bodily injury damages up to your UM policy limits. If you purchased UM coverage above the state minimum, your limits may be significantly higher.

Be aware that your own insurer is not on your side in a UM claim. They are paying out of their own pocket, so they have every incentive to minimize the amount. They may argue you were partially at fault (reducing the payout under Wisconsin's comparative negligence rule), dispute the severity of your injuries, or challenge whether your medical treatment was reasonable and necessary. Treat the UM claim process like you would any other insurance claim — document everything and consider getting an attorney involved.

UM coverage in Wisconsin covers bodily injury only — not property damage. If the uninsured driver damaged your vehicle, UM does not pay for repairs. For vehicle damage, you would need to use your own collision coverage (if you carry it) or sue the uninsured driver directly for property damage costs.

UM coverage pays for medical expenses, lost wages, pain and suffering, and other bodily injury damages — the same categories of compensation you would recover from the at-fault driver's liability policy if they had one. The payout is capped at your UM policy limits. If your damages exceed your UM limits, you can pursue the uninsured driver in court for the remaining amount.

Wisconsin also requires insurers to offer underinsured motorist (UIM) coverage (Wis. Stat. § 632.32(4m)), though you may have declined it. UIM is different from UM — it applies when the at-fault driver has insurance but not enough to cover your damages. If the at-fault driver has no insurance at all, UM coverage applies, not UIM.

Yes. You have the legal right to file a personal injury lawsuit against an uninsured driver in Wisconsin. You would file in Dane County Circuit Court if the accident happened in Madison. You must prove the other driver was at fault and that you suffered injuries and damages as a result.

The practical challenge is collection. Many uninsured drivers lack assets — they do not carry insurance because they cannot afford it, which often means they cannot pay a court judgment either. However, suing is not always pointless. If the driver owns property, has wages that can be garnished, or may acquire assets in the future, a judgment can be enforced. Wisconsin judgments are valid for 20 years (Wis. Stat. § 893.40) and can be renewed.

Most attorneys recommend filing your UM claim first for immediate recovery, then considering a lawsuit against the uninsured driver for any damages that exceed your UM policy limits. An attorney can evaluate whether the uninsured driver has assets worth pursuing.

Beyond UM coverage and a lawsuit, you may have other options. If you carry collision coverage on your auto policy, it will pay for vehicle repairs regardless of who was at fault (minus your deductible). Your health insurance can cover medical bills while the UM claim is processed. If you have medical payments (MedPay) coverage on your auto policy, it pays medical expenses up to its limit regardless of fault — and it pays faster than a UM claim.

If the uninsured driver was operating a vehicle owned by someone else, the vehicle owner's liability insurance may cover the accident. Wisconsin's owner liability statute (Wis. Stat. § 344.01(2)(am)) can hold vehicle owners responsible for damages caused by someone they allowed to drive their vehicle. This is worth investigating if the uninsured driver was borrowing a friend's or family member's car.

If the accident involved a commercial vehicle or an employer-owned vehicle, the employer's insurance may provide coverage even if the driver personally had no insurance. Workers' compensation may also apply if you were injured while working at the time of the crash.

Wisconsin's modified comparative negligence system (Wis. Stat. § 895.045) applies to UM claims just as it does to any other personal injury claim. Your own insurer can argue that you were partially at fault for the accident, which reduces your UM payout by your percentage of fault.

For example, if your damages total $80,000 and the insurer successfully argues you were 25% at fault, your UM payout would be reduced to $60,000. If the insurer argues you were 51% or more at fault, you recover nothing from your UM coverage.

This is one of the most important reasons to hire an attorney for a UM claim. Your own insurer has a financial incentive to attribute fault to you, and they will use the same tactics any opposing insurance company would. An attorney can push back on unjustified fault allocations and protect your recovery.

Wisconsin's statute of limitations for personal injury claims is 3 years from the date of injury (Wis. Stat. § 893.54). This deadline applies to both lawsuits against the uninsured driver and to disputes with your own UM insurer. For wrongful death claims, the deadline is 2 years (Wis. Stat. § 893.54(2m)).

File your UM claim as soon as possible after the accident. The sooner you start the process, the sooner you can begin receiving compensation for medical bills and lost wages. Keep detailed records of all medical treatment, expenses, missed work, and how your injuries affect your daily life.

Want to understand your options after being hit by an uninsured driver in Madison? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including what UM coverage may be available, whether a lawsuit makes sense, and the strength of your claim — and connect you with a Madison personal injury attorney experienced in uninsured motorist cases.

Being hit by an uninsured driver is frustrating, but it does not mean you are out of options. Wisconsin's mandatory UM coverage ensures you have at least a baseline of protection. Start with the Injury Claim Check to learn exactly what your options are. It is free, confidential, and takes about 60 seconds.