Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2019
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Wisconsin's motto is "Forward," and that's the direction you head in until a car accident brings you to a halt. A Wisconsin car accident may result in reporting obligations, negotiations with insurance companies, and even a lawsuit. The following article provides an overview of issues relating to the Wisconsin car accident settlement process and timeline to help you get moving again.
In certain circumstances there is a responsibility to report an accident to Wisconsin authorities. Under Wisconsin Statutes, Section 346.70 immediate notice to the police, sheriff, traffic authority, or state traffic patrol must be given when an accident involves:
Unless a law enforcement agency has made a report an accident that meets these qualifications must also be reported in writing within ten days of the accident.
Wisconsin requires that drivers maintain proof of financial responsibility, which is generally demonstrated by showing proof of car insurance carrying a minimum amount of liability coverage. Wisconsin Statutes, Section 344.01 requires policies covering, at minimum:
Settlement happens when the parties agree upon a resolution outside of court. In the context of a Wisconsin car accident the process begins when you file a claim with the insurance company. After some investigation of the incident the company may extend a settlement offer. If the offer does not adequately compensate you for your damages you may send a counteroffer along with evidence and statements supporting your figure.
This may result in several rounds of offers and counteroffers. If you are able to come to a mutually agreeable figure you will waive your right to subsequent claims arising from the accident and receive your compensation. If no agreement can be reached you may need to file a case in civil court and pursue your claim through the court system.
It would be great to be able to provide an accurate estimate of the amount of the settlement you will claim from your accident, but without details about your injuries, medical treatment, property damage, lost work, and pain and suffering it is almost impossible to guess. Other factors, such as the question of who was at fault and the amount of insurance coverage held by the responsible party can also significantly impact your ability to receive compensation as well as the amount ultimately settled upon. An attorney may be able to give you an individualized analysis of your likelihood of recovery and possible settlement amounts.
States require that potential litigants bring their lawsuits before the court within a particular time frame following the incident that created their cause of action. The laws creating these deadlines are referred to as "statutes of limitations." In Wisconsin lawsuits involving the damage or destruction of personal property must be commenced within six years of the accident, pursuant to Wisconsin Statutes, Section 893.52. An action to recover for personal injuries or wrongful death must be commenced within three years, pursuant to Wisconsin Statutes, Section 893.54.
After a car accident, you'd probably prefer to spend your time restoring your health and property rather than dealing with state agencies, insurers, and courts. To get some help and peace of mind, it's best to speak to a local car accident attorney who can guide you through the process and help ensure that you're fairly compensated for your damages.
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