Wisconsin · Comparative fault · Updated Oct 2026

Comparative fault in Wisconsin: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Wisconsin, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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.
Insurance system
Fault (tort)

Insurance and small claims in Wisconsin

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).

Small claims limit for car damage in Wisconsin: $10,000 (personal injury and other tort claims capped at $5,000). Wisconsin small claims guide on Small Claims Map

More facts for Wisconsin

  • Reportable crashes appear on every involved driver's record regardless of fault (WisDOT).

If the insurer says you were partly at fault

  1. Get the police report. Purchase and print crash reports online through WisDOT's crash report site, https://crashreports.wi.gov/ (linked from WisDOT's crash reporting page). Reporting a crash in Wisconsin and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Wisconsin Office of the Commissioner of Insurance (OCI).

Who pays in Wisconsin: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Wisconsin

Questions about comparative fault in Wisconsin

Is Wisconsin a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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.

Where can I complain if an insurer blames me unfairly in Wisconsin?

Wisconsin Office of the Commissioner of Insurance (OCI): https://oci.wi.gov/Pages/Consumers/Filing-a-Complaint.aspx · 1-800-236-8517 or (608) 266-0103

How do I get 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).

More for Wisconsin drivers

Nearby states

Sources

Last checked: Oct 24, 2026.