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by Richard Schroeder |
On
the open road with the sky blue and the asphalt and warm
wind serving as peaceful reminders of why you ride a bike,
nature offers us little distinction when crossing the border
to another state. Waukesha, Oshkosh,
and Door counties and Madison, Wisconsin are great
destinations for a spring ride. As an owner of a bike
registered in Minnesota, you are probably familiar with our
state's requirements for insurance and how, under the law, a
motorcycle is sometimes given unique distinction. However,
crossing the border often brings you under a different set
of laws that could affect you and your bike should an
accident occur. Before discussing
how Minnesota and Wisconsin differ on accident-related law,
I'll echo that advice given to you by everyone from your
insurance agent to your mother. FULLY INSURE YOUR BIKE AND
YOURSELF. Who knows what lies ahead? You may find higher
premium coverage is as valuable as a case of bottled water
in the desert. Your agent can explain all the available
coverages and their costs. Besides being
dangerous and painful, accidents are messy. Paperwork,
complex insurance laws and policies only add to the hassle
of doctor visits, motorcycle repairs and the countless other
ways your life turns upside down. As a fully insured owner,
you essentially have a partner on your bike at all
times&emdash;one that will come in handy when your bike
comes into contact with another vehicle. Unlike Minnesota,
Wisconsin does not require its residents to carry insurance
on their vehicles. However, Wisconsin does have a financial
responsibility law, which may require someone without
insurance to post a bond or proof of financial
responsibility should they be found at fault for causing
damages in an accident. If your motorcycle
and another insured vehicle are involved in an accident in
Wisconsin, you generally have three years in which to assert
and settle a claim or file a lawsuit against the at fault
party. This is different from Minnesota law, which gives you
six years to bring such an action. If you, an insured
rider, were involved in an accident with an unidentified
uninsured driver on Wisconsin roads, your Minnesota-issued
motorcycle insurance policy would protect you. Because the
other driver is uninsured, you may have up to six years in
which to bring an uninsured motorist claim for your injuries
and damages caused in the accident. Unlike Minnesota,
Wisconsin law requires "contact" between an uninsured
vehicle and you or your bike before a claim can be made. In
either case, your attorneys will have to prove that the
other driver was "at fault" in causing the
accident. Accidents also
occur when something comes off another vehicle (debris, a
trailer, etc.) and strikes your motorcycle. As with any
accident, a complete and immediate investigation is
necessary to protect yourself and preserve any claims you
may have in the future. While it may not seem important at
the time, jotting down license plate numbers, witnesses and
locations is a good idea. Calling state and local police
departments is a must no matter how the accident
occurred. In Minnesota, it
is unlawful to operate any motor vehicle without liability
insurance. However, an uninsured motorcyclist riding
Minnesota or Wisconsin roads assumes personal and financial
risks. In either state, if you are found at fault for an
accident, you may be responsible for a host of damages for
both you and any other injured parties. This could result in
the garnishing of your wages to satisfy any judgments that
may be entered against you for the damage you
caused. While we all
believe that we ride responsibly, you never know how the
other driver is going to perform. That is the best reason
for motorcycle owners who enjoy roads in Minnesota,
Wisconsin and elsewhere to ride responsibly and to carry the
proper motorcycle insurance coverage to protect them against
those who don't. There are other
nuances to riding safely in Wisconsin. In the next column, I
will spell out other rules of the road in our neighbor to
the east and points west, south and north. M.M.M. Richard Schroeder is
an attorney with Michaelson, Schroeder & Mandel.
Michaelson, Schroeder & Mandel handles cases involving
motorcycle and auto accidents, personal injury, insurance
disputes, product liability and small business law.
This column is intended to
provide general information and is not to be construed as
legal advice or legal opinion on any certain facts or
circumstances. Minnesota Motorcycle Monthly encourages
readers to consult legal counsel on any specific legal
questions or matters.
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