Hit-and-Run Accidents in Milwaukee

Drivers involved in auto accidents often have questions. They are unsure about exchanging information, taking pictures, giving statements and the extent of their insurance coverage. Moreover, they often wonder if their coverage will apply if the other driver is unidentified, or a “hit and run” driver. If you have these questions, you are certainly not alone. There are many hit-and-run accidents in Milwaukee every year, and more than 120,000 auto accidents occur in the state of Wisconsin each year, with nearly half involving bodily injury. This article discusses aspects of uninsured motorist coverage in hit-and-run accidents and highlights basic steps to take following an accident to preserve your rights should legal action be necessary.

Uninsured motorist coverage in Wisconsin hit-and-run accidents

If an unidentified or unknown driver caused your accident, you may still recover compensation for your injuries through your uninsured motorist coverage. Uninsured motorist (UM) coverage, which is legally required in Wisconsin auto insurance policies, covers you up to the amount of UM coverage you purchased for injuries or damages caused by a hit-and-run driver. Wisconsin courts have held that uninsured motorist coverage applies to accidents in which the identity of the vehicle at fault for the accident is unknown if three elements are satisfied:

• An unidentified motor vehicle
• The unidentified motor vehicle hits the plaintiff’s vehicle
• The unidentified motor vehicle (or driver) leaves the scene

Wisconsin courts have identified a number of situations where uninsured motorist coverage has applied in hit-and-run accidents, including:

• Theis v. Midwest Sec. Ins. Co., 606 N.W.2d 162 (Wis., 2000) – Flying objects from passing vehicle causing damage to plaintiff’s vehicle. Wisconsin Supreme Court held that statute mandated that UM coverage be provided for accident occurring when motor vehicle part was propelled into insured’s vehicle by unidentified motor vehicle. Direct physical contact between vehicles is not a requirement.
• Smith v. General Casualty Ins. Co., 619 N.W.2d 882 (Wis., 2000) – Damages in a chain reaction auto accident. Wisconsin Supreme Court held that UM coverage statute applied when physical contact requirement was satisfied when unidentified vehicle hit tractor-trailer that was pushed into driver’s vehicle. Again, direct physical contact between vehicles is not a requirement.
• Tomson v. American Family Mutual Ins. Co., 775 N.W.2d 541 (Wis. App., 2009) – Damage caused by motor vehicle part left on highway by unknown vehicle. Wisconsin Court of Appeals held that UM coverage statute requires coverage when a detached piece of an unidentified motor vehicle is propelled into the insured’s motor vehicle by an identified motor vehicle. Again, direct physical contact between vehicles is not a requirement.
• Zarder v. Humana Ins. Co., 765 N.W.2d 839 (Wis. App., 2009) – Hit-and-run requirements are satisfied when driver leaves the accident scene without providing any identification, even if the driver stops to check on victim. Currently before Wisconsin Supreme Court. A vehicle operator may be considered to have “run” from the scene of an accident even if she stopped, spoke to the victim, but failed to identify herself.

If you have questions about the legal implications of the uninsured motorist coverage in your auto insurance policy, contact an experienced Milwaukee personal injury attorney, such as those at Domnitz & Domnitz, S.C.

What to do after a Wisconsin auto accident

All motor vehicle accidents (including those involving snowmobiles, all-terrain vehicles and boating vessels) should be taken seriously. Responses should be prompt, courteous and conducted in a manner that will not jeopardize your ability to obtain lawful compensation to cover the cost of any resulting damages. Ideally, you should do the following after an accident:

• Obtain the other party’s name and contact/insurance information. Wisconsin law requires drivers involved in an accident to stop and provide their name, address and vehicle registration number, as well as reasonable assistance to those injured in an accident. W.S.A. 346.67, Subd.1(a),(c). Also, it is often easier to contact the insurer directly to initiate a claim rather than relying on the other driver to do so. You can quickly discover whether the other driver’s insurance will cover your damages or if other avenues of recovery should be considered.
• Obtain witness names and contact information. Witness accounts offer helpful information should legal action be needed. Often, a witness is better able to remember details of how the accident occurred than either driver. Also, you need a way to reach and interview witnesses soon after the accident before their memories become obscured by other events or are “guided” by insurance investigators experienced in taking statements with “friendly” twists.
• Contact the police. This is especially important if the other driver is not cooperative or leaves the scene of the accident before providing the information and/or assistance required by Wisconsin law. The officer on the scene can compile a report detailing the accident scene, the vehicles involved, as well as the weather and road conditions. These observations could be critical if later responsibility for the accident is contested.
• Take pictures of the accident scene. Pictures help people understand the physical injuries and property damages involved. They bring context to witness accounts and lend credibility to witnesses testifying about their observations. Pictures of the vehicle(s) involved in the accident are particularly important
• Request medical treatment. You may feel fine after the initial shock of the accident, but symptoms may appear after the passage of some reasonable time.

Many victims of hit-and-run accidents in Milwaukee claim to just be “dinged” from the accident, only to suffer complications from concussions or other internal injuries that could have been treated sooner. If any symptoms appear within 24-48 hours of an accident, go to an emergency room or walk-in clinic at once. Documentation of the onset of accident related symptoms is vitally important.

Contact an experienced Milwaukee personal injury attorney . Accidents can disrupt your life in many respects. Medical bills and wage losses may pose serious economic issues for accident victims. Proper treatment and adequate documentation are the keys to an efficient recovery of lawful damages. Delays in seeking treatment, gaps in treatment, or the failure to report all symptoms can cause irreversible damage to your rights. It costs nothing to ask a lawyer about how he or she can help you through the claims process And it can help greatly to avoid mistakes which could impact your rights and your later ability to be treated fairly under the law.