When you're involved in a collision with an intoxicated driver in Wisconsin, uninsured/underinsured motorist (UM/UIM) coverage becomes a critical financial safeguard. This protection serves as a safety net when the at-fault driver lacks insurance entirely or carries insufficient coverage to address your damages. Wisconsin's unique legal framework regarding drunk driving accidents makes understanding UM/UIM coverage particularly important, as these cases often involve extensive medical costs, property damage, lost wages, and significant pain and suffering. Related areas include stacking provisions, which allow you to combine multiple policy limits; subrogation rights, which affect how your insurer may recover costs from the at-fault party; and the intersection with Wisconsin's comparative negligence laws. For victims pursuing personal injury claims, UM/UIM coverage can mean the difference between receiving adequate compensation and facing overwhelming financial burden, especially when drunk drivers lack the personal assets to satisfy judgments beyond their policy limits or when they flee the scene altogether.

Legal Rights and Considerations

Wisconsin law requires all auto insurance policies to include uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, though underinsured motorist coverage remains optional. Wisconsin follows a modified comparative negligence rule (Wis. Stat. § 895.045), allowing recovery when you're less than 51% at fault, but reducing compensation proportionally to your liability percentage. Crucial for drunk driving victims, Wisconsin's three-year statute of limitations (Wis. Stat. § 893.54) applies to personal injury claims, though this timeframe may be tolled in certain circumstances. Compensation typically includes economic damages (medical expenses, lost income) and non-economic damages (pain and suffering), with punitive damages potentially available in egregious DUI cases under Wis. Stat. § 895.043. UM/UIM claims follow a first-party insurance process, requiring adherence to specific policy notification requirements and proof of damages. An experienced Wisconsin OWI accident lawyer(link is external) will handle all aspects of the legal claim.

Unisured motorist coverage can be a factor in all kinds of injury accident claims. Click the links below to get information from an experienced attorney for accidents including:

• Wisconsin car accident attorney(link is external);
• Wisconsin pedestrian accident attorney(link is external);
• Wisconsin motorcycle accident lawyer(link is external);
• Wisconsin truck accident lawyer(link is external);
• Wisconsin bicycle accident attorney(link is external);

Related Resources

Wisconsin Courts

• Wisconsin Circuit Court Access (CCAP): https://wcca.wicourts.gov(link is external)
• Wisconsin Court System: https://www.wicourts.gov(link is external)

Victim Support Services

• Wisconsin Department of Justice - Office of Crime Victim Services: https://www.doj.state.wi.us/ocvs(link is external)
• MADD Wisconsin (Mothers Against Drunk Driving): https://www.madd.org/wisconsin(link is external)
• Wisconsin Coalition Against Sexual Assault: https://www.wcasa.org(link is external)

State Traffic Laws and Regulations

• Wisconsin Department of Transportation - OWI Laws: https://wisconsindot.gov/Pages/safety/education/drunk-drv/default.aspx(link is external)
• Wisconsin State Legislature - Chapter 346 (Rules of the Road): https://docs.legis.wisconsin.gov/statutes/statutes/346(link is external)
• Wisconsin Insurance Commissioner - Auto Insurance Guide: https://oci.wi.gov/Pages/Consumers/PI-057.aspx(link is external)

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