How to Handle Accident Claims in Wisconsin
When you're involved in an accident in Wisconsin, navigating the claims process can be daunting. Understanding the essential steps can help you secure the compensation you deserve. Here’s how to handle accident claims in Wisconsin effectively.
1. Ensure Safety and Gather Information
After an accident, your first priority should be safety. If you're able, check for injuries and call emergency services if necessary. Once everyone is safe, gather critical information including:
- The names and contact details of all parties involved.
- The insurance information for all drivers.
- Witness names and contact information.
- Photos of the accident scene and vehicle damages.
2. Report the Accident
In Wisconsin, you must report an accident involving injury, death, or significant property damage (over $1,000) to law enforcement. This report can serve as valuable evidence for your claim and should be requested for your records.
3. Notify Your Insurance Company
Once you've gathered all necessary information, notify your insurance company about the accident as soon as possible. Most insurance policies require timely reporting of accidents. Provide them with all the relevant details but avoid admitting fault, as this can complicate your claim.
4. Medical Treatment
If you sustained injuries, seeking medical treatment should be your next step. Document all medical visits, treatments, and expenses. These records will be crucial for your claim as they provide evidence of your injuries and related costs.
5. Understand Wisconsin’s Comparative Negligence Law
Wisconsin operates under a comparative negligence rule, meaning that if both drivers share some degree of fault, your compensation may be reduced by your percentage of fault. For instance, if you are deemed to be 20% at fault in an accident, you may only receive 80% of the total damages awarded.
6. Keep Track of Expenses
As you navigate through the claims process, keep detailed records of all expenses incurred due to the accident. This includes medical bills, vehicle repairs, and any lost wages. Having meticulous records will strengthen your claim and ensure you are fully compensated.
7. Consider Hiring a Lawyer
If your accident resulted in significant injuries or complicated liability issues, consulting a personal injury lawyer may be beneficial. An experienced attorney can help you understand your rights, negotiate with insurance companies, and ensure that you receive a fair settlement.
8. Negotiating a Settlement
After assessing the damages and injuries, your insurance company may offer a settlement. Review this offer carefully; it’s often advisable not to accept the first offer immediately. Consider discussing it with your attorney to ensure that it covers all your needs and expenses.
9. File a Lawsuit if Necessary
If negotiations fail or the settlement offered does not reflect your damages adequately, you have the right to file a lawsuit against the at-fault party. Wisconsin has a statute of limitations that typically allows three years from the date of the accident to file a personal injury claim.
10. Staying Informed
Stay informed throughout the claims process. Communicate regularly with your insurance company and your attorney (if you hired one). Knowledge of your rights and the process can help you feel empowered and prepared to tackle any challenges that arise.
Handling accident claims in Wisconsin doesn't have to be overwhelming. By following these steps, you can navigate the process with confidence and work towards receiving the compensation you deserve.