Finding out the driver who just hit you has no insurance is one of the most frustrating moments after an already stressful crash. It immediately raises the question: if there’s no insurance company to file against, where does the money come from — and is it even worth pursuing?
The answer depends on several factors specific to your situation. Our Wisconsin car accident lawyers help victims navigate exactly this scenario every day. Here’s what you need to know.
Key Takeaways
- Wisconsin law requires all drivers to carry minimum liability insurance of $25,000/$50,000 per person/accident and $10,000 for property damage — uninsured drivers are breaking the law.
- Wisconsin also mandates uninsured motorist (UM) coverage in every auto policy at $25,000/$50,000 minimums — your first line of defense is likely your own policy.
- Your own insurance company may fight a UM claim just as hard as any other insurer — having an attorney matters.
- Suing the uninsured driver directly can work, but only if they have assets or income to collect from — an attorney can investigate this before you commit.
- Even if a driver is currently “judgment-proof,” tools like wage garnishment and property liens can allow collection over time.
- An estimated 14% of U.S. drivers are uninsured — this is a far more common situation than most people realize.
Wisconsin’s Auto Insurance Requirements — And What Happens When Drivers Ignore Them
Under Wis. Stat. § 344.62, every driver in Wisconsin must carry minimum liability coverage of:
- $25,000 for bodily injury or death of one person
- $50,000 for bodily injury or death of two or more people in a single accident
- $10,000 for property damage
Driving without insurance in Wisconsin is illegal and exposes the uninsured driver to severe penalties — and to a higher likelihood of being personally sued when they cause an accident, because they have no insurance company to defend them. According to the Insurance Information Institute, approximately 14% of U.S. drivers are uninsured at any given time, making this a far more common problem than most people expect.
Critically, Wisconsin also requires that every auto insurance policy include uninsured motorist (UM) coverage, with minimum limits mirroring liability coverage: $25,000 per person and $50,000 per accident. This makes your own policy the first and often most practical avenue for recovery.
Step 1: Look to Your Own Uninsured Motorist (UM) Coverage
Before considering a direct lawsuit against the uninsured driver, your attorney will review your own auto policy for coverage that can help compensate you. In Wisconsin, this typically includes:
Uninsured Motorist (UM) Coverage
Because Wisconsin mandates UM coverage in every policy, you very likely have it. UM coverage pays for your medical bills, lost wages, pain and suffering, and other losses when the at-fault driver has no insurance — up to your policy limits. If you were involved in a hit-and-run accident, UM coverage may apply there too.
Medical Payments (MedPay) Coverage
MedPay is optional in Wisconsin, but if your policy includes it, it covers immediate medical costs — ER visits, surgery, hospital stays, and post-treatment rehab — regardless of fault. It typically provides a smaller amount than UM coverage, but it can deliver immediate financial relief while your UM claim is being processed.
Collision Coverage
If you have collision coverage, your insurer can pay for vehicle repairs or replacement regardless of who caused the accident. Wisconsin law does not include Personal Injury Protection (PIP) — so collision and UM are your main policy-based tools.
Important: Do not assume your own insurance company will cooperate easily. When you file a UM claim, your insurer technically steps into the adversarial role — they may question your injuries, dispute the other driver’s uninsured status, or delay payment. This is exactly why you want a car accident attorney managing the claim from the start. To understand more about what to do when an insurance claim is denied, see our guide.
Attorney Pemberton explains three strategies for managing medical bills after a car accident — including options that apply even when the at-fault driver has no insurance.
Step 2: Should You Sue the Uninsured Driver Directly?
If your UM coverage is insufficient or unavailable, suing the uninsured driver is an option — but it requires an honest assessment of whether it will produce any real recovery.
The Core Challenge: Collectibility
Winning a lawsuit and actually collecting money are two different things. Many drivers are uninsured because they are financially stretched — they may have minimal savings, no significant assets, and limited income. If the driver is effectively judgment-proof (meaning they have nothing meaningful to collect from), a court victory may be a hollow one.
Before advising you to sue, your attorney will investigate the driver’s financial situation — looking at property ownership, employment, and assets — to assess whether a judgment could realistically be satisfied.
When Suing Is Worth It
A direct lawsuit makes sense when one or more of the following are true:
- The driver owns property or assets — real estate, vehicles, savings, or investments that can satisfy a judgment
- The driver has steady employment — even if they can’t pay a lump sum, a court may authorize wage garnishment, allowing you to collect a portion of their paycheck over time
- The driver owns real estate — a court judgment can attach as a lien on their property, which must be paid off before they can sell or refinance
- The driver isn’t poor — just irresponsible — some uninsured drivers simply forgot to renew, let coverage lapse, or consciously chose to skip it while having sufficient means to pay
- Other liable parties may exist — if the uninsured driver was working at the time of the crash, their employer may share liability. Your attorney will investigate all potential defendants, not just the driver
Note that Wisconsin’s three-year statute of limitations under Wis. Stat. § 893.54 applies to lawsuits against uninsured drivers just as it does to any other personal injury claim. Don’t wait to consult an attorney.
What Damages Can You Recover?
Whether through a UM claim or a direct lawsuit, your attorney will seek compensation for all of your losses, including:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Vehicle repairs and other property costs
- Loss of enjoyment of life
One advantage of a direct lawsuit over a UM claim: you are not bound by policy limits. If your damages exceed your UM coverage ceiling, a lawsuit can seek the full amount. For more on how damages are calculated, see our guide on how much a car accident claim is worth in Wisconsin.
Contact Pemberton Personal Injury Law Firm — Wisconsin Car Accident Attorneys
William Pemberton, Wisconsin Car Accident Lawyer
Being hit by an uninsured driver is frustrating — but you are not out of options. At Pemberton Personal Injury Law Firm, William Pemberton has been named a Super Lawyer for 12 consecutive years and holds a Martindale-Hubbell AV Preeminent Rating. Our attorneys investigate UM claims and direct lawsuits alike, identify every avenue for recovery, and never charge a fee unless we win.
With offices in Baraboo, Madison, Eau Claire, and Sun Prairie, we represent car accident victims throughout Wisconsin. Fill out our online contact form for a free, no-obligation case evaluation today.
