No-fault insurance refers to a system where, if you or your loved ones are injured in a car accident, you can file a claim with your own insurance company to help cover medical expenses or vehicle damage, regardless of who caused the crash. While this type of coverage can be helpful, not every state follows the no-fault model.
If you’ve ever wondered whether Wisconsin follows a no-fault system for car insurance, the short answer is no. Wisconsin uses a tort system, meaning the at-fault driver is responsible for paying damages.
This article will explain how no-fault and tort systems differ, how Wisconsin car insurance laws work, and what to do if you’re in a car accident in the state.
No-Fault vs. Tort Insurance Systems
No-fault and tort insurance systems are both designed to help you recover after an accident, but they operate very differently. The state where the accident happens will determine which system applies.
No-fault insurance is used in select states like Florida, New York, and Michigan. In those states, each driver files claims through their own insurer, regardless of who caused the crash.
Tort insurance is where the driver who caused the accident is responsible for the damages. You’ll need to prove the other driver was at fault in order to receive compensation.
Understanding whether your state offers no-fault insurance or follows a tort system is crucial after an auto accident. In Wisconsin, you must demonstrate that the other driver is at fault to file a successful car accident claim.
Wisconsin Operates Under a Tort System
As mentioned earlier, Wisconsin is one of 38 states that use a tort-based model for car insurance. While it might seem straightforward that the person who caused the accident should pay for the damages, it also places responsibility on the injured party to prove the other driver’s liability.
This makes it important to understand how fault is determined and how Wisconsin car insurance laws apply in real-world scenarios.
How Fault is Determined in Wisconsin Car Accidents
After a claim is filed, the insurance company investigates the incident to determine who was at fault. Several forms of evidence may be used:
- Police reports
- Witness statements
- Photos or videos
- Traffic Laws
Insurance adjusters play a major role in making this determination. In some cases, if fault is disputed or unclear, a lawsuit may be necessary.
Wisconsin follows a modified comparative negligence rule. This means you can still recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% responsible, your payout will be reduced by 20%.
Minimum Auto Insurance Requirements in Wisconsin
Wisconsin car insurance laws require all drivers to carry minimum liability coverage. As of now, the state’s mandatory minimums include:
- Bodily injury liability: $25,000 per person / $50,000 per accident
- Property damage liability: $10,000
- Uninsured motorist coverage: $25,000 per person / $50,000 per accident
Drivers also have the option to purchase additional coverages that offer broader protection, including:
- Medical payments coverage: Covers medical bills regardless of fault
- Collision coverage: Covers damage to your vehicle in a crash
- Comprehensive coverage: Covers damage from events like theft or natural disasters
What to Do After a Car Accident in Wisconsin
Being in a car accident can be overwhelming, especially when you’re unsure about injuries or damage. But the first few steps are crucial. Here’s what to do if you’re involved in an auto accident in Wisconsin:
- Ensure safety: Check yourself and others for injuries and call emergency services if needed
- Exchange information: Collect the other driver’s name, insurance info, and contact details
- Take photos: Document the scene, vehicle damage, and any visible injuries
- File a police report: This may be legally required or useful for your insurance claim
- Notify your insurance company: Contact them as soon as possible to begin your claim
- Seek medical attention: Get checked by a doctor even if you feel fine, some injuries may not show symptoms right away
These steps help protect both your health and your ability to file a personal injury claim under Wisconsin’s tort insurance system.
Filing a Car Accident Claim in a Tort State Like Wisconsin
In a tort state like Wisconsin, car accident victims must file a third-party claim with the at-fault driver’s insurance company. This typically includes submitting medical records, repair estimates, and proof that the other driver caused the crash. It’s important to keep detailed records and act within the legal time limits.
Under Wisconsin car insurance laws, you have three years from the date of the accident to file a personal injury claim. Missing this deadline could result in losing your right to compensation.
Compensation in these cases may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Do You Need a Lawyer for a Car Accident in Wisconsin?
An attorney can help gather evidence, determine liability, negotiate with insurers, and even take the case to court if necessary. Having legal representation increases your chances of getting fair compensation under Wisconsin’s tort insurance system.
Working with an auto accident lawyer can be very helpful, especially when:
- There are disputes over who was at fault
- You suffered serious or permanent injuries
- Your insurance claim is denied or you receive a low settlement offer
Contact a Car Accident Lawyer for Help
The aftermath of an auto accident can be traumatic, confusing, and emotionally draining. A lawyer can help ensure your rights are protected and that you’re not taken advantage of during the claims process.
The auto accident lawyers at Sobo & Sobo are standing by to offer free consultations 24/7. Call 855-468-7626 today to discuss your case with an experienced attorney.
Frequently Asked Questions About Wisconsin Car Insurance Laws
- Is Wisconsin a no-fault state for car insurance?
No. Wisconsin follows a tort system, meaning fault must be proven to recover damages.
- Can I sue the other driver after an accident?
Yes, if they are found to be at fault for the collision.
- What happens if I’m partially at fault?
You can still receive compensation if your share of the fault is under 51%, but your payout will be reduced by your percentage of fault.
- Do I need uninsured motorist coverage?
Yes. Wisconsin law requires all drivers to carry uninsured motorist coverage to protect against accidents involving uninsured drivers.
- How long do I have to file a claim in Wisconsin?
You have three years from the date of the accident to file a personal injury claim.
