Six Wisconsin Car Accident Laws That May Impact Your Insurance Claim
- Nov 3, 2022
- 3 min read
Did you end up in the middle of a major car crash in Wisconsin? Or did you face a fender-bender in your grocery store parking lot? Whatever type of car accident you underwent, you can gain compensation from your car insurance claim to help cover medical costs, car repairs, lost wages, and more.
However, before you delve into filing an insurance claim, you should check out these car accident laws in Wisconsin that may affect your financial outcome from the insurance claim. For instance, Wisconsin is an at-fault state, which means the victim of a car accident needs to prove the other driver caused the crash or was at fault for the accident before recovering damages.
Are you ready to learn more about Wisconsin car accident laws and how it affects your insurance claim? Then keep reading!
Wisconsin Law Requirements for Drivers
When a driver either sees a car accident or causes a car accident, they have to follow some basic procedures. These procedures include:
Stopping or pulling over at the scene of the accident
Providing reasonable help to anyone injured during the accident including calling an ambulance
Calling the location police station to report the car crash
Staying at the scene of the accident to report to the police and provide information to the other driver
The Wisconsin Statute for Reporting a Car Accident
The Wisconsin Statutes section 346.70 states that the driver of a vehicle who has undergone a car accident that resulted in significant vehicle damage, property damage, the injury of a driver, or the death of a person needs to be reported as quickly as possible to the police department.
You may also report it to a traffic department or a state traffic patrol officer. The damaged property should belong to a state or government entity and must total at least $200 in damages.
Statute of Limitations for Wisconsin Auto Accident Court Cases
The statute of limitations in Wisconsin for automotive accident claims states that the case needs to get filed in the state’s civil court within three years after the car accident occurred. These cases are ones in which one driver may have injured another person.
In addition, when it comes to cases where vehicle or property damage took place, you will need to file the claim within three years as well. However, when filing a wrongful death lawsuit, you will need to follow the two-year statute of limitations.
Wisconsin Shared Fault Law
Wisconsin uses the Shared Fault Law, which means that every driver involved in a car accident has some liability and responsibility for the crash. Sharing part of the liability means that your insurance claim won’t necessarily lead to the entire financial amount that you may seek.
To gain any compensation, you will need to prove that the other driver is at least 50 percent at fault for the accident.
Wisconsin’s Car Insurance Law
The type of car insurance you have purchased also impacts the overall damages you can receive from your claim. In Wisconsin, the safety responsibility law requires drivers to have the financial coverage to pay for the costs associated with a car crash they caused.
The minimum car insurance liability coverage required in Wisconsin is:
$25,000 for bodily injury or death for each individual
$50,000 total for personal injury or death per car wreck
$10,000 to cover property damage
Wisconsin Rulings for Auto Accident Claims Against Government Bodies
Wisconsin has specific requirements while filing automobile accident claims against a government department, which include:
Sending a written letter to the attorney general within 120 days of the accident using certified mail
Adding all facts, names, injuries, and damages you are pursuing
Limiting total damage claims to $250,000
Conclusion
Now that you’ve learned about several of the top Wisconsin car accident laws that may impact your overall damages and your specific claim, you’re ready to start filing that claim. Working with a personal injury lawyer specializing in car accidents may get you the damages you seek.
