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Is Wisconsin a no-fault insurance state?

No, the state of Wisconsin operates under a tort system, meaning that in the event of a car crash, someone must be determined to have been the cause of the accident. Fault must be established.

The tort auto insurance system is the most traditional and the most widely used auto insurance system in the United States, with 38 states currently employing the system. The Wisconsin fault laws require the person found to be at fault to cover expenses beyond just lost wages and property damages; they are responsible for reimbursing additional pain and suffering costs.

The tort system allows two options for insurance: full tort and limited tort. Full tort grants the injured party unlimited rights to pursue a lawsuit against the at-fault party. The option of full tort entails paying higher premiums in exchange for receiving more coverage. While the premium on the limited tort option is somewhat cheaper, limited tort insurance coverage will make it more challenging to win a claim, and in a sense amounts to signing away your rights in the event of an injury or accident.

After establishing fault in Wisconsin, the person found responsible for the crash will be required to cover all damages, which are typically handled through that person’s insurance company. Because fault must be established in the event of a Wisconsin car accident, many insurance companies advise all drivers to think about higher-than-required insurance coverages.

If you’ve experienced a Wisconsin car accident and have questions about your insurance coverage, contact the Madison offices of Hupy and Abraham at 608-277-7777 or toll-free at 800-800-5678 for a free, no-obligaton consultation. We would be pleased to send you a FREE copy of our book, The Ultimate Guide For Automobile Accident Victims.