Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith Denial of Insurance Benefits
9. Damages
10. Stacking and Reducing Clauses
11. Arbitration vs. Litigation
12. Prayer for Relief
13. Verification

Caption

STATE OF WISCONSIN — CIRCUIT COURT — [COUNTY NAME] COUNTY

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing at [ADDRESS], in the [☐ City / ☐ Village / ☐ Town] of [MUNICIPALITY], [COUNTY] County, Wisconsin, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Wisconsin, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Wis. Stat. § 801.04.

5. Venue is proper in [COUNTY] County pursuant to Wis. Stat. § 801.50 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant transacts business in this county].

General Allegations

6. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/VILLAGE/TOWN], [COUNTY] County, Wisconsin.

7. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

8. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Failure to maintain control of the vehicle
☐ Other: [________________________________]

9. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

10. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

12. ☐ The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

☐ The Policy does NOT provide UIM coverage.

13. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

14. Plaintiff timely notified Defendant Insurer of the claim and provided all requested documentation.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

15. The at-fault motorist was uninsured at the time of the accident within the meaning of Wis. Stat. § 632.32(4), in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer has denied coverage / ☐ the at-fault motorist's insurer is insolvent].

☐ Underinsured Motorist (UIM) Claim:

16. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the damages sustained.

17. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

18. Defendant Insurer was given written notice of the settlement with the at-fault motorist's insurer and the opportunity to consent to or participate in the settlement.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

19. Plaintiff incorporates by reference all preceding paragraphs.

20. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

21. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

22. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

23. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith Denial of Insurance Benefits

24. Plaintiff incorporates by reference all preceding paragraphs.

25. Under Wisconsin law, every insurance contract carries an implied duty of good faith and fair dealing requiring the insurer to act fairly and in good faith in handling claims. Anderson v. Continental Ins. Co., 85 Wis. 2d 675 (1978).

26. Defendant Insurer has acted in bad faith by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without basis
☐ Failing to attempt in good faith to effectuate a prompt and fair settlement
☐ Compelling Plaintiff to initiate litigation/arbitration to recover amounts due
☐ Refusing to submit to arbitration under the policy's arbitration clause (if applicable)
☐ Other: [________________________________]

27. Defendant Insurer's conduct was a substantial factor in causing Plaintiff harm, including compensatory and consequential damages.

28. Defendant Insurer's conduct was intentional or reckless, entitling Plaintiff to punitive damages pursuant to Wis. Stat. § 895.043.

Damages

29. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (bad faith claim only): According to proof
☐ Attorney's fees and costs
☐ Prejudgment interest (Wis. Stat. § 807.01(4))

Stacking and Reducing Clauses

30. ☐ Plaintiff asserts that stacking of UM/UIM coverage is available under the Policy.

☐ The Policy contains an anti-stacking provision pursuant to Wis. Stat. § 632.32(5)(f), which Plaintiff [☐ acknowledges / ☐ challenges as unenforceable for the following reason: [________________________________]].

31. ☐ The Policy contains a reducing clause that reduces UM/UIM benefits by amounts paid from other sources.

☐ The Policy does NOT contain a reducing clause.

Arbitration vs. Litigation

32. ☐ The Policy contains an arbitration clause. Plaintiff [☐ demands arbitration / ☐ opposes arbitration and reserves all rights / ☐ asserts that Defendant Insurer waived the right to arbitrate by refusing to submit to arbitration when demanded].

☐ The Policy does not contain an arbitration clause. This matter shall proceed through normal litigation.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For punitive damages for Defendant Insurer's bad faith conduct pursuant to Wis. Stat. § 895.043;
4. For prejudgment interest pursuant to Wis. Stat. § 807.01(4);
5. For attorney's fees and costs;
6. For costs of suit incurred herein; and
7. For such other and further relief as this Court deems just and proper.

Verification

STATE OF WISCONSIN
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn on oath, state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

Subscribed and sworn to before me this [____] day of [____________], [________].

Notary Public, State of Wisconsin: [________________________________]
My Commission Expires: [__/__/____]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], State Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Wisconsin [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Wisconsin

Sources and References

• Wis. Stat. § 632.32 — Wisconsin Legislature
• Wis. Stat. § 632.32 — Justia (2025)
• Wisconsin UM/UIM Stacking — Sigman Legal
• Wisconsin Supreme Court Pre-2011 Stacking Decision — MWL Law
• Wisconsin OCI Auto Insurance FAQ