By Serdar Arslan, editor · Last reviewed · How we research
Wisconsin compares fault one defendant at a time. You can recover from a defendant only if your negligence is not greater than that defendant's, so a driver 40% at fault might recover from one party found 60% responsible but not from another found 20% responsible. Your award is reduced by your share either way.
Government claims start with a 120-day notice. For a city, county, school district or other local government, written notice of the circumstances is generally due within 120 days of the crash, followed by an itemized claim; for the State or a state employee, notice goes to the Attorney General by certified mail within the same period. Damages against government bodies are capped. Injury and vehicle damage claims generally have 3 years, while wrongful death from a motor vehicle crash has 2. If police do not file a report, the driver must send form DT4002 to WisDOT within 10 days. Uninsured motorist coverage is required. Wisconsin had 595 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years after the claim accrues, which in a crash case is usually the date of the accident Source: Wis. Stat. § 893.54(1m)(a) |
|---|---|
| Property damage deadline | Generally 3 years for vehicle or other property damage caused by a motor vehicle accident (other property damage claims generally have 6 years) Source: Wis. Stat. § 893.52(2) |
| Wrongful death deadline | Generally 2 years after the claim accrues for a death caused by a motor vehicle accident. Other wrongful death claims generally have 3 years Source: Wis. Stat. § 893.54(2m) |
| Claims against a government entity | For claims against a city, county, school district or other local government, you generally must serve a written notice of the circumstances within 120 days of the crash and then file an itemized claim. For claims against the State or a state employee, notice generally must be served on the Attorney General by certified mail within 120 days. Damages against government bodies are also capped. Source: Wis. Stat. §§ 893.80(1d), 893.82 |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, and you can recover only if your negligence is not greater than that of the person you are suing. Each defendant's fault is compared to yours separately. Source: Wis. Stat. § 895.045(1) |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $10,000 property damage Source: Wis. Stat. § 344.33 / § 632.32 |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on compensatory damages in car accident cases between private parties. Claims against government bodies are capped by statute (Wis. Stat. §§ 893.80, 893.82), so check the current limits or ask a licensed attorney if a government vehicle or road is involved. |
| Reporting a crash | If a crash causes injury or death, $1,000 or more in damage to one person's property or a government vehicle, or $200 or more in damage to other government property, you must notify police immediately. If police do not file a report, the driver must send a written report to WisDOT within 10 days (Wisconsin Driver Report of Crash, form DT4002). Source: Wis. Stat. § 346.70 |
Getting your crash report in Wisconsin
Search for and buy police crash reports online from WisDOT's crash report site and download the PDF right away. Reports are available for 4 years after the crash. Official request page
Checking a Wisconsin lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Wisconsin – Lawyer Search
- Lawyer referral: State Bar of Wisconsin Lawyer Referral and Information Service · 800-362-9082
595 people died in motor vehicle crashes in Wisconsin in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›How does Wisconsin compare my fault to several defendants?
Each defendant's fault is compared to yours separately. You can recover from a defendant only if your negligence is not greater than that defendant's, and your damages are reduced by your percentage of fault (Wis. Stat. § 895.045(1)).
›What is the 120-day notice rule in Wisconsin?
For claims against a city, county, school district or other local government, you generally must serve written notice of the circumstances within 120 days of the crash and then file an itemized claim (Wis. Stat. § 893.80(1d)). For the State or a state employee, notice goes to the Attorney General by certified mail within 120 days (§ 893.82).
›Why is the wrongful death deadline shorter after a car crash?
Wisconsin sets 2 years for a death caused by a motor vehicle accident, while other wrongful death claims generally have 3 years (Wis. Stat. § 893.54(2m)). Injury claims from a crash generally have 3 years (§ 893.54(1m)(a)).
›When do I need to file form DT4002?
If police do not file a report, the driver must send the Wisconsin Driver Report of Crash (form DT4002) to WisDOT within 10 days (Wis. Stat. § 346.70). This applies to crashes with injury or death, $1,000 or more in damage to one person's property or a government vehicle, or $200 or more in damage to other government property.
›Where can I buy a Wisconsin police crash report?
Search for and buy it online from WisDOT's crash report site, then download the PDF right away. Reports are available for 4 years after the crash.
Sources
- Wis. Stat. §§ 893.52–893.54 (Wisconsin Legislature)
- Wis. Stat. § 346.70 (Wisconsin Legislature)
- Wis. Stat. § 895.045 (Justia, 2010 version)
- WisDOT – Auto insurance requirements
- WisDOT – Crash reporting
- Wisconsin crash reports (WisDOT)
- Wisconsin DOJ – Notice of injury claim form (state claims)
- City of Milwaukee – Filing a claim (Wis. Stat. § 893.80)
- Wisconsin Law Help – All about car insurance
- State Bar of Wisconsin – Lawyer Referral and Information Service
- NHTSA FARS – State crashes and all victims