Posted in Car Accident
Is Wisconsin an At-Fault or No-Fault State?
Wisconsin is an at-fault state, meaning the driver who actually caused the crash, or that driver’s insurance, is responsible for covering the resulting damages in full. Unlike no-fault states, Wisconsin drivers are not required to rely on their own Personal Injury Protection coverage first before pursuing the at-fault party.
What Insurance Am I Required to Carry?
Wisconsin requires liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 in property damage coverage. The state also mandates uninsured motorist coverage at the same $25,000 and $50,000 limits for bodily injury.
These figures are often written in shorthand as 25/50/10, a format you may see referenced on your own policy documents or an insurance card. While these minimums satisfy Wisconsin’s legal requirements, they can fall well short of covering a serious injury, particularly once emergency treatment, surgery, and lost wages start adding up after a significant crash.
- Bodily injury liability: $25,000 per person, $50,000 per accident
- Property damage liability: $10,000 minimum
- Uninsured motorist coverage: $25,000 per person, $50,000 per accident
- Underinsured motorist coverage is offered but can be declined in writing
What Happens if the Other Driver Has No Insurance?
Your own uninsured motorist coverage steps in to cover your damages in this situation, since Wisconsin law requires every policy to include this protection. Without it, pursuing an uninsured driver personally for compensation often yields little, particularly if that driver has few assets worth pursuing.
Wisconsin also offers underinsured motorist coverage, which addresses a related situation where the at-fault driver has some insurance but simply not enough to cover your actual damages. Unlike uninsured motorist coverage, this protection can be declined in writing, so reviewing whether your own policy actually includes it matters before you assume the protection exists.
Does Partial Fault Affect My Claim?
Yes, but it does not automatically end it. Wisconsin follows a modified comparative negligence rule, meaning you can recover damages as long as your own fault does not exceed the other driver’s, generally fifty percent or less. Any recovery gets reduced by your own percentage of fault.
How Long Do I Have to File a Claim?
Wisconsin generally requires a car accident lawsuit to be filed within three years of the date of the crash. Claims involving a government-owned vehicle or a government entity carry a much shorter 120-day notice requirement, which runs on an entirely separate track from the standard deadline.
What Should I Do Immediately After a Crash?
Calling police to the scene, exchanging insurance information, photographing the vehicles and surrounding area, and seeking prompt medical evaluation even for seemingly minor injuries all help protect a future claim. Waiting to seek treatment can give an insurance adjuster room to argue the injury was unrelated to the crash.
A police report, in particular, often becomes one of the most persuasive pieces of evidence in a disputed fault situation, since it documents an officer’s independent, contemporaneous observations at the scene rather than relying solely on each driver’s own account of what happened.
Should I Give a Recorded Statement to the Other Driver’s Insurer?
Generally, this is worth approaching carefully. Statements given early, before the full extent of an injury is known, can end up limiting a claim later if symptoms develop or worsen over time. A Milwaukee car accident lawyer reviewing a new case often advises clients on how to handle these requests before speaking with an adjuster directly, since even a casual answer can later be used to minimize the claim.
How Does a Lawyer Help After a Wisconsin Crash?
A Milwaukee car accident lawyer identifies every applicable insurance policy, including uninsured and underinsured motorist coverage, and handles negotiations with adjusters who are focused on minimizing what they pay.
Who Handles These Claims for Milwaukee Drivers?
Hickey & Turim, S.C. represents Wisconsin drivers after serious crashes, working to identify every available source of compensation from the start of a case rather than settling for whatever the at-fault driver’s insurer initially offers.
