Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an accident occurs in Wisconsin, identifying the at-fault driver’s insurer involves gathering official records, using statutory disclosure rights, and leveraging state and national databases. Below are four key steps to determine which insurer covered the at-fault driver at the time of the collision.
Step 1: Obtain the Official Crash Report
After any collision, law enforcement completes a Wisconsin Traffic Crash Report (Form MV4000 or MV4001). This report often includes the at-fault driver’s insurance company name and policy number. You can request a copy:
- Online via the Wisconsin Department of Transportation: Crash Data & Reports.
- By mail or in person at your local law enforcement agency.
Step 2: Request Insurer Disclosure Under Wisconsin Statute
Wisconsin law requires insurers to disclose whether they issued a policy covering the at-fault driver for bodily injury liability. Under Wis. Stat. §632.32, you may send a written request to the insurer:
“Within 30 days after receipt of a written request, the insurer shall provide information stating whether the insurer issued a policy covering the motor vehicle involved in the accident.”
Link to statute: Wis. Stat. §632.32.
Step 3: Contact the At-Fault Driver Directly
If the crash report lacks insurer details, reach out to the at-fault driver or their attorney. Ask for a copy of the declarations page (proof of insurance) from the policy in effect on the accident date.
Step 4: Use State and National Resources
- Wisconsin Office of the Commissioner of Insurance (OCI): The OCI Consumer Services Division can assist in locating an insurer when you have minimal policy information. Visit OCI.wi.gov.
- NAIC Consumer Information Source: The National Association of Insurance Commissioners maintains a lookup tool for insurers. Access at NAIC CIS.
- Private investigation: A licensed claims investigator can run an insurance data search based on the driver’s name and vehicle VIN.
Helpful Hints
- Keep all correspondence in writing and record dates you sent requests.
- Review your own policy’s uninsured/underinsured motorist coverage in case the at-fault driver is uninsured.
- Check the accident report within weeks of the collision to ensure timely access.
- If you receive no response to your statutory request, follow up with a certified letter.
- Consult a qualified attorney if insurer or driver fails to cooperate.