Car Accident Laws in Wisconsin
Car accidents in Wisconsin can result in serious injuries, unexpected costs, and questions about what comes next. Whether your crash happened on icy roads in Green Bay or a busy street in Milwaukee, understanding your rights is key to protecting your recovery. This guide explains how Wisconsin’s car accident laws work, including fault rules, insurance coverage, time limits, personal injury laws, and what happens in cases involving rideshare vehicles or uninsured drivers.
Wisconsin Is an At-Fault State
Wisconsin follows a fault-based system for car accidents. This means the person who causes the accident is responsible for paying damages through their insurance. After a crash, you have three options:
- File a claim with your own insurance company
- File a claim with the at-fault driver’s insurance
- File a personal injury lawsuit in civil court
To succeed, you’ll need to show the other driver was negligent and that their actions directly caused your injuries.
Modified Comparative Negligence Rule
Wisconsin uses a modified comparative negligence rule with a 51% bar. You can still recover damages if you were partially at fault, as long as your share of fault is 50% or less.
However, your compensation is reduced based on your level of responsibility. For example, if you are 25% at fault and your damages are $80,000, you can recover $60,000.
Required Car Insurance in Wisconsin
To legally drive in Wisconsin, motorists must carry minimum liability insurance coverage of:
- $25,000 for injury or death of one person
- $50,000 for injury or death of two or more people
- $10,000 for property damage
Wisconsin also requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage, but drivers can choose to decline UIM coverage in writing.
- UM minimums: $25,000 per person and $50,000 per accident
- UIM is optional but strongly recommended
Statute of Limitations in Wisconsin
Under Wisconsin law, you generally have three years from the date of the accident to file a personal injury or property damage lawsuit.
If the accident caused a death and you are filing a wrongful death claim, you typically have three years from the date of death. However, if a government vehicle is involved, different notice requirements and deadlines may apply.
Failing to file within the deadline will likely prevent you from pursuing compensation.
When Must a Car Accident Be Reported?
You must report an accident to law enforcement in Wisconsin if:
- Someone is injured or killed
- There is $1,000 or more in property damage to any vehicle
- There is $200 or more in property damage to state or government property
Police will complete an official crash report, which is essential if you plan to file an insurance or legal claim.
Wisconsin Personal Injury Laws
Wisconsin’s personal injury laws give victims the right to pursue compensation when harmed by someone else’s negligence. In addition to car accidents, this includes:
- Slip and fall incidents
- Truck and motorcycle crashes
- Pedestrian and bicycle accidents
- Product liability injuries
There are no caps on economic or non-economic damages in standard personal injury cases, except in limited situations like medical malpractice.
Recoverable Damages in Car Accident Claims
If you’re injured in a Wisconsin car accident, you may be entitled to compensation for:
- Medical bills (past and future)
- Lost wages and loss of earning potential
- Pain and suffering
- Emotional distress
- Property damage
- Permanent injuries or disfigurement
The value of your case depends on your injuries, treatment costs, and how the accident impacts your life.
Rideshare Accidents in Wisconsin
If you’re involved in an accident with an Uber or Lyft driver, the insurance that applies depends on the driver’s activity:
- App on, no ride accepted: Up to $50,000 per person, $100,000 per accident, and $25,000 in property damage
- Ride accepted or passenger onboard: Up to $1 million in liability coverage
You may be eligible to file a claim against the rideshare company’s insurance if the driver was working at the time.
What If the At-Fault Driver Has No Insurance?
If the driver who caused the crash is uninsured or doesn’t have enough coverage, your UM or UIM coverage can help pay for your injuries. This is a vital protection in Wisconsin, especially in hit-and-run accidents or when the at-fault driver is financially irresponsible.
If you don’t have this coverage, your recovery options may be limited to suing the driver personally.
Should You Call a Lawyer After a Crash in Wisconsin?
If your injuries are serious, liability is disputed, or the insurance company isn’t treating you fairly, talking to a personal injury lawyer is a smart move. An experienced attorney can protect your rights, negotiate with insurers, and file a lawsuit if needed.
Most lawyers work on a contingency fee basis, meaning you pay nothing upfront and only pay if you recover compensation.