New Law Regarding Insurance
If you drive a vehicle–car, motorcycle or truck–you will be affected by the recent changes in Wisconsin’s insurance law. “Truth in Auto Insurance” provisions were enacted into law in Wisconsin in July 2009.
Wisconsin is the second-last state to require its drivers to have insurance. The last holdout is New Hampshire. According to the Commissioner of Insurance Web site http://oci.wi.gov/faq/auto.htm
After June 1, 2010, Wisconsin drivers will be required to have an automobile insurance policy in force or, in limited situations, other security which could be a surety bond, personal funds, or certificate of self-insurance. Details are available at the Department of Transportation, Division of Motor Vehicles (DMV), Hill Farms State Office Building, 4802 Sheboygan Ave., Madison, WI 53702.
Other major changes include:
INCREASED MINIMUM LIABILITY REQUIREMENTS
A minimum insurance liability coverage requirement for an accident increases from $25,000 to $50,000 for injury or death of one person, $100,000 for injury or death of two or more persons (up from $50,000), and $15,000 for property damage (up from $10,000). These limits apply to new and renewed policies issued after November 2, 2009. The previous minimum coverage levels had been on the books for over 20 years and were increasingly inadequate to cover the cost of serious injuries with the high cost health care.
Why is this beneficial?
While it may increase the cost of insurance for those who were purchasing the minimum allowable, it offers better coverage and protection for drivers and victims if and when they get into accidents. Too often, our firm has seen cases where the insurance coverage was not adequate to compensate people for their medical bills, pain, suffering, and losses. The “coverage” clients hoped was there did not really cover the incident adequately.
REQUIRED UNINSURED/UNDERINSURED COVERAGE AND MEDICAL PAYMENTS
Underinsured motorist coverage and medical payments coverage become mandatory under the new law. Uninsured and underinsured motorist insurance coverage now must be at least $100,000 per person and $300,000 per accident. This insurance is intended to cover the victim when hit or injured by an at-fault party who does not carry any insurance (uninsured) or carries inadequate insurance (underinsured). Medical payments coverage must be at least $10,000 and is intended to provide funds to pay your medical bills regardless of which party was at fault.
You might ask why you have to have the coverage if EVERYONE is supposed to now carry adequate insurance. The answer is that while it is the law, not everyone will obey it. If you are in a serious accident caused by an uninsured or underinsured driver, you can suffer severe economic loss. The coverage that you purchase helps cover high medical and recovery costs.
Why is this beneficial?
This protects YOU and your family from someone who does not cover his/her liability thoroughly. In the past, if the at-fault party did not have adequate insurance, the victim was just out of luck.
REDUCING CLAUSES ELIMINATED
The new law does away with “reducing” clauses. That means the proceeds from an underinsured at-fault driver’s liability insurance cannot be subtracted from the amount of the innocent driver’s underinsured coverage. This provision means that insurance companies selling insurance must provide the full amount of the insurance you paid for.
Why is this beneficial?
People were often surprised to learn that their coverage really wasn’t what they thought. In the past, your underinsured motorist coverage would cover only the amount NOT covered by the at-fault party’s insurance. So, even though you thought you could collect up to the full amount of the policy, the insurance companies were paying only the difference between what the at-fault party paid and your insurance coverage. Now, you are entitled to collect up to the maximum value of the insurance coverage you paid for.
There are two more major provisions you need to know about: anti-stacking and the removal of physical “hit” requirement for hit-and-run accidents. I will write about this in a few days. But enough law for now.
As always, our firm invites inquiries about the law as it applies to your personal injury claim. Call us at 800-227-6699.
Read more: http://www.hausmannmcnally.com/hausmann-mcnally/new-law-regarding-insurance/