Skip to navigation
Insurance agent review the damage of the car after accident

Common Misconceptions About Car Accident Claims in Wisconsin

Paul Benson Law Firm April 4, 2023

Under Wisconsin personal injury laws, accident victims may be entitled to pursue fair compensation for their injuries and damages by filing a civil lawsuit or insurance claim.  

However, there are a lot of collective popular notions out there about the car accident claims process in Wisconsin. To avoid possible issues, you should speak with an experienced personal injury attorney for detailed guidance when seeking compensation for your car accident injuries and other damages. My firm proudly serves clients across Janesville, Beloit, and Rock County, Wisconsin. 

Misconceptions About Car Accident Claims

The claims process can be confusing and frustrating. And unless you’re an insurance professional or an attorney, you likely don’t deal with claims on a daily basis. Plus, like every state, Wisconsin has its own set of laws pertaining to personal injury and car accidents. Any false assumptions or misguided decisions can pose various challenges for motor accident victims who intend to seek damages. If you’ve recently been involved in an accident, you deserve all the facts. The following discusses and debunks some common misconceptions about car accident claims in Wisconsin: 

Misconception #1: My Own Insurance Will Be Responsible for Covering Medical Costs & Damages to My Car. 

This is a common misconception. Wisconsin is an "at-fault" state for auto accidents. Under the state's fault system, the party who caused the traffic accident (the at-fault party) will hold financial liability for bodily injuries, property damages, and other accident-related expenses suffered by the accident victims.  

To seek medical expenses and other damages, you can proceed by: 

  • Filing a first-party claim with your own insurer. 

  • Filing a third-party claim against the insurance company of the at-fault party. 

  • Filing a personal injury lawsuit against the at-fault party in civil court. 

Misconception #2: If I Don’t Feel Hurt, I Don’t Need to Seek Medical Attention. 

Getting immediate medical treatment after an accident is important for both personal and legal reasons. Even if you feel fine or only sustained minor injuries, you should still seek medical treatments from an experienced doctor for the following reasons: 

  • For your overall health, safety, and general well-being. 

  • To determine the extent of your physical injuries. 

  • To detect any hidden injuries and symptoms that are yet to fully manifest. 

  • For proper documentation of your injuries, medical treatments, and medical reports. 

  • To comply with insurance requirements in your area. 

  • To avoid potential issues with the insurance carrier when filing your claims. 

Misconception #3: If It’s a Minor Accident, It’s Not Necessary to File a Police Report. 

This is not true. According to the Wisconsin Department of Transportation, any traffic crash within the state must be reported if the accident causes an injury, death of a person, and property or vehicle damage of $1,000 or more.  

Also, accidents that result in $200 or more in damage to state or other government-owned property must be reported. Even if it is a minor accident, you still need to report it to obtain a police report and comply with insurance requirements. 

Misconception #4: I Can’t File a Personal Injury Claim Because I Was Partially At Fault for the Accident. 

This is not essentially true. Wisconsin operates using the modified comparative fault system, with a 51% bar. According to the principle, a car accident victim may be eligible to seek damages if the other party was mostly (51% or more) responsible for the crash. However, the amount of compensation that may be recovered will be reduced by the plaintiff’s percentage of fault. 

Under Wisconsin's modified comparative fault rule, the accident victim will be completely barred from pursuing damages if they were found to be mostly (51% or more) at fault for the car crash or the victim’s injuries. 

Misconception #5: I Don’t Need an Attorney to File a Personal Injury Claim. 

Filing your accident claims by yourself or navigating the injury claims process without seeking detailed guidance is never a good idea. After the traffic crash, it is important that you hire a seasoned attorney to help you with your injury claims. 

Furthermore, your legal representative can evaluate all of the surrounding your case, gather required evidence and documentation, and enlighten you about your possible options to seek damages. In addition, your Wisconsin car accident lawyer can help file your claims, establish liability, handle all discussions and negotiations with the insurance companies involved, or file a lawsuit if necessary. 

File Your Claim With Confidence

Getting hurt in a car accident can be an overwhelming experience and might affect you physically, mentally, and financially. While you may be within your rights to seek damages, being able to differentiate facts from fiction can help you file your claims with confidence and ensure that you do not hurt your case inadvertently. 

At Paul Benson Law Firm, I have the diligence and expertise to support and represent car accident victims in their injury claims. As your attorney, I can review every aspect of your case and guide you through the complex procedures involved in filing accident claims. In addition, I will fight zealously to advocate for your best interests and help you pursue the financial justice you deserve. 

Contact me at Paul Benson Law Firm today to schedule a simple case assessment with an experienced car accident attorney. I can offer you the skilled representation and detailed legal counsel you need in your claims. My firm proudly serves clients across Janesville, Beloit, and Rock County, Wisconsin.