Is Wisconsin a No-Fault Insurance State?

Have you ever wondered, “Is Wisconsin a no-fault state?”

The answer is a resounding no. Like most states, Wisconsin follows a traditional tort (or “at-fault”) insurance system. An injured person’s own auto insurance is not their initial source of compensation after a car accident, as it is in neighboring Michigan.

Instead, the injured person can pursue an insurance claim or lawsuit against the driver who caused the accident.

At LawtonCates, we have over 60 years of experience representing car accident victims and dealing with insurance companies on their behalf.

As one client review says:

“Attorney Dixon did an amazing job and I would recommend him to anyone that has to go through the process of standing up to large insurance companies. He was great at communicating the office staff were very warm and helpful. The end result was more than I expected.”

While past results do not guarantee future outcomes, they do illustrate our devotion to our clients when seeking justice and compensation through personal injury claims.

Understanding Wisconsin’s At-Fault (Tort) Insurance System

Wisconsin is among the majority of states that follow the traditional tort, or “at-fault,” insurance system. Drivers in Wisconsin are responsible for the accidents they cause.

This responsibility is typically assumed by their liability insurance policy, which the state requires all motorists to carry. This liability insurance can cover:

The cost of your past, present, and future medical bills
Any income you’ve lost while you were healing from your car accident injuries
Your reduced earning potential if your injuries affect your ability to work or advance your career
Any property that was damaged, including the cost to repair or replace your vehicle
The pain and suffering you endured because of your injuries
Emotional distress, or the psychological effects of a traumatic experience
Reduced quality of life, if long-term impairment affects your ability to live independently or take part in your favorite activities

The at-fault driver’s liability insurance provider is responsible for paying for these losses, up to the limits of the policy.

The driver may be responsible for anything above this amount, although insurance limits are typically the practical ceiling for a victim’s compensation.

How Is Fault Determined After a Crash?

Establishing who’s at fault for an accident is of critical importance after an accident, since it determines who’s financially responsible for its consequences.

An accident victim can hire a Wisconsin car accident lawyer to investigate the crash and collect evidence like:

The police report of the accident
Photos of the crash scene
Video footage taken from traffic, security, or dashboard cameras
Testimony from witnesses who saw the accident
Post-accident vehicle inspections
Electronic data, like cellphone records and information from onboard computers
Models created by accident reconstruction experts

The lawyer will then use this evidence to determine who caused the accident, then send a demand letter to that person and their insurance provider.

The demand letter will outline why they think the person is to blame and explain the reasoning for the amount of compensation their client is asking for.

At the same time, that person’s insurer will conduct its own investigation of the accident. Should the company determine that its policyholder is at fault, it will make the accident victim a settlement offer.

If, in turn, the accident victim agrees that the figure being offered is fair, they may sign this contract, which releases the insurer and its policyholder from further liability for the accident.

In other words, once the accident victim agrees to the settlement, they cannot go back to the insurer for more money later.

However, the insurer might disagree about who’s at fault or the amount of compensation the lawyer has asked for.

In the event that negotiations can’t resolve this disagreement, the lawyer may need to file a lawsuit against the policyholder or their insurance company, which asks Wisconsin’s civil court system to resolve the matter.

A judge and/or jury will then act as factfinder at trial, weighing the evidence that each side presents to it and coming to a decision about whether the defendant is at fault and, if so, how much compensation they owe the accident victim.

It’s worth noting that the insurance company has a contractual obligation to defend its policyholder.

So, if its policyholder is the defendant in the lawsuit, the defense will actually be handled by the insurance company’s legal team.

What is the 51 Percent Rule?

Technically, there are two 51 percent rules in Wisconsin. The first is the state’s modified comparative negligence law.

This rule comes into play when a court decides that a crash victim is partially at fault for the accident that injured them.

If the court finds the victim is 51 percent or more at fault, the victim cannot recover any compensation at all. However, if the court finds they are 50 percent or less at fault, whatever compensation the victim recovers is reduced in proportion to their share of fault.

For example, if a court awards an accident victim $100,000 but finds they are 20 percent at fault, the victim recovers $80,000 instead of the full amount.

The second 51 percent rule applies when there are multiple at-fault defendants in a car accident case.

Generally, each defendant is only responsible for their share of fault – that is, unless the court decides that one of them is 51 percent or more to blame for the car crash. In that case, the victim can hold that defendant responsible for the entire amount of compensation, rather than having to collect from each defendant individually.

Minimum Auto Insurance Requirements in Wisconsin

Every driver in Wisconsin must carry at-fault state auto insurance that covers at least:

$25,000 for the injury or death of one person
$50,000 for the injury or death of more than one person
$10,000 for property damage

Remember, these are only minimums. A driver can purchase higher limits to protect themselves from personal liability in the event they cause an expensive motor vehicle accident.

Why Choose LawtonCates for Your Injury Claim?

Choose the personal injury lawyers of LawtonCates to help with your injury claim because:

Our personal injury law firm has more than 65 years of experience winning even the toughest car accident cases.
You will get direct access to your lawyer, rather than being passed off to junior associates or paralegals.
We will commit ourselves 100% to maximizing your case value.
You will never pay a fee unless and until our car accident attorneys win money for you.

Our commitment to excellence has helped us recover millions of dollars on behalf of our clients, including $942,333.33 for three people who were injured in a head-on collision caused by an uninsured driver.

As another client said of their experience here:

“I had issues with my car that required legal assistance. Attorney Polich at LawtonCates helped address these concerns, guided me through the legal process, and worked toward a fair settlement. He was professional, efficient, and easy to communicate with. He took the time to clearly explain the process, answered all my questions, and made sure I felt informed and supported every step of the way.I highly recommend Attorney Polich and the LawtonCates team to anyone seeking reliable and trustworthy legal representation.” – Marivien B.

Disclaimer: Past results do not guarantee future outcomes.

Contact Our Wisconsin Personal Injury Lawyers for a Free Case Review

Now that you know about fault and modified comparative negligence in Wisconsin, you know why it’s so important to have experienced legal representation after an accident.

Contact LawtonCates today for a free consultation with a car accident lawyer in Wisconsin.