What Happens If the Person at Fault in an Accident Has No Insurance in Wisconsin?

Under Wisconsin's fault-based (tort) auto insurance system, the driver at fault pays for compensation whether or not they have insurance. Wisconsin also follows a modified comparative fault rule, under which damages can be awarded to a driver based on the percentage to which they were not responsible for the accident. The state's Safety Responsibility Law outlines punishments for uninsured at-fault drivers, including suspension of their license and vehicle registration and payment of crash damages. Driving without insurance is classified under Wisconsin traffic violations and infractions, and may result in significant penalties such as fines, license and registration suspension, and increased civil liability if involved in an accident while uninsured.

Is It Illegal To Drive Without Insurance In Wisconsin?

Yes. Wisconsin Statutes § 344.62 requires all drivers to have motor vehicle liability insurance, so it is illegal to drive without a license. The minimum liability insurance coverage is $25,000 per person for injuries, $50,000 per accident, and $10,000 per property damage. The Wisconsin DMV Auto Insurance Requirements also allow a $60,000 bond to be posted with the Wisconsin Department of Transportation (WisDOT) to prove financial responsibility.

Civil and administrative consequences of driving without insurance include a fine of up to $500 and the suspension of the driver's license and registration for up to three years by WisDOT. To restore their driving privileges, the at-fault driver needs to file an SR-22 certificate and pay reinstatement fees for their license and registration. Insurance violations can also result in vehicle impoundment and jail time for severe offenses.

What Is the Minimum Insurance Requirement in Wisconsin?

According to Wis. Stat. § 344.62, the minimum liability coverage in Wisconsin is $25,000 for bodily injury per person, $50,000 for Bodily Injury (per accident), and $10,000 for Property Damage. Other insurance coverage to protect drivers and third parties during accidents includes the following:

• Uninsured Motorist (UM): Auto insurance is mandatory to cover only bodily injury caused by uninsured drivers. It covers $25,000 per person and $50,000 per accident.
• Medical Payments (MedPay): Covers about $1,000 for medical expenses per person regardless of the driver at fault. It is not mandatory, but insurance companies are mandated to offer this coverage, and the driver has to reject it in writing (Wisconsin Legislature: MedPay Coverage)
• Underinsured Motorist (UIM): Covers a minimum of $50,000 per person and $100,000 per accident if the at-fault driver's insurance limits cannot fully cover the victim's damages. It is not mandatory (Wisconsin Legislature: UIM Coverage).

What To Do After A Car Accident With an Uninsured Driver in Wisconsin

A person hit by an uninsured driver in Wisconsin can take the following steps to protect their legal and financial interests:

• Call the police: Immediately after the accident, make a report if there is injury, a death, or property damage above $1000. This report is needed for insurance and legal claims
• Document the scene: Collect evidence of key information such as the at-fault driver's information, pictures of vehicle damage, road conditions, signage, and witness statements.
• Report to the Wisconsin DMV: Fill out and submit a Driver Report of Crash (Form DT4002) within ten days of the accident if no police report is filed. Per WisDOT SR Law, if an uninsured driver is at fault, the victim can fill out Safety Responsibility Law Forms, which may result in the uninsured driver's license and registration being suspended.

Insurance can pay damages by filing a claim with their insurer if they have UM coverage, Medpay, and UIM coverage. Victims can also sue the uninsured driver for personal injury within three years of the accident, according to Wis. Stat. § 893.54, but the damages recovered will depend on the financial assets of the at-fault driver.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

There are some legal restrictions when trying to get compensation, but an uninsured driver can recover damages if they are not at fault. The avenues for recovering damages from the driver at fault while being uninsured include the following:

• By filing a third-party claim to benefit from the at-fault driver's insurance
• By filing a personal injury lawsuit if the at-fault driver lacks insurance

Uninsured drivers are restricted from benefiting from UM/UIM coverage. According to Wis. Stat. § 344.62, even though they were not at fault, they may still face up to $500 in fines for driving without insurance, and their license may be suspended by WisDOT.

Can I Sue an Uninsured Driver in Wisconsin?

Yes. Wisconsin runs a fault-based liability system, which allows accident victims to pursue damages from an uninsured driver through a civil claim. Wis. Stat. § 893.54 allows for the filing of Personal injury claims within three years of the accident; Wis. Stat. § 893.52 allows for Property damage claims within six years; tort law backs any negligence-based claim resulting in losses or injury.

In civil lawsuits, minor injuries, damage, or unpaid bills have a maximum claim limit of $10,000 and are filed at a small claims court. Accidents resulting in serious injuries, loss of wages, pain, and suffering with claims above $10,000 are handled by the superior court

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Wisconsin?

It depends. If the at-fault driver is uninsured, under Wis. Stat. § 632.32, a person is still covered by insurance if they have the following types of auto insurance:

• Uninsured Motorist (UM) Coverage
• Underinsured Motorist (UIM)
• Medical Payments (MedPay)

Collision coverage covers damage to the vehicle after an accident, and Uninsured Motorist Property Damage (UMPD) covers property damage caused by an uninsured driver. UMPD is not mandatory in Wisconsin, and it has a $250 - $300 deductible, which is usually limited to the cash value of the vehicle.

What Is Uninsured Motorist Coverage in Wisconsin?

Uninsured Motorist (UM) coverage is applied for bodily injury to the vehicle owner, passengers, and family, and in the case of a hit and run. It is mandatory for every Wisconsin driver under the state's insurance code. Underinsured Motorist (UIM) coverage covers damages if the at-fault driver's insurance limit is not enough to settle damages. UM/UIM auto insurances protect individuals from drivers with too little or no insurance coverage. A person's protection is as strong as their liability coverage, so it is important to choose one or stack several insurance policies to ensure a sufficient payout in the event of an accident.

What If I Don't Have Uninsured Motorist Coverage in Wisconsin?

If a person does not have Uninsured Motorist Coverage in Wisconsin, here are some other routes for getting compensation from the at-fault driver:

• File a civil lawsuit against the at-fault driver.
• Trigger the DMV to act on Wisconsin's Safety Responsibility Law by suspending the license of the at-fault driver until they have paid damages stipulated by the case judgment.
• Pursue victim compensation options such as the Wisconsin Crime Victim Compensation Program in cases of a hit-and-run or DUI.

How Do I Get Compensation from an Uninsured Driver in Wisconsin?

When trying to get compensation from an insured driver, the process for litigation is as follows:

• File a complaint at the circuit court with jurisdiction over the accident
• Serve a summons to the defendant, to which they must respond within 20 days
• Proceed to the discovery phase where proof of fault is provided, settlement options are explored, and the defendant's financial status is assessed to find out if they are judgment-proof
• A default judgment is passed against the defendant if they fail to respond to the summons
• The defendant pays the compensation, or the victim can enforce the judgment by facilitating a license suspension through the DMV

How Much Can You Recover From an Uninsured At-Fault Driver in Wisconsin?

Wisconsin's fault-based liability model gives victims the legal right to recover compensation from the driver at fault. Recovery of this compensation, however, depends on the financial ability of the driver at fault to satisfy the judgment (judgment proof). Compensation up to $10,000 can be recovered from a small claims court, while compensation above $10,000 is pursued at a superior or circuit court. Interest accrues on unpaid judgments annually from the date the judgment was passed. The current Wisconsin rates on civil judgments are outlined in the Wis. Stats. 807.01(4), 814.04(4), 815.05(8)

How To Find Out If the At-Fault Driver Has Insurance in Wisconsin

In Wisconsin, a person can check if the driver at fault has insurance coverage using the following methods:

• Reviewing the police report of the accident
• Searching the Wisconsin DMV's Insurance Reporting of Crash portal using the crash number, or VIN
• Through litigation discovery tools, if the case goes to court. Examples of the tools include interrogatories, requests for production, and depositions.

Are Accidents Public Record in Wisconsin?

It depends. If the accident-related document is classified as a public record, access to it will be open to the public. For example, police reports, which may contain records of an accident and DMV Crash Data, are open under Wisconsin's Open Records Law (Wis. Stat. §§ 19.31–19.39). Court records from accident-related lawsuits are also public unless they are juvenile, expunged, or sealed records.

Can You Go to Jail for Causing an Accident Without Insurance in Wisconsin?

It depends. Causing an accident without insurance is a non-criminal violation with civil penalties, including fines, license, and registration. A person is only likely to go to jail for criminal offenses like showing fake proof of insurance and repeated auto violations without insurance or proof of social responsibility.

Can You Settle With an Uninsured Driver Out of Court in Wisconsin?

Yes. Wisconsin law allows private settlements between a victim and an uninsured driver out of court, but the agreement can only be legally binding if documented according to standard contract requirements. Out of court, a written release of liability can be enforced if it contains the following:

• Names of the accident parties
• Contact information of the accident parties
• Details of the accident
• Agreed terms of payment
• Waiver of future claims

Under Wis. Stat. § 802.12, an out-of-court settlement is invalid if it was made forcefully, is fraudulent, or its terms go against public policy.

Can I Get Compensation If I Was Partially at Fault?

Yes. Wisconsin also practices a modified comparative negligence system, so a person can get compensation even if they partially caused the accident. This means the percentage to which they were not responsible for the accident is the percentage to which they can recover, as long as they are 50% or less at fault. Wisconsin drivers are barred from compensation under this system if they are at fault 51% or above of the accident.