Wisconsin car accident statute of limitations and its shorter exceptions
The Wisconsin car accident statute of limitations is three years. Call free to see where you stand.
Wisconsin gives three years to sue for injuries or car damage from a crash. Two exceptions are much shorter. A family suing over a crash death has only two years, under section 893.54. A claim against a town or county needs written notice within 120 days.
The deadlines in Wisconsin
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | Wis. Stat. 893.54(1m)(a) |
| Car or property damage lawsuit | Three years for a motor vehicle crash | Wis. Stat. 893.52(2) |
| Wrongful death from a vehicle crash | Two years | Wis. Stat. 893.54(2m) |
| Shared fault | Barred against any driver less at fault than you | Wis. Stat. 895.045(1) |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | Wis. Stat. 344.33(2) |
| Notice to a town, city, county or agency | 120 days | Wis. Stat. 893.80(1d)(a) |
Wisconsin compares you to each driver, one at a time
Wisconsin does not add up everyone’s blame. Your negligence is measured separately against each person you sue, under section 895.045. You can collect from a driver only if your share is not greater than theirs.
Suppose you are 30 percent at fault, one driver 50 and another 20. You can recover from the first driver but not the second. Because the first is under 51 percent at fault, that driver owes only a 50 percent share.
The 120-day notice and other Wisconsin limits
A crash with a plow truck, city bus or county squad car needs written notice of the claim within 120 days, under section 893.80. Late notice may still work if the agency knew and was not harmed, but that is a fight you want to avoid.
Children get extra time. A minor can sue within two years after turning 18 and that never shortens the usual period, under section 893.16.
Coverage every Wisconsin policy carries
Wisconsin liability limits start at $25,000 per person, $50,000 per crash and $10,000 for property, under section 344.33. Wisconsin is an at-fault state, so the driver who caused the wreck is responsible.
Every policy must also carry uninsured motorist cover of at least $25,000 per person and $50,000 per crash, under section 632.32. It must include $1,000 of medical payments cover too, unless you rejected it.
Calling a Wisconsin car accident lawyer
The one-on-one fault test means the case can turn on which drivers you name. An attorney can sort that out, send any government notice in time and file before the deadline. The call is free and the lawyer is paid only if you win.
Other states: Minnesota, Iowa, Illinois, Michigan or every state on one page.
Wisconsin car accident statute of limitations questions
What is the statute of limitations for a car accident in Wisconsin?
Three years for injuries and three for vehicle damage. A death claim from a crash has two years.
Can I recover if I was partly at fault in Wisconsin?
Yes, from any driver whose share of fault is at least as large as yours. Your award drops by your share.
How long do I have to file a claim against a Wisconsin city or county?
Written notice is due within 120 days of the crash, under section 893.80.
Before the clock runs out
Wisconsin weighs your fault against each driver separately, so the insurer for one may deny while another must pay. Call before you sign a release and a lawyer will review the offer free.
Call about my deadline(833) 716-6705
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