If you’ve recently been involved in a car accident in Wisconsin that resulted in vehicle damage, you’re likely wondering who is responsible for covering the repair costs. Unlike some states that operate under no-fault insurance laws, Wisconsin follows an “at-fault” system that directly impacts how vehicle damage claims are handled. Understanding these laws is crucial to ensuring you receive the compensation you deserve.
Wisconsin’s At-Fault System Explained
Wisconsin operates under a fault-based system for car accidents, meaning the driver who caused the accident is legally responsible for the resulting damages. This differs significantly from no-fault states where each driver’s insurance covers their own damages regardless of who caused the accident.
Under Wisconsin law, the at-fault driver’s insurance company is responsible for covering:
- Repairs to your damaged vehicle
- Replacement costs if your vehicle is totaled
- Rental car expenses while your vehicle is being repaired
- Diminished value claims in certain circumstances
However, recovering these damages isn’t always straightforward, especially when fault is disputed or when dealing with uncooperative insurance companies.
Wisconsin’s Comparative Negligence Rule
An important aspect of Wisconsin’s car accident laws is the state’s “modified comparative negligence” rule . This means that fault can be shared between drivers, and your compensation may be reduced by your percentage of fault. However, you can only recover damages if you are found to be less than 51% responsible for the accident.
For example, if you’re determined to be 30% at fault for an accident with $10,000 in vehicle damage, you would be eligible to recover 70% of those damages, or $7,000. But if you’re found to be 51% or more at fault, you cannot recover any compensation from the other driver.
This system makes it essential to gather strong evidence supporting your claim that the other driver was primarily responsible for the accident.
Wisconsin Car Insurance Requirements for Property Damage
Wisconsin law requires all drivers to carry minimum liability insurance coverage, including:
- $10,000 for property damage
- $25,000 for injury or death of one person
- $50,000 for injury or death of multiple people
While these minimums provide some protection, they may not be sufficient to cover all damages in serious accidents. For instance, if you’re driving a newer vehicle worth $30,000 that gets totaled, the at-fault driver’s minimum $10,000 property damage coverage would leave a $20,000 gap.
This is why many Wisconsin drivers choose to carry additional coverage options:
- Collision coverage: Pays for damage to your vehicle regardless of fault
- Comprehensive coverage: Covers non-collision damage (theft, vandalism, weather)
- Uninsured/underinsured motorist property damage: Protects you if the at-fault driver has insufficient or no insurance
Steps to Take After a Wisconsin Car Accident for Vehicle Damage Claims
To strengthen your vehicle damage claim after an accident in Wisconsin:
- Document the accident scene: Take photos of all vehicles involved, focusing on the damage and the overall accident scene. This visual evidence can be crucial for establishing fault.
- Exchange information: Collect the other driver’s name, contact information, insurance details, and license plate number.
- File a police report: In Wisconsin, accidents resulting in injury, death, or property damage of $1,000 or more must be reported to law enforcement.
- Notify your insurance company: Report the accident to your insurer promptly, even if you weren’t at fault.
- Get repair estimates: Obtain multiple estimates from reputable repair shops to establish the cost of damages.
- Keep all receipts: Document all expenses related to the accident, including towing fees, rental car costs, and repair bills.
When to Consult a Wisconsin Car Accident Attorney
While minor vehicle damage claims often settle without legal intervention, certain situations warrant consulting an experienced car accident attorney :
- The insurance company denies your claim or offers an unfair settlement
- There’s a dispute about who was at fault
- Your vehicle damage exceeds the at-fault driver’s insurance limits
- The accident involved a commercial vehicle or government entity
- You suffered injuries in addition to vehicle damage
At Fitzpatrick, Skemp & Butler, LLC , our experienced attorneys understand Wisconsin’s car accident laws and can help you navigate the complex claims process. We’ll work tirelessly to ensure you receive fair compensation for your vehicle damage and any other losses resulting from the accident.
Don’t let insurance companies undervalue your claim. Contact our team today for a free consultation to discuss your vehicle damage claim and explore your legal options.