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What is Wisconsin's Direct Action Statute?

Wisconsin has a unique law that all Gurnee motorcycle riders need to know about, for those times you are riding through state. 

The Direct Action Statute states that any insurer who covers negligent behavior on the part of the insured is liable for damages. In other words, if you are struck by a negligent motorist, you sue his or her insurance company as well as the driver who injured you. Remember, this is a Wisconsin law, but it can complicate matters for Illinois drivers who get in an accident in Wisconsin or for Wisconsin drivers who get in an accident in Illinois.

In states that don’t have a Direct Action law, you can sue only the party who injured you. If you are involved in a Wisconsin motorcycle accident, however, that state’s laws govern, and you may bring a personal injury lawsuit against the negligent driver’s insurance company.

While this law may seem simple, sometimes uncertainties can arise if the at-fault driver is a commercial trucker or an out-of-state driver. Since it is not uncommon for truckers and private drivers to cross state lines and cause a Milwaukee motorcycle accident or an accident in Illinois, we often have to study the situation and the law thoroughly to ensure we are filing a claim against the right party.

If you have been involved in a motorcycle wreck or other automotive accident, you may not be sure whom to file a claim against. The experienced and compassionate Gurnee motorcycle accident lawyers at Hupy & Abraham are ready to assist you in figuring out your case so you get the maximum possible settlement for your injuries. Give us a call at (800) 800-5678 for a free consultation. Just for calling, we will send you a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, even if you do not hire us as your legal representatives.