Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is written by members of the State Bar of Wisconsin’s Lawyer Referral and Information Service (LRIS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Attorney Adam Vanderheyden, Rohde Dales LLP, Sheboygan
Imagine this: You are returning home from your summer vacation when a car runs a red light and collides with yours, leaving your vehicle overturned. Rushed to the hospital, you suffer a broken leg and a concussion, while your spouse, with a history of knee surgery, experiences increased pain. Your two children did not sustain any injuries. What steps should you take to protect your family’s rights?
Assert Your Rights
Recognize that you have the right to seek compensation for your losses. Despite insurance companies’ tactics to dissuade claims, you are entitled to recover damages caused by another’s negligence. Moreover, in most automobile injury cases, there is insurance coverage available, so you are not recovering money from the person who harmed you, only the company that promised to pay for the losses that they caused.
Report the Accident
Any collision resulting in an injury or property damage of $1,000 or more, or damage of $200 or more to state or government-owned property other than the vehicle must be reported. Because you were injured in the collision, you must complete the report. If the crash was not reported at the scene, visit wisconsindot.gov/crashreporting to file a report.
Seek Medical Attention
Prioritize your health by following medical advice and continuing treatment. In the above example, if you suffered a broken leg, a concussion, and back pain, you must continue your care. This will be in the form of follow-up appointments, physical therapy, chiropractic care, and medications, to name a few. If your medical professionals recommend any care, you must follow through with it.
If you are unsure whether your pain was caused by the collision, seek medical attention and mention that you think the collision may be a cause of your pain. Even if the emergency room doctors did not detect any injuries, consult with your primary care doctor, who is familiar with your medical history.
Moreover, even if your pain could be caused by multiple things, like a pre-existing condition, if it were made worse by the collision, damages for your pain are recoverable. Be sure to mention the accident and that it worsened your condition. Doctors should also evaluate your children, even if they may not have been injured.
Always mention the collision at your medical appointments so it will be included in your healthcare records. Keep track of the care you received, including when and where you received it, the miles you drive to and from your medical appointments, and any out-of-pocket costs you incurred, such as for medical devices or medications.
Notify Your Insurance
Inform your automobile insurance company of the collision. Cooperate with your insurer but refrain from making statements until consulting with an attorney. You have no obligation to engage with the other driver’s insurer.
Understand Your Losses
Wisconsin law provides injured parties with many avenues to recover their losses. This includes the recovery of medical expenses, lost wages, property damage, pain and suffering, and many more. Claims can have a past and future aspect to them, so if you suffer a permanent injury, you can claim those future losses.
Understanding the value of your losses is crucial. For example, if the value of an X-ray is $1,000, but your insurance company gets an adjustment of $500, this makes your bill $500. If your insurance company pays $250, you are responsible for $250. You can make a claim for the full value of the X-ray, or $1,000, not just the $250 you paid. If the insurance company offers “to take care of your medical bills,” they are reimbursing you for your out-of-pocket costs, not the full value of the services you received.
Understand The Insurance Available to You
Insurance policies and coverage can be complex, especially when multiple insurance policies are involved. Be sure to review your own insurance policy carefully to understand your coverage limits and exclusions. If the other driver is at fault for the collision, you may seek compensation through their insurance policy.
In Wisconsin, the minimum automobile insurance liability policy must provide coverage of $25,000 for the injury or death of one person; $50,000 for injury or death of two or more people; and $10,000 for property damage.
Ideally, the at-fault driver has sufficient liability insurance to cover your losses. If not, your policy may include uninsured or underinsured motorist coverage. Additionally, medical payments coverage could help with medical expenses from a collision.
Also, understand your health insurance, as different health insurance policies provide varying types of coverage and reimbursement procedures. Navigating the claims process can be challenging, so consider seeking legal assistance to ensure that your rights are protected.
Conclusion
To ensure proactive healthcare and injury claims, understand your treatment, losses, and insurance options. Consult a personal injury attorney promptly, many work on a contingency basis, meaning no fees unless you recover compensation.
Attorney Adam Vanderheyden, Rohde Dales LLP, Sheboygan, practices personal injury, real estate, insurance, and commercial law. He is a member of the State Bar of Wisconsin’s Lawyer Referral and Information Service, which connects Wisconsinites with lawyers throughout the state. Learn more at wislaw.org.
