Detailed Answer
If you’ve suffered both vehicle damage and bodily injury in Wisconsin, you can pursue each claim separately. Property damage claims follow a different process and deadline from personal injury actions. Below are the principal steps you need to take to secure compensation for vehicle damage alone.
- Document the accident and damage: Photograph all vehicle damage, capture scene details, exchange information with the other driver and note witness contacts. Obtain a copy of the police report.
- Notify your insurer promptly: Report the accident to your insurance company. Ask about first-party property damage coverage (collision or comprehensive) and, if the other driver lacks insurance, about Uninsured Motorist Property Damage (UMPD) under Wis. Stat. §344.27 (docs.legis.wisconsin.gov/statutes/statutes/344/27).
- Decide whom to pursue: You can file a first-party claim through your own policy (your deductible may apply) or a third-party claim with the at-fault driver’s insurer.
- Obtain repair estimates: Secure at least two independent repair estimates. Compare them to the insurer’s initial offer and note any discrepancies.
- Submit a demand package: Send a written demand letter that includes the accident summary, repair estimates, invoices and the police report. Use certified mail and keep records of delivery.
- Negotiate a settlement: Insurers often respond with a counteroffer. Review it against your actual repair cost and expenses (rental car, towing). Continue negotiating until you reach a fair amount.
- File suit if negotiations stall: If you cannot settle, file a property damage lawsuit. For claims up to $10,000, use small claims court in your county. For larger claims, file in circuit court. Remember, Wisconsin gives you six years to bring a property damage action under Wis. Stat. §893.54 (docs.legis.wisconsin.gov/statutes/statutes/893/54). By contrast, bodily injury claims must be filed within three years per Wis. Stat. §893.52 (docs.legis.wisconsin.gov/statutes/statutes/893/52).
- Keep injury and damage claims separate: Track property damage communications and negotiations apart from any bodily injury claim or medical expense settlement. This prevents confusion over deadlines and evidence.
- Consider legal help for disputes: If the insurer refuses a fair settlement or legal deadlines approach, consult an attorney skilled in Wisconsin vehicle damage claims for advice on next steps.
Disclaimer: This article provides general information about Wisconsin law and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Keep digital and paper copies of every estimate, invoice and letter.
- Send key documents via certified mail and request a return receipt.
- Review your insurance policy for coverage limits and deductibles.
- Note all deadlines in a calendar to avoid missing the statute of limitations.
- Consider small claims court for faster resolution if your damage costs fall below the limit.