If you’re ever in a car crash, knowing how insurance laws work in your state can make a big difference in how you handle things. Some states use no-fault systems, but Wisconsin does not. Here’s what you need to know about how fault is decided and what that means for you.
Wisconsin is a fault-based state
Unlike no-fault states, where your own insurance pays for your medical bills no matter who caused the accident, Wisconsin uses a fault-based system. This means the driver who caused the crash must pay for the damages. That includes car repairs, medical costs, lost wages and other related expenses.
You can file a claim or sue
If another driver is at fault, you can file a claim with their insurance company or choose to sue them in court. Either way, you’ll need to show that the other driver’s actions caused the accident. Photos, witness statements and police reports can help back up your case.
What happens if you’re partially at fault
Wisconsin uses a rule called comparative negligence. If you’re partly to blame, your payment will be cut by your percentage of fault. For example, if you’re 20% at fault and your total damages are $10,000, you’ll get $8,000. If you’re found to be more than 50% at fault, you won’t be able to collect any money from the other driver.
Required insurance coverage in Wisconsin
Because Wisconsin is a fault state, it’s important to have enough insurance to protect yourself. At a minimum, you must have:
- $25,000 for injury or death of one person
- $50,000 for injury or death of two or more people
- $10,000 for property damage
These are the legal minimums, but many drivers pick higher limits to avoid paying out of pocket after a serious crash
What to keep in mind
If you’re in a collision, check for injuries, call 911 and swap insurance information. Report the accident to your insurer right away, and think about talking to a lawyer if the case is complex or involves bad injuries.
Wisconsin does not have a no-fault system. Knowing how the fault-based system works gives you the power to protect your money, respond with confidence after a crash and choose the right coverage for your needs.
