Detailed Answer
Under Wisconsin law, you can pursue compensation for vehicle damage separately from any bodily injury claim. Follow these steps to protect your rights and maximize recovery:
1. File a Crash Report with the DMV
If property damage exceeds $1,000 or anyone was injured, you must file a crash report with the Wisconsin Department of Transportation using form MV4000 within 10 days. See Wis. Stat. § 346.70: https://docs.legis.wisconsin.gov/statutes/statutes/346/70
2. Notify Your Insurance Company Promptly
Wisconsin law requires you to inform your insurer as soon as possible after an accident. Delays can lead to a denial of your claim. Review Wis. Stat. § 632.32: https://docs.legis.wisconsin.gov/statutes/statutes/632/32
3. Document the Damage Thoroughly
Use a smartphone or camera to photograph all vehicle damage from multiple angles. Save repair estimates, towing and storage receipts, and any rental car invoices.
4. Submit a Formal Property Damage Claim
Send a written claim to the at-fault driver’s liability insurer or your own collision carrier. Attach your crash report number, photos, estimates, and receipts.
5. Review Settlement Offers and Negotiate
Insurance companies often make low initial offers. Compare their offer to written estimates from reputable auto shops. Submit counter-offers in writing and support them with detailed documentation.
6. Consider Small Claims Court for Unresolved Disputes
If the insurer fails to pay fair market value, you may file a claim in small claims court for up to $10,000. See Wis. Stat. ch. 799: https://docs.legis.wisconsin.gov/statutes/statutes/799 and small claims jurisdiction at Wis. Stat. § 799.05: https://docs.legis.wisconsin.gov/statutes/statutes/799/05
7. File a Civil Lawsuit if Necessary
For claims exceeding small claims limits or complex cases, file a lawsuit in Wisconsin Circuit Court. The statute of limitations for property damage is three years from the accident date. See Wis. Stat. § 893.54: https://docs.legis.wisconsin.gov/statutes/statutes/893/54
Helpful Hints
- Exchange insurance and contact details at the scene.
- Keep all estimates, invoices, and correspondence organized.
- Obtain a written denial from the insurer if they refuse to pay.
- Act quickly: fading memories and lost evidence can weaken your case.
- Consult an attorney if damages exceed policy limits or disputes become complex.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.