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On average, there are over 132,000 car accidents each year in Wisconsin – and roughly 27,000 of those result in injuries. The aftermath of a car accident can be overwhelming, especially in Wisconsin’s fault-based insurance system.
When we work with Wisconsin residents to resolve car accident injury cases, most don’t know how these laws impact their ability to seek compensation for injuries and damages until after the fact. This is why we created this article; to explain the state’s fault-based insurance system in detail so you’re armed with the right information.
In this guide, we’ll explain Wisconsin’s fault-based insurance system, breaking down its intricacies and providing clarity on how it intersects with personal injury laws.
Let’s get right into it, shall we?
No, Wisconsin is not a no-fault insurance state for car accidents. The state of Wisconsin operates under a fault-based system – also known as a “tort” system. In a tort fault-based system, the person who is at fault in causing the accident is responsible for paying the damages suffered by the victim.
This commonly includes medical expenses, lost wages, property damage, pain and suffering, and more.
If you’re injured in a car crash under a fault-based system, you have several options when seeking justice.
You can:
This differs from no-fault states, where your own insurance coverage (Personal Injury Protection) would pay for your medical expenses – regardless of who caused the accident.
Even though Wisconsin is not a no-fault state, we strongly recommend having Personal Injury Protection (PIP).
This is because the process of determining fault after a car accident tends to drag.
Since PIP covers your medical expenses, lost wages, etc. regardless of who caused the auto accident, you won’t be stuck waiting around to get the care you need or deal with financial hardship.
PIP coverage simplifies the process of getting treatment by allowing you to file a claim with your own insurance company, avoiding the need to wait for fault determination. Most importantly, it acts as a safety net, ensuring that your medical bills are covered up to the limit of your policy, even if the other party is uninsured or underinsured.
Wisconsin law requires ALL drivers to carry liability insurance with minimum coverage limits. Mandatory insurance requirements were put in place to protect all parties on the road with a financial safety net in case of accidents, ensuring that victims have a source of compensation should they suffer damages.
But unfortunately, not everyone follows the laws…
In scenarios where the at-fault driver does not have insurance, uninsured motorist coverage can protect the car accident victim and provide peace of mind.
This policy covers your damages when the other driver fails to have adequate insurance, ensuring you’re not left with giant medical bills or property damage.
Uninsured motorist coverage is an essential layer of protection that can also cover hit-and-run incidents, where the at-fault driver is not identified. Even better, this coverage may extend to all family members listed on the policy – and potentially to any passengers in your vehicle.
Technically no. Wisconsin law does not mandate collision coverage, but it’s strongly recommended. Collision coverage pays for repairs to your vehicle if an accident occurred, regardless of who is at fault. This type of coverage is particularly valuable in more severe accidents. Or, if the at-fault party’s insurance is insufficient to cover repairs.
Moreover, lenders often require collision coverage for financed or leased vehicles. This is to make sure their investment is protected against loss or damage.
Wisconsin operated under a comparative fault rule for car accidents. This means that if you’re partially at fault for an accident, your compensation will be reduced by your percentage of fault – a process that can also take a while to determine.
However, you can still recover damages if you’re less than 50% at fault.
This system was designed to encourage fair settlements by considering the actions of all parties involved in the accident. It also means that your recovery could be significantly impacted by how fault is apportioned. This is why it’s monumentally important to hire a professional car accident attorney to ensure accident investigations are thorough and you get compensated fairly.
Not exactly. The state’s comparative fault system allows for damage recovery based on the degree of fault, so liability can be split in various ways, not just 50/50. This flexibility ensures that compensation is more accurately aligned with each party’s responsibility for causing the accident.
It also highlights the need for precise evidence and effective legal advocacy to ensure fault is assigned fairly and accurately, impacting the final settlement or judgment in a personal injury claim.
Filing an insurance claim in Wisconsin tends to be more complicated than many assume. Truth be told, many factors come into play and every case is unique. Fortunately, your Wisconsin car accident lawyer will manage all the finer details. But it’s extremely beneficial for all victims to understand the basics.
When you hire an attorney, they do the heavy lifting, but it’s your job to provide them with the information they need. Knowing the basics can streamline the process and help ensure that your claim is handled efficiently and fairly. Here’s what you need to do:
This report is essential in documenting the accident’s circumstances – and is usually required by insurance companies.
Quickly notifying your insurer is critical after an accident.
The more information you provide, the smoother the claims process will be – and the more compensation you stand to earn. This ideally includes:
Understanding your liability coverage will help you know what to expect from the claims process.
Stay in touch with your insurance adjuster to keep the process moving.
If you’re facing difficulties with your claim or if you sustained significant injuries, hiring a personal injury lawyer with experience in car accident cases is crucial in recouping compensation for your damages suffered – and getting your life back on track.
Understanding Wisconsin’s fault-based insurance system and knowing your coverage options can significantly impact your recovery process after an accident. Remember, you’re not alone.
With the right knowledge and a dedicated personal injury lawyer by your side, you can navigate the legal landscape with confidence and focus on what truly matters — your recovery.
If you’re feeling overwhelmed by the aftermath of a car accident in Wisconsin, Mahony Law is here to help. We’ve helped many victims of car accidents seek the compensation they deserve – and it all starts with a free, no-obligation consultation. Call 262-331-3553, email us at info@mahonylaw.com, or fill out an online form.
Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.
