Car Accident Claims in Wisconsin

The driver or a passenger of a vehicle in a crash must immediately, by the quickest means available, notify the local police department, sheriff's office, county or municipal traffic department, or a state traffic patrol officer if the crash causes injury (any injury needing first aid or a doctor's attention) or death; apparent damage of $200 or more to government-owned property other than a vehicle; or total apparent damage of $1,000 or more to any one person's property or to a government vehicle. A first violation can bring a forfeiture of $200–$500.

For a crash that must be reported to police, the driver must send a written report to the Department of Transportation within 10 days, on the department's approved form, unless a law enforcement agency makes the report. The department may accept or require the report from a passenger or the owner instead. If the driver is physically unable, the owner must make the notice and report. Violations can bring a forfeiture of $40–$200 for a first offense.

A driver in a crash must reasonably investigate what was struck. If the driver knows or has reason to know someone was injured or killed, or an attended vehicle was damaged, they must stop as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment). Penalties: if no one was hurt, a $300–$1,000 fine and/or up to 6 months in jail; injury without great bodily harm, up to $10,000 and/or up to 9 months; great bodily harm, a Class E felony; death, a Class D felony. The vehicle owner can also be held liable for a forfeiture of up to $1,000.

Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.

Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.

Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.

Six years for an action (not arising on contract) for injury to real or personal property. Property damage from a motor vehicle accident has a three-year deadline.