Getting into a car accident can bring about physical injuries, emotional stress, and financial strains, too, like hefty medical bills and soaring insurance premiums. If you find yourself in this situation, it might be a good idea to consider contacting a car accident attorney. They can guide you through your legal options and help you understand how the incident might impact your insurance rates.

How Does Fault Affect Car Insurance Rates?

Insurance companies consider several factors when determining liability, and one of the most important factors is the fault of the accident. Who's at fault in a car accident can significantly impact the rate of insurance premiums.

The duration for which your insurance premiums rates will be higher after an accident varies depending on several factors, including:

  • Milwaukee laws
  • Insurance company policies
  • Your driving history
  • The severity of the accident

When determining premium rates, insurance companies consider the level of risk associated with each driver. If you are liable for a motor vehicle accident or have a history of accidents, it indicates a higher level of risk, increasing the likelihood of future accidents. 

At Natasha Misra Law, we encourage you to report your accident immediately to your insurance company. If you believe that your insurance company does not have your best interest at heart or that your rates increase, though you were not at fault for the accident, we can help. 

How Fault Impacts Insurance Claims

Insurance companies consider several factors when determining liability after an accident, with the fault being one of the most critical. Filing a claim should not lead to rate increases if you are not at fault for the collision. However, if you are liable or have a history of accidents, your premiums may rise due to the increased risk.

It's still vital to file a claim regardless of fault determination. This ensures you receive compensation for injuries, vehicle damage, and other expenses from the at-fault driver's insurance. Your own policy may also provide coverage like medical payments or uninsured motorist coverage to help pay bills.

Steps for Filing an Effective Insurance Claim

Here are some tips for filing a thorough insurance claim after a car accident:

  • Report the Accident: Notify your insurance company about the accident as soon as possible after it occurs. Provide key details like date, time, location, and parties involved. This starts the claims process.
  • Cooperate with the Insurer: Work closely with your insurance company during the investigation. Provide a recorded statement, access to your vehicle for inspection, and any supporting documents they request. This shows you are acting in good faith.
  • Track Expenses: Keep detailed records of all accident-related expenses, including medical bills, auto repair estimates, missed wages due to injuries, and communication with insurers. This evidence helps support your claim.
  • Request a Police Report: Obtain a copy of the official accident report filed by the responding law enforcement officer. Review it for accuracy regarding the determination of fault and details provided.
  • Don't Delay Care: Seek medical treatment immediately after the accident and follow all doctor's orders. Gaps in care can lead insurers to dispute injury claims.
  • Rental Car Coverage: If your vehicle is not drivable, make sure to specifically request rental car reimbursement from the at-fault driver's insurer. Most policies include this coverage.

Filing an insurance claim is the essential first step after any accident, regardless of who is deemed at fault. It starts the process of getting your bills paid and vehicle repaired.

Injured in a Milwaukee Car Accident? Contact Natasha Misra Law For Help

It's important to report your accident to your insurance company. If your premiums rise even if you were not at fault or believe the fault was wrongfully assigned to you after the accident, contact Natasha Misra Law for help. Call (414) 210-3834 for a consultation.

The aftermath of a serious car accident can feel extremely overwhelming. From seeking the medical treatment you need to tracking down witnesses and attempting to get back on your feet financially, you have so much to do - and filing an insurance claim may be the last thing on your mind.

Fortunately, you don’t have to do this alone. An experienced Milwaukee auto accident lawyer can help you pursue the compensation you need from the insurance companies to move forward. Your attorney can also explain the different types of claims available that you are able to file and can build a strong case to maximize your potential settlement.

Here, we will share a brief overview of the types of auto insurance claims you can file and how a skilled personal injury attorney can help you prepare one.

Filing A Liability Insurance Claim After A Car Accident

When you are involved in a car accident with a driver who carries liability insurance, you can file a claim against that driver’s policy. This is often called a “third-party” insurance claim, since you do not have a contract with the other driver’s insurer.

When you file a third-party claim, your auto accident lawyer will contact the other driver’s insurance company to initiate the claims process. When the claim is set up, your lawyer will provide the necessary documentation in effort to get the insurance company to accept insurance coverage and liability. This may include the following types of information and evidence:

  • Names and contact information of eyewitnesses to the incident;
  • The accident report;
  • Video footage of the accident scene;
  • Photos of your injuries and the damage to your vehicle;
  • Receipt for towing and storage of your vehicle;
  • The name and contact information of your vehicle repair shop.

When you finish treating for your injuries or when it has been determined that you have a permanent injury or require future medical treatment, then your attorney will also provide additional documentation to the insurance company such as medical records, medical bills, permanency reports, lost wages, etc. as it relates to your injuries. This process often involves a series of negotiations between your attorney and the claims adjuster. A skilled personal injury attorney will work hard to ensure you are not pressured into settling for less than you deserve.

Filing An Uninsured Motorist Claim

Wisconsin law requires all motorists to purchase liability insurance. Nonetheless, there are many drivers out there who can’t afford - or don’t bother to apply for - auto insurance. If you are hit by an uninsured driver, you will likely have to turn to your own insurance to pay for your damages. This is referred to as a "first party" insurance claim as it is against your own insurance company.

The State requires all drivers to carry minimum uninsured motorist coverage of $25,000 per person and $50,000 per accident for personal injuries. This coverage will pay for damages that you sustained when hit by an uninsured motorist. 

However, this type of coverage does not pay for property damage to your vehicle. Property damage would be handled through the collision coverage portion of your policy.

Filing A Claim For Underinsured (UIM) Motorist Coverage

Although Wisconsin law imposes minimum requirements for uninsured motorist coverage, it is not mandatory to purchase underinsured motorist (UIM) coverage in our State. 

UIM coverage provides an increased amount of coverage if you are injured in an accident caused by a motorist who was underinsured. UIM coverage increases the bodily injury protection if the limits of the at fault party are less than your UIM limits.

Hiring An Attorney After A Car Accident

When you are injured in a car accident, you need diligent, high-quality representation - regardless if you file a third party insurance claim or a claim against your own insurance company.

Milwaukee car accident law firm Natasha Misra Law can help. With a history of helping accident victims recover the compensation they deserve, we stand ready to discuss your case with you. Contact us today for a free consultation.


Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.