Wisconsin Car Accident Laws 2017-06-07T16:20:48+00:00

Wisconsin Car Accident Laws

If you were in a car accident in Wisconsin, it’s important to understand the state laws well.  Wisconsin car accident laws details how much money you can expect to receive if you were injured and how long you have to file a lawsuit.  See the details below.

How long you have to file a lawsuit for a car accident in Wisconsin’s for Personal Injury Cases. Statute of limitations is the time limit for going to court and filing a lawsuit. Every state has their own laws.

In Wisconsin, you have three years from the date of a car accident.  Before three years is up you have to bring your case to court.  You are able to claim involves injury, vehicle damage or both.

No matter how strong your claim may be, once three years is up you will not be able to bring a lawsuit.  This is not the same thing as filing an insurance claim.  This information regarding timeline to file a claim will be found if you read your policy.

Our recommendation is always to file your auto claim as soon as possible. This will speed up the settlement process and allow you to get your money faster.  It also gives you additional rights and protection by giving you plenty of time to investigate the accident further.  At this same time, you should be able to reach a settlement with either your insurance company or the driver at faults driver’s insurance company. Ultimately, if you are unable to reach a settlement, you will only then go to court and file a car accident lawsuit.  This timeline will only be possible if you file your claim immediately after the auto accident.

Wisconsin Car Accident Laws and what “Modified Comparative Fault” Rules are

Wisconsin’s state rules regarding auto accident compensation are quite unique.  Here’s how it is broken down.  Let’s assume your total losses from your car accident (vehicle damage, medical bills, lost income, etc.) total $10,000.  In this situation you also filed a lawsuit and the jury decides that you are 30% at fault and the other driver is 70 percent at fault.

In this case, Wisconsin will apply their modified comparative fault rule.  This means that you would get only $7,000 of the possible $10,000 as the other driver was 30% or $3,000 worth at fault.

Under Wisconsin’s comparative fault rule, you can recover damages as long as your negligence is exceeded by the other driver.  Basically, as long as your share of blame is less than the other driver, you are able to get compensation.  Remember that the money you’ll get for that car accident will be reduced by the percentage of fault assigned to you.

Other Rules regarding Car Accidents in Wisconsin:

Wisconsin Small Claims: $5,000 Limit

Wisconsin Personal Injury Statute of Limitations: You will have 3 years from the date of injury.  The only exception is if you don’t discover the injury until a later date.  In this case you have from the date you discovered the injury.

Wisconsin Car Accidents Involving Government Vehicles: These are treated differently.  In the case you were injured in a car accident caused by a government vehicle, you must sue the appropriate agency that owns the vehicle.  This can be a school, agency, city, county or state.