What should I do after a car accident in Wisconsin?

Wisconsin is an at-fault state under the Wisconsin Statutes Chapter 895 (Damages) and Chapter 346 (Rules of the Road).

1. Immediate Steps at the Scene

Stop and exchange information (Wis. Stat. § 346.67). Felony hit-and-run if injury or death.

Render reasonable aid.

Call 911 for injuries.

2. Mandatory Reporting

Police: Required for injury, death, or apparent damage exceeding $1,000 (or $200 to government-owned non-vehicle property, or any damage to a state/government vehicle) (Wis. Stat. § 346.70).

Form MV4000: Within 10 days if law enforcement did not file a report.

Notify insurer.

3. Minimum Liability Insurance

25/50/10 under Wis. Stat. § 344.01 and § 632.32. Uninsured Motorist coverage of 25/50 is mandatory.

4. Modified Comparative Negligence — 51% Bar

Under Wis. Stat. § 895.045(1), contributory negligence does not bar recovery "if such negligence was not greater than the negligence of the person against whom recovery is sought." If the plaintiff's fault is greater than the defendant's (or aggregated fault of all defendants), recovery is barred.

In multi-defendant cases, plaintiff's fault is compared to each defendant individually unless they "acted in concert" (§ 895.045(2)).

5. Statute of Limitations

Personal injury: 3 years (Wis. Stat. § 893.54).

Property damage: 6 years (Wis. Stat. § 893.52) — relatively long.

Wrongful death: 3 years (Wis. Stat. § 893.54(2)).

Claims against state/local government: Notice of Claim within 120 days under Wis. Stat. § 893.80 (local) or § 893.82 (state).

6. Direct Action Against Insurer

Wisconsin uniquely permits direct action against an automobile liability insurer under Wis. Stat. § 632.24 — plaintiff can sue the insurer directly without first joining the insured driver.

This is legal information, not legal advice.