Legal Question in Traffic Law in Wisconsin

Personal Injury in a non collision accident

Does Wisconsin uphold a law that states there has to be vehicle contact in order to qualify for uderinsured/uninsured motorist insurance?


Asked on 8/18/07, 8:25 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Personal Injury--Uninsured Motorist Recovery in a Non Collision Accident

I would need to research the applicable facts in order to answer this question. There is case law in WI requiring vehicle contact in order to establish uninsured motorist liability in certain hit and run situations where the at fault driver escapes and is never identified. These are often situations, however, where there is doubt about whether the mystery driver ever even existed (or at least existed anywhere other than in the claimant's imagination). Other situations, however, were a known driver was 100% at fault in causing an accident could yield a different result. Illegal drag racing, for example, which caused an accident without contact, could probably result in an enforceable uninsured motorist claim if the guilty parties were identified.

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Answered on 8/27/07, 5:26 pm


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