Car accidents in Wisconsin: what to do and who pays

At the scene and reporting a crash in Wisconsin

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

A crash must be reported if anyone is hurt or killed, damage to any one person's vehicle or property is $1,000 or more, or damage to government property (other than vehicles) is $200 or more.

Damage amount

$1,000

Report to the state

If police don't file a report, each driver must complete the Wisconsin Driver Report of Crash (DT4002) with WisDOT, online or on paper. You must also complete one if WisDOT sends you a letter asking for it.

Law

Wis. Stat. § 346.70(1); WisDOT, Crash reporting

Official text

Read the official text

First 24 hours after a crash in Wisconsin

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Wisconsin

Wisconsin is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP. The at-fault driver's liability insurance pays for others' injuries and damage. Insurers must offer medical payments coverage (minimum $1,000 if you take it), but you can decline it (OCI).

Law

Wisconsin Office of the Commissioner of Insurance, Auto Insurance FAQ

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Wisconsin

Rule

Modified (51% bar)

What it means

In Wisconsin, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

Wis. Stat. § 895.045, as explained by OCI: you can recover only if your negligence is not greater than the other party's, reduced by your share.

Compare every state's rule in the comparative negligence table.

Who pays in Wisconsin: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Wisconsin

Liability minimum

25/50/10

Uninsured / underinsured motorist (UM/UIM)

Uninsured motorist coverage of $25,000/$50,000 (bodily injury only) is required. Underinsured coverage is not mandatory and can be rejected, but if you buy it the minimum is $50,000/$100,000 (OCI).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Wisconsin

Purchase and print crash reports online through WisDOT's crash report site, https://crashreports.wi.gov/ (linked from WisDOT's crash reporting page).

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Wisconsin

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Wisconsin

Claim injuries under your required uninsured motorist coverage. Under Wisconsin's Safety Responsibility law you can send WisDOT damage forms (MV3658 vehicle, MV3657 property, MV3656 injury) together; WisDOT reviews them within about 180 days, and an uninsured driver found responsible who doesn't pay or post security loses their license and/or registration for one year.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Wisconsin

Property damage (your car)

Check your state

Injury

3 years

Notes, including claims against a government

Injury: OCI says you have three years from the crash to settle an injury claim or file a lawsuit.

Law

Wis. Stat. § 893.54 (injury, 3 years, confirmed by OCI); property: see note

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Wisconsin

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Wisconsin

Small claims limit

$10,000 (personal injury and other tort claims capped at $5,000).

Wisconsin small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Wisconsin

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Wisconsin Office of the Commissioner of Insurance (OCI) · 1-800-236-8517 or (608) 266-0103

Free help in Wisconsin

• WisDOT: Safety responsibility law (uninsured motorists)
• Wisconsin Court System: Small claims self-help

Good to know in Wisconsin

• Reportable crashes appear on every involved driver's record regardless of fault (WisDOT).
• OCI says you have three years from the crash date to settle an injury claim or file a lawsuit.

Free letters

Questions about car accidents in Wisconsin

Other states