See what to do after a Wisconsin car accident to protect your rights and build a strong injury claim.
On average, at least 83 people are injured or killed every day on Wisconsin roadways.¹
Wisconsin is a traditional fault state. This means you can pursue compensation from the at-fault driver and other negligent parties after a car accident. Most of the time, you’ll start by filing a claim against the driver’s insurance company.
Here’s what you need to know about Wisconsin traffic laws and vehicle injury claims.
What to Do After a Wisconsin Car Accident
Drivers who violate Wisconsin car accident laws can be slapped with fines, traffic citations, and points on their driving record. Here are five steps you can take after a car accident to comply with Wisconsin laws and start building a strong insurance claim.
1. Stay At the Scene and Exchange Information
Wisconsin drivers are required to stop and investigate the situation after an accident. When anyone has been injured or killed, or property has been damaged, the driver must remain at the scene.
Drivers must provide their name, address, and registration number to the other driver and vehicle occupants. Drivers must also display their driver’s license upon request.
2. Call 911 and Help the Injured
In Wisconsin, drivers are required to report an accident to the police in the quickest way possible. Drivers are also obligated to render reasonable assistance to the injured, including arranging for transportation to a medical facility if the person asks or is obviously injured.
Calling 911 to report the accident and tell the dispatcher if anyone is injured can satisfy your legal obligation, provided an officer arrives on the scene. If the police do not respond to investigate, you must submit a written report of the accident to the nearest police department within ten days.
3. Seek Prompt Medical Treatment
Just because you can get out of your car and walk around after an accident, don’t assume you don’t need medical attention. Serious injuries, like brain trauma or a ruptured spleen, may not be obvious, especially if you’re stunned or experiencing a surge of adrenaline after a collision.
Allow medics to look you over at the scene. Let them take you to the hospital if that’s what they recommend. If you aren’t transported to the hospital by ambulance, go to urgent care as soon as possible, preferably on the same day as the crash.
Refusing or delaying medical care is a health risk and gives the insurance company an excuse to deny or minimize your claim. The adjuster will argue your injuries aren’t related to the crash or are not as bad as you’re now claiming.
Tell your medical provider about every injury and symptom, including dizziness or nausea. You’re entitled to compensation for all your injuries, not just the most obvious one. Point out every bruise, scrape, and tender spot.
4. Gather Evidence From the Scene
Because Wisconsin is a traditional fault state, before the other driver’s insurance company will accept your claim, you’ll have to prove the other driver caused the accident. If you file a lawsuit, you’ll have to convince the jury of the other driver’s negligence.
Either way, you’ll need evidence to prove the other driver did something wrong, or failed to do what any reasonable person would do to prevent an accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify both your own insurer and the at-fault driver’s insurance company as soon as possible after a traffic accident. You don’t have to be fully recovered from your injuries before putting the at-fault driver’s insurer on notice.
You can expect the other driver’s company to send you an acknowledgment letter with a claim number and the adjuster’s contact information. Be on guard if you get a call from the insurance adjuster with a quick offer to settle your claim. It’s a common tactic to see if they can throw a little money at you to make you go away.
You won’t know what your claim is really worth before you’ve finished treating your injuries. It’s okay to politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your personal auto policy is a binding contract that includes a “notification and cooperation” clause. That means you must promptly notify your own insurance company of an accident, even when the accident is not your fault. In return, your insurance company has obligations to you, including a duty to defend you against lawsuits.
You could lose valuable legal protections if you don’t promptly notify your insurance company of an accident, and cooperate with your company’s investigation.
If you decide to hire an attorney to handle your case, your attorney will handle all communications with both insurance companies. Once you have an attorney, the adjusters are not allowed to contact you directly.
Severe injury claims should always be managed by an experienced personal injury attorney. Your attorney will look for all sources of compensation, gather the evidence needed to prove your damages, and defend you against allegations of shared fault.
Wisconsin Fault and Liability Rules
In a no-fault state, you make a claim against your own insurance company, and can expect a payout no matter who caused that accident. Wisconsin is a traditional fault state, meaning you can pursue compensation from the at-fault driver, but you bear the burden of proving fault.
Wisconsin Shared Fault Rules
Wisconsin is a modified comparative fault state. This means you can seek compensation from the other party so long as you are not more at fault than the other party. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in Wisconsin
Carter was driving on Maple Street in Racine. Logan was also traveling on Maple Street, right behind Carter. It was late in the day and getting foggy.
Carter’s brake lights were not working. He didn’t take the time to change the fuse and figured he’d be home before dark. He hadn’t figured on the fog rolling in. When a loose dog ran into the street, Carter slammed on the brakes.
By the time Logan realized the car in front of him had stopped, it was too late to avoid a collision. He did not reduce speed before crashing into the rear of Carter’s vehicle.
Logan was ticketed for following too closely. The police report also mentioned that Carter’s brake lights were not functioning.
Six months later, Carter made a $50,000 injury claim to Logan’s insurance company. Carter rejected the adjuster’s low counteroffer and filed a lawsuit.
At trial, the jury decided in favor of Carter. However, the jury determined that Logan was 60 percent to blame for running into Carter, but Carter was 40 percent to blame for driving a vehicle without working brake lights.
Carter’s final payout was $30,000, representing a 40 percent reduction to his claim value.
Wisconsin Car Accident Compensation
The average settlement for a moderate car accident claim in Wisconsin is $24,217, with average payouts ranging from $5,804 for minor injuries to $160,843 for severe injuries.
Injury settlements in Wisconsin can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Eau Clair County, Vang v. Kieper, 2004CV000608, the plaintiff accepted a $1,500 settlement for her sore neck injury case.
- In Dane County, Wallace v. Wittman,03-CV-1450, the court awarded $288,559 for injuries to the plaintiff’s jaw and head, and related depression. The award included $135,000 for pain and suffering.
Factors that impact Wisconsin car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like taxicabs, delivery trucks, and tractor-trailers carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Wisconsin State Minimum Insurance Requirements
Wisconsin is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $10,000 for property damage.
Wisconsin vehicle owners are required to carry uninsured motorist (UM) coverage at least equal to the state’s $25,000/$50,000 minimum for liability coverage. Underinsured motorist (UIM) coverage is not required, but if chosen must provide at least $50,000/$100,000 injury coverage per accident.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, such as medical bills, out-of-pocket costs, and lost wages, then adding one to three times that amount to account for your non-economic damages, commonly called pain and suffering.
The amount the adjuster will pay for your pain and suffering depends on how much your injuries disrupted your life after the accident. A multiple of one is reasonable for a few days in the recliner with ice on your knee. A multiple of two or three is justified for a kneecap fracture that kept you casted and on crutches for several months.
Serious injury claims should be handled by an attorney for the best outcome, including fair compensation for your past and future medical expenses, lost income, pain and suffering, and permanent loss of use.
Visitor Questions: Wisconsin Car Accidents
How can I get compensated if I don’t have billed medical costs?
I was injured in a car/bicycle crash. The car driver was totally at fault and was cited by the police. My bicycle was totaled ($600+…
Should I see my auto insurance adjuster in person?
I was involved in a multiple car accident. I was not at fault, the driver who caused the 5 car accident was intoxicated. He was…
How can I find out the other driver’s auto insurance policy limits?
There was bodily injury in an auto accident. I live in the state of Wisconsin. I would just like to know how an attorney can…
Rear end car accident with $6,000 in medical bills…
My husband was in an auto accident in July of 2010. He was rear ended on the interstate in Wisconsin while he was completely stopped…
Payment for Injuries to Child in Car Crash?
I’m wondering who gets the settlement for a child in car crash cases? I was t-boned by 16 yr old who was ticketed for running…