Wisconsin Motor Vehicle Accident Rules & Regulations

Insurance System & Requirements

System type: Wisconsin operates as a tort or “fault” system, meaning that the at-fault driver is responsible for paying the resulting damages in a car accident. 

Minimum liability required: Wisconsin law requires all drivers to carry minimum liability insurance to cover potential damages in the event of an accident. The minimum coverage amounts mandated by the state are:

• $10,000 for property damage per accident
• $25,000 for injury or death of one person
• $50,000 for injury or death of multiple people per accident

Uninsured motorist coverage (UM): Wisconsin law requires all drivers to carry UM coverage to protect themselves if they are involved in an accident with a driver who does not have liability insurance. The minimum coverage amounts are:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident

UM coverage does not cover property damage but ensures that if you or your passengers suffer injuries due to an uninsured driver, your policy will help cover medical costs and other damages.

Optional coverages: 

• Underinsured motorist coverage (UIM): Unlike UM coverage, in Wisconsin, insurers must offer underinsured motorist (UIM) coverage, but it is still optional. If accepted, the minimum limits are $50,000 per person and $100,000 per accident. If rejected, insurers do not need to provide it in renewal policies unless requested in writing
• Medical Payments coverage (MedPay): Medical Payments coverage (MedPay) covers medical and funeral expenses for you and your passengers, regardless of fault. In Wisconsin, insurers must offer a minimum of $1,000 per person, but policyholders can decline it in writing
• Collision coverage: Collision coverage is optional and helps pay for repairs or your vehicle's actual cash value (ACV) if it is damaged in a collision, regardless of fault. If your car is financed or leased, your lender may require you to carry collision coverage
• Comprehensive coverage: Comprehensive coverage pays for vehicle damage caused by non-collision events such as theft, weather damages, or animal collisions

Rideshare insurance requirements: For rideshare drivers that use their personal vehicles for Transportation Network Companies (TNC), Wisconsin requires specific insurance coverage:

• Logged into the app with no passenger: While a rideshare driver is logged into the application but has not yet accepted a ride request, the following insurance requirements apply:
  • $50,000 in liability coverage for death and bodily injury per person
  • $100,000 in liability coverage for death and bodily injury per incident
  • $25,000 in liability coverage for property damage
  • Primary uninsured motorist coverage must also be provided
• When transporting a passenger: Once a rideshare driver accepts a ride request and is actively transporting a passenger, higher insurance limits apply:
  • $1,000,000 in liability coverage for death, bodily injury, and property damage
  • Primary uninsured motorist coverage

Penalties for non-compliance: Wisconsin law requires all drivers to carry valid liability insurance and provide proof of coverage when requested by law enforcement.

• Up to $500 for driving without valid insurance
• $10 fine for failing to provide proof of insurance at a traffic stop or accident scene
• Up to a $5,000 fine for giving fraudulent or falsified proof of insurance
• Your driving privileges may be suspended for up to three years if you're in an accident without insurance and don't pay damages. To reinstate, you must file an SR-22 certificate with the Wisconsin DOT (WisDOT)

Fault & Negligence Laws

Negligence type

Wisconsin follows a modified comparative negligence system, which impacts how damages are awarded. An injured party can recover damages if they are not more than 50% at fault for the accident. However, any compensation awarded is reduced by the percentage of fault. If drivers are found to be 51% or more responsible, they are barred from recovering damages from other parties involved.

Multi-vehicle collisions

Wisconsin law assigns fault using proportional liability, meaning that each driver’s negligence is measured separately against other drivers involved in the crash. If multiple drivers are found negligent, the law limits the financial responsibility of those who are less than 51% at fault to only their assigned percentage of damages.

However, if a driver is found to be 51% or more at fault, they may be fully liable for all damages under joint and several liability rules.

In cases where a driver has already paid more than their fair share of damages, they can seek reimbursement from the other at-fault parties through contribution claims.

Passenger rights

Since passengers are rarely at fault, they can seek compensation from the responsible driver or multiple drivers if the accident involves more than one at-fault party. In cases where multiple drivers share responsibility, a passenger can seek compensation from each liable party based on their degree of fault.

Statute of Limitations

• Personal injury: If you were injured in a car accident, you have three years from the date of the crash to file a lawsuit
• Wrongful death: If someone dies due to a car accident, their family or estate has two years from the date of death to bring a wrongful death claim against the responsible party
• Property damage: If your vehicle or other personal property was damaged in the crash, you have three years to file a claim for repairs or replacement costs

Claims against the government: If the accident involved a government vehicle or employee, you must file a written notice within 120 days of the crash. If the government denies your claim, you have six months to sue.

Exceptions to the rule

• Minors: If the injured person was under 18 years old at the time of the accident, they may have additional time to file a claim after turning 18
• Mental incapacity: If the injured person was mentally incapacitated at the time of the accident, the deadline may be extended until they regain the ability to take legal action
• Hidden Injuries: In some cases, if an injury is not immediately apparent, the court may allow for an extension, but this is not guaranteed
• Absence from the state: If the at-fault party leaves Wisconsin after the accident but before you sue, the time they are out of state does not count toward the statute of limitations

Procedures for MVAs & Police Involvement

When to file a report

Wisconsin law requires drivers to report an accident if:

• The accident resulted in the injury or death of any person
• The accident caused $1,000 or more in property damage to any one person’s property, including vehicles
• The accident caused $200 or more in damage to state- or government-owned property

Drivers must report accidents to the local police department, county sheriff’s office, or state patrol, depending on where they occur.

Filing a report

When an accident occurs, it is always recommended to contact law enforcement. If a police officer responds to the scene, they will file an official accident report. However, if law enforcement does not investigate, you must file a report through: 

• Online: Complete a crash form application on the WisDOT website
• Mail: Download and fill out a Wisconsin Driver Report of Accident (MV4002), and mail it to: 

Wisconsin Department of Transportation
PO BOX 7919
Madison, WI 53707-7919

Accessing accident reports

Use the Wisconsin Crash Reports System to search for and purchase your report for an undisclosed fee. Reports are typically available 10 to 15 business days after being submitted by law enforcement.

Types of Compensation Available & Their Limits

• Economic damages: Economic damages cover financial losses from a car accident, including medical expenses, lost wages, loss of earning capacity, vehicle repairs, and other accident-related costs
• Non-economic damages: These damages compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium
  • Damage caps: Wisconsin does not limit how much you can compensate for  economic and non-economic damages

Punitive damages: Punitive damages are awarded in cases involving gross negligence or intentional misconduct to punish the at-fault party and deter similar behavior: 

Wisconsin limits punitive damages to the greater of:

• Twice the amount of compensatory damages, or
• $200,000

Claims against the government: Wisconsin places several limits when it comes to seeking compensation from governmental entities: 

• If the at-fault party is a state officer, employee, or agent, the maximum recovery is $250,000
• If the claim is against a political subdivision (such as a city, county, or local agency) or its employees, the maximum recovery is $50,000 per claim
• Punitive damages cannot be recovered in claims against government entities

Medical Payments & Health Coverage

At-fault driver’s insurance: In Wisconsin, if another driver is responsible for an accident, their liability insurance should cover your medical expenses.

PIP coverage: Wisconsin offers optional MedPay coverage, which pays for medical and funeral expenses for you and your passengers, regardless of fault. Insurance companies must offer this coverage, but you can reject it. If accepted, the minimum coverage limit is $1,000.

Your health insurance: If you lack MedPay coverage or it doesn't fully cover your expenses, your health insurance can pay for accident-related medical bills. Additionally, your health insurer may seek reimbursement if you later receive a settlement from the at-fault party.

UM coverage: Wisconsin law mandates that auto insurance policies include Uninsured Motorist (UM) coverage, which protects you if you're involved in an accident with an uninsured driver.

UIM coverage: Underinsured Motorist (UIM) coverage is optional and offers protection when the at-fault driver's insurance is insufficient to cover your damages.

Out-of-pocket payments: Without adequate insurance coverage, you may need to pay for immediate medical expenses out-of-pocket while awaiting a settlement or court judgment. These expenses can often be reimbursed later through the settlement process.

Medical liens: Healthcare providers or insurers may place a lien on any settlement you receive, ensuring they are reimbursed for the medical services. This means they will be paid directly from your compensation before you receive the remaining balance.

Subrogation: If your health insurer or MedPay provider covers your accident-related medical expenses, they may have the right to seek reimbursement from the at-fault driver's insurance once a settlement is reached. In Wisconsin, the "made whole" doctrine generally requires that you be fully compensated for your losses before an insurer can pursue subrogation.

Unique Local Considerations

• Heavy snowfall and ice: Wisconsin’s winters bring heavy snow, creating slippery roads and black ice. Reduced traction increases the risk of skidding, rollovers, and multi-vehicle crashes. Freezing temperatures can also cause stalled vehicles and mechanical failures
• Severe storms and flooding: Heavy rain and storms are becoming more frequent in Wisconsin, contributing to flash floods and hazardous driving conditions. Intense downpours can overwhelm drainage systems, causing roads to flood and making hydroplaning a serious risk
• Tornadoes and strong winds: Wisconsin is susceptible to tornadoes during late spring and summer. High winds can reduce vehicle control while flying debris increases the risk of accidents. Drivers should exercise caution during severe weather alerts and avoid traveling through areas with tornado warnings
• Extreme temperature swings: Wisconsin experiences significant temperature fluctuations throughout the year, with summer heatwaves and winter deep freezes. Extreme cold can lead to frozen road surfaces and engine failures, while high summer temperatures can cause tire blowouts and pavement damage, creating hazards
• Wildlife collisions: The peak months for deer-related crashes in Wisconsin are October through December, when mating season increases activity near roadways. Rural and forested areas and highways near farmland are prone to wildlife collisions, which can cause significant vehicle damage and injuries

Visit the 511WI website or download the application for up-to-date information about weather, roadway conditions, and travel advisories.

Local Resources & Contacts

Wisconsin Department of Transportation (WisDOT): https://wisconsindot.gov/

Wisconsin Department of Motor Vehicles: https://wisconsindot.gov/Pages/online-srvcs/external/dmv

Wisconsin Office of the Commissioner of Insurance (OCI): https://oci.wi.gov/ 

Wisconsin State Patrol (WSP): https://wsp.wi.gov/