Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Securing liability acceptance from the at-fault party’s insurer under Wisconsin law requires organized evidence, clear communication, and knowledge of relevant statutes. Follow these steps to improve your chances of a timely and fair response.
Step 1: Gather and Preserve Evidence
Collect all documentation related to the accident and your injuries:
- Police report and incident number.
- Photographs of damage, injury, and scene.
- Eyewitness statements or contact information.
- Medical records, bills, and diagnostic reports.
Step 2: Send a Detailed Demand Letter
Draft a clear demand letter to the at-fault insurer. Include:
- A factual summary of the accident and liability basis.
- Itemized medical expenses and projected costs.
- Evidence of pain, suffering, and lost wages.
- A deadline for response—typically 30 days after receipt.
Step 3: Reference Wisconsin Statutes
Cite key Wisconsin laws to support your claim:
- Wis. Stat. § 628.46 prohibits unfair claim settlement practices, including unreasonable delays or denials.
- Wis. Stat. § 893.54 sets a three-year limit from the date of injury to file a lawsuit for personal injury.
Step 4: Follow Up and Escalate
If you do not receive a response:
- Send a polite reminder letter or call the adjuster.
- Consider mediation or alternative dispute resolution.
- File a complaint with the Office of the Commissioner of Insurance if the insurer violates Wisconsin’s unfair practices law.
- Consult a local attorney before the statute of limitations expires.
Helpful Hints
- Keep a detailed log of communication dates, names, and outcomes.
- Maintain copies of all correspondence and evidence.
- Avoid admitting fault or downplaying your injuries.
- Request written confirmation of liability acceptance.
- Seek medical treatment promptly to document injuries.
- Consider a preservation letter to avoid lost or destroyed evidence.