What to do after a car accident in Wisconsin
Every rule below is quoted from Wisconsin law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Wisconsin is an at-fault state. Drivers must carry liability insurance that pays for injuries and damage they cause. A driver must immediately notify police, the sheriff, or the State Patrol of a crash that injured or killed someone, caused $1,000 or more in damage to one person's property, or caused $200 or more in damage to government property. You have three years from the crash to sue for your injuries.
Deadlines in Wisconsin
- 3 years
- to sue for injuriesWis. Stat. § 893.54(1m)(a)
- 3 years
- to sue for car or property damageWis. Stat. § 893.52(2)
- 2 years
- for a family to sue after a deathWis. Stat. § 893.54(2m)
- 120 days
- to notify the government if a public vehicle or road was involvedWis. Stat. § 893.80(1d)(a)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver in a crash must stop as close to the scene as possible, stay there, give their name, address, and vehicle registration number, show their license if asked, and help anyone hurt, including arranging to get them to a doctor or hospital.
“stop the vehicle he or she is operating as close to the scene of the accident as possible and remain at the scene... reasonable assistance to any person injured in the accident, including transporting, or making arrangements to transport the person to a physician, surgeon, or hospital”
When you must call the police
A driver must immediately notify police, the sheriff, or the State Patrol of a crash that injured or killed someone, caused $1,000 or more in damage to one person's property, or caused $200 or more in damage to government property.
“immediately by the quickest means of communication give notice of such accident”
In the days after
Whether you must file a report yourself
A driver must send a written crash report to the Wisconsin Department of Transportation within 10 days of a reportable crash, unless a law enforcement officer already filed one.
“within 10 days after an accident”
Getting a copy of the crash report
Wisconsin crash reports are purchased online through the state's crashreports.wi.gov portal. Reports usually take about 10 business days or more to become available after the crash, and are available for four years from the crash date.
“Crash Reports are made available once they are completed and received from the reporting law enforcement agency. Depending upon a number of factors including the complexity of the crash, and the associated investigation, this process can take 10 business days or more. Crash Reports are available for FOUR (4) years from the date of the crash.”
Who pays for the damage
Wisconsin is an at-fault state. Drivers must carry liability insurance that pays for injuries and damage they cause.
“Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident”
Insurance rules in Wisconsin
What insurance every driver must carry
The minimum liability limits are $25,000 for one injured person, $50,000 for two or more people injured or killed in one crash, and $10,000 for property damage.
“Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident... fifty thousand dollars because of bodily injury to or death of 2 or more persons in any one accident... Ten thousand dollars because of injury to or destruction of property of others in any one accident”
Personal injury protection (PIP)
Wisconsin does not require drivers to carry personal injury protection. Instead, insurers must automatically include medical payments coverage of at least $1,000 per person, and the driver can reject it in writing.
“Medical payments coverage, in the amount of at least $1,000 per person”
If the other driver has no insurance
Insurers must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident on Wisconsin auto policies.
“uninsured motorist coverage, in limits of at least $25,000 per person and $50,000 per accident”
Medical payments coverage
Insurers must include medical payments coverage of at least $1,000 per person on Wisconsin auto policies, but the driver can reject it in writing.
“Medical payments coverage, in the amount of at least $1,000 per person”
If an insurance company treats you unfairly
You can file a complaint against an insurance company with Wisconsin's Office of the Commissioner of Insurance online, or call their complaints line for help.
“File a Complaint. We handle complaints and answer quick insurance questions.”
The deadline rules, word for word
Deadline to sue for injuries
You have three years from the crash to sue for your injuries.
“An action to recover damages for injuries to the person...shall be commenced within 3 years or be barred”
Deadline to sue for car damage
You have three years to sue over damage to your vehicle or other property from a crash. This is shorter than the six year deadline for other kinds of property damage claims.
“An action, not arising on contract, to recover damages for an injury to real or personal property that are caused or sustained by, or that arise from, an accident involving a motor vehicle shall be commenced within 3 years after the cause of action accrues or be barred”
Deadline for a wrongful death claim
A wrongful death lawsuit from a car crash must be filed within two years of the death. This is shorter than the three year deadline for wrongful death claims that do not involve a motor vehicle.
“An action brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle shall be commenced within 2 years after the cause of action accrues or be barred”
If a government vehicle or road was involved
If a government vehicle or a government owned road was involved, you must give the government body written notice of your claim within 120 days of the crash.
“Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, political corporation, governmental subdivision or agency”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.