Detailed Answer
Short answer: After you have the crash report in hand, use it as a roadmap: confirm the facts, preserve and collect evidence, get and document medical care, notify insurers, prepare a clear demand, and file a lawsuit before the statute of limitations runs. If liability or damages are disputed, get a lawyer early. This article explains each step in plain language and points to key Wisconsin resources and laws.
1. Understand what the crash report is and how to use it
The crash report is an official police or law enforcement summary of the collision. It records the scene, parties, vehicles, witness names, officer observations, diagram, and possibly citations. It is not the final word, but it is important evidence. If you need to obtain another copy or learn how crash reports are handled in Wisconsin, see the Wisconsin Department of Transportation crash-report page: https://wisconsindot.gov/Pages/safety/education/crashreport/default.aspx.
2. Check the report carefully and correct errors
- Compare the report to your memory, photos, and any video (phone, dashcam, traffic camera).
- If factual mistakes appear (wrong vehicle, incorrect date/time, misspelled names), contact the law enforcement agency that wrote the report to ask about corrections or a supplemental report.
- If the officer included opinions or conclusions you believe are incorrect, note those and preserve evidence (photos, witness statements) that contradict them.
3. Preserve and collect additional evidence
- Save all photos and video of the crash scene, vehicle damage, visible injuries, and road/lighting conditions.
- Get written witness statements and full contact info for any witnesses listed on the report.
- Keep the damaged vehicle and parts (don’t repair or dispose of them until you’ve taken photos or, if necessary, had them inspected), or document repairs if you must move/repair the car.
4. Get timely and thorough medical care
- Seek medical treatment immediately for any injury or symptom. Prompt treatment creates a medical record that links your injuries to the crash.
- Follow up with specialists if recommended. Keep all medical bills, test results, prescriptions, and records.
- Document lost wages, reduced hours, childcare costs, transportation costs, and other out-of-pocket expenses.
5. Notify insurers and understand deadlines
- Report the crash to your own auto insurer and the other party’s insurer if you can. Give only basic facts; avoid admitting fault or speculating.
- Write down names and claim numbers, and follow up in writing (email or letter) confirming what you told the insurer and when.
- Check whether you have uninsured/underinsured motorist (UM/UIM) coverage—this can matter if the other driver lacks coverage.
6. Evaluate the crash report’s role in liability and damages
The crash report may support who was at fault, but courts and insurers weigh it along with other evidence (photos, witness testimony, expert opinions). Use the report to:
- Identify witnesses and the investigating officer to contact for follow-up.
- Note any citations the officer issued; a citation can support negligence but is not conclusive.
- Spot missing or inconsistent information so you can fill gaps with additional evidence.
7. Prepare a demand package (if the case is appropriate for negotiation)
When injuries and losses are reasonably documented, prepare a demand package for the insurer. Typical content:
- Short chronological statement of the crash (reference the police report).
- Copies of the crash report, photos, witness contact info, medical records, medical bills, pay stubs showing lost wages, repair estimates, and receipts for out-of-pocket costs.
- A clear settlement demand number and explanation of how it was calculated (medical expenses, future care, lost earnings, pain and suffering).
8. If negotiations stall, consider mediation or litigation
Many claims settle after a demand package and back-and-forth with insurers. If the insurer denies responsibility or offers an amount that doesn’t cover your losses, mediation can be a low-cost option. If mediation fails or the insurance company refuses to negotiate in good faith, you must consider filing a lawsuit to preserve your claim.
9. Watch and comply with deadlines — statute of limitations
In Wisconsin, most personal injury actions must be filed within three years from the date of injury. See Wis. Stat. § 893.54: https://docs.legis.wisconsin.gov/statutes/statutes/893/54. If you miss this deadline, you generally lose the right to sue. Note: claims against governmental entities may have special notice requirements and shorter deadlines—if a government driver, city, county, or state agency is involved, consult an attorney promptly.
10. Preserve your right to sue and prepare for litigation if needed
- Keep all evidence safe and organized: crash report, photos, medical records, receipts, journal of symptoms and recovery, vehicle repair records, and correspondence with insurers.
- If you plan to sue, collect the names and badge numbers of responding officers, witness contact info, and any surveillance or traffic camera details right away—evidence can disappear or witnesses can move.
- Ask about preservation letters: in some cases, sending a preservation letter to the other party (or a business whose camera may have captured the crash) helps protect evidence from being destroyed.
11. When to hire a lawyer
Consider hiring an attorney if any of the following apply:
- Your injuries are moderate to severe, require ongoing care, or involve surgery.
- Liability is disputed or multiple parties may share fault.
- The insurer undervalues your claim or denies coverage.
- You face a complicated coverage issue (UM/UIM, commercial vehicle, government driver).
An attorney can evaluate your case, calculate future damages, handle communications with insurers, and protect your rights in settlement talks or litigation.
Key Wisconsin resources and laws
- Wisconsin DOT crash report information: https://wisconsindot.gov/Pages/safety/education/crashreport/default.aspx
- Wisconsin personal injury statute of limitations: Wis. Stat. § 893.54 — https://docs.legis.wisconsin.gov/statutes/statutes/893/54
- Wisconsin public records law (for access to reports and notes): Wis. Stat. § 19.35 — https://docs.legis.wisconsin.gov/statutes/statutes/19/35
Helpful Hints
- Do not admit fault to anyone at the scene or to insurers; say only what happened factually.
- Photograph everything right away: vehicle damage, license plates, skid marks, traffic signs, injuries, and the exact location.
- Keep a recovery journal: daily pain levels, medication, activity limits, and missed work — judges and adjusters pay attention to a consistent record.
- Ask for an itemized medical bill and explanation of benefits (EOB) from insurers to track payments and outstanding balances.
- Get contact info for all witnesses listed on the crash report; don’t wait—witness memories fade and people move.
- If you’re dealing with a claim against a government entity, contact an attorney immediately to confirm any special notice deadlines.
- If you plan to negotiate without an attorney, set a bottom-line settlement figure and be prepared to walk away if the insurer won’t offer fair compensation.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. For advice about your specific situation in Wisconsin, consult a licensed Wisconsin attorney.