What To Do . . .
If You Are in an Auto Accident

The Wisconsin Academy of Trial Lawyers provides this document as a public service to the insurance consumers of Wisconsin. This document does not provide legal advice; always speak to a lawyer if you have a legal question or if you have been hurt in an accident. The members of the Wisconsin Academy of Trial Lawyers are determined to do everything in their power to advance the law, educate consumers about their rights, and assist injured people. This document represents an effort in that direction.

T. Thompson & Associates, Accident Reconstruction Consultants placed this public service page here to assist people involved in automobile crashes. These guidelines are from the Wisconsin Academy of Trail Lawyers and represent an excellent resource. Do not, usually, consult an Accident Reconstruction firm first, talk to a lawyer and they will decide if expert assistance is needed.

1. Don’t leave the scene of the accident.
Wisconsin law requires the driver of a vehicle involved in an accident resulting in personal injury, death, or property damage to stop his/her vehicle at the scene of the accident.

2. Assist the injured.
Check for injured persons. If someone is seriously injured, call 911 immediately and request emergency aid.  

Make the injured person comfortable, but do not move the person unless you are skilled in giving emergency care or it’s absolutely necessary to avoid further injury. Good intentions on your part could result in further injury to the victim.

Wisconsin has a "Good Samaritan" law under which any person who gives first aid or emergency assistance at the scene of an accident in good faith cannot be liable for providing emergency care.

3. Warn other drivers.
Make every effort to warn other drivers of the accident to prevent additional accidents. At night use available flares, reflectors, or flashlights.

4. Call an officer.
Wisconsin law requires the driver of a vehicle involved in an accident resulting in personal injury, death, or property damage of $1,000 or more, or $200 for government property, to immediately notify the local police department, sheriff, or highway patrol of the accident. Failure to report an accident may result in the revocation of your driver’s license.

Even if there are no apparent personal injuries, it is advisable to give this notice immediately. Injuries often show up later, and it is important that an officer investigate the accident promptly. Report any injury you have suffered. If you do not request an investigation, you may seriously damage your chances of obtaining full compensation or may be blamed for an accident that is not your fault.

5. Assist the officer.
Remain at the scene, unless injured, until the officer arrives. Cooperate with the officer by relating the basic facts of the accident. Explain what happened. Be complete and accurate. Avoid jumping to conclusions about who was at fault. Avoid talking about the accident with persons other than the investigating police officers. If it is a serious accident, consult a lawyer who handles accident cases as quickly as possible.

6. Identify the other driver.
Obtain the other driver’s name, address, and license plate (vehicle registration) number. Ask to see the other driver’s license. Wisconsin law requires exchange of this information among all parties involved in an accident. It is also highly recommended that you get the name of the other driver’s insurance company or agent. Keep a pencil and pad with this document in the glove compartment of your automobile.

7. Obtain names and telephone numbers of witnesses.
Often, by the time the police arrive at the accident scene, witnesses to the collision may be gone. Therefore, obtain the name, address, and phone number of any witness(es) as soon as you can. Witnesses and others at the scene might have information about the circumstances of the accident.

8. Keep a record of the accident.
If you are involved in an accident where a law enforcement agency has not filled out an accident report, you will be required to complete a "Driver’s Report of Accident" form within ten days of the accident if the accident resulted in personal injury, death, or property damage of $1,000 or more, or $200 for government property. To aid you in completing that form, fill out the Accident Information Form at the end of this document.

9. Do not admit guilt.
A ticket or an arrest at the scene of the accident does not necessarily indicate liability. A plea of no contest followed by a conviction in connection with a traffic accident cannot ordinarily be used against you later in a suit for damages. A plea of guilty and conviction, however, may be used against you. It is important that you contact a lawyer who handles accident cases as soon as possible before admitting any liability or guilt.

10. Obtain medical treatment.
If you believe that you have been injured in the accident, go to the nearest emergency room or to your personal physician as soon as possible after the injury to have the injuries checked by a competent health care professional. In order to insure proper medical treatment, be sure to disclose all injuries to the doctor, no matter how minor. Be sure to seek follow-up treatment, as necessary, if the injuries do not heal within a short time.

11. Obtain an accident report.
A copy of the accident report can generally be obtained from the investigating officer’s police department within days of the accident. Within ten days after the accident, the investigating officer will forward a written accident report to the Wisconsin Department of Transportation. A copy of this report can be obtained for approximately $4.75 from the Department’s Traffic Accident Information Division, (608) 266-2265.

12. Comply with financial responsibility law.
Shortly after a reportable accident, the Department of Transportation will contact the driver by mail requesting proof of financial responsibility. Cooperate with them to provide the information.

Proof of financial responsibility means every motor vehicle owner or registrant of a motor vehicle licensed in this state must show an ability to pay damages if liable for an accident by having insurance or equivalents of insurance. The minimum coverage required is $25,000 for injury or death to one person, $50,000 for injury or death to more than one person, and $10,000 for property damage.

Given increased costs, this amount may not be enough to cover an accident. Ask your agent how much it would cost to increase your insurance limits. The extra protection it buys could be very important to you and your family. Failure to carry the minimum amount of insurance will result in your being personally responsible for the damages caused by the accident if found liable. It may also cause the revocation of your driver’s license and vehicle registration.

13. Inform your insurance company.
Make a complete report of your accident to your automobile liability insurance company. Failure to make a prompt report may void your insurance coverage.

If you have medical expenses you may be entitled to recover from the policy of the motor vehicle you were driving or riding in, and/or from your own motor vehicle policy under its medical payments coverage.

If you are a member of any group insurance plan or have any insurance providing medical or disability coverage, you should also notify the company of your accident and injury and file appropriate claims.

14. Pay nothing.
Your insurance company is responsible for making payments on your behalf "up to the policy limits of your coverage." Make no immediate payment to the other party nor promise to make a payment. If you make any payments without your company’s approval, it may refuse to provide coverage for those payments. The other driver cannot force you to make any payment without legal proceedings, nor can your motor vehicle be held without legal action.

15. Seek professional advice.
Shortly after the accident a claims adjuster will be assigned by the other driver’s insurance company to gather information in regard to the accident. It is common for the adjuster to ask an injured party to give a written or recorded statement as to how the accident occurred and also to seek medical information from you.

Prior to discussing such matters with the other driver’s insurance carrier, contact an attorney to discuss your rights in this situation. You can then decide how you want to deal with the other driver’s insurance carrier. 

16. Select a lawyer who understands the law.
If the other driver is at fault for the accident, you may have a right to receive compensation from the other driver’s insurance company for any personal injuries or property damage. Be cautious in dealing with persons offering to adjust your case or hurry you into a settlement. No settlement should be made until you are certain of the nature and extent of your injuries. Consult with your doctor on the long term consequences of your injury. Be sure a settlement fairly compensates you for permanent injuries and damages, including any loss of income and pain and suffering. Once a claim is settled, it can never be reopened.

If you are uncertain whether to settle, seek the advice of a lawyer who handles accident claims. That lawyer is trained to assist you in handling problems resulting from an accident. There is usually no charge to review your claim. Most attorneys handle injury cases on a contingent fee basis, meaning there is no charge unless compensation is recovered.

17. Time for making a claim is limited.
For every injury or death claim, there is a limited period of time during which you must file your claim with the court. This is called a Statute of Limitation.

In Wisconsin, the period for bringing an injury or death claim is usually three (3) years from the date of the accident, but there are some exceptions. The time for filing a claim against a governmental entity may be as little as 120 days. For accidents occurring in other states, the statute of limitations may be even shorter.

The sooner you consult a lawyer following an accident, the more the lawyer can help you receive fair and adequate compensation for your injury.

You can avoid many accidents by simply using common sense. Make sure your automobile is always in good mechanical condition. Obey the rules of the road, keep a safe distance from other vehicles, and don’t speed. Never drink and drive. Always wear your safety belt. Drive defensively, always keeping alert to what other drivers might do. The members of the Wisconsin Academy of Trial Lawyers want you to avoid the need for a lawyer by having a safe and happy trip.

The Other Driver and His/Her Car

Name of other driver:______________________________________________________________________

Address & Phone: ________________________________________________________________________

Driver’s License #: Year/Make/Type of car: _____________________________________________________

Name/address of insurance company covering other car: ___________________________________________

Name/address of insurance company covering other driver: _________________________________________

Driver’s license # of other driver: Had he/she been drinking? _________________________________________

Any verbal statement made by other driver as to the cause of the accident: _______________________________

________________________________________________________________________________________

Names and Addresses of Passengers of Other Car

Name/Address/Phone: ______________________________________________________________________

Name/Address/Phone: ______________________________________________________________________

Name/Address/Phone: ______________________________________________________________________

Names and Addresses of All Possible Witnesses to Accident

Name/Address/Phone: ______________________________________________________________________

Name/Address/Phone: ______________________________________________________________________

Name/Address/Phone: ______________________________________________________________________

Complete this section and diagram of what happened only if a law enforcement officer has not filled out an accident report.

Special Conditions to Note Immediately Following Accident

Date of Accident:_____________________ Time:________ Location of Accident: ________________________

Direction of your car: Direction of other car: _______________________________________________________

Direction and position of your car after accident: ___________________________________________________

Direction and position of other car after accident: ___________________________________________________

Road conditions:____________________________ Traffic conditions: _________________________________

Weather conditions: _________________________________________________________________________

Traffic controls (traffic lights, stop signs, etc.): _____________________________________________________

Were you or the other driving turning?___________ If at night, were car lights turned on? ___________________

Did the driver signal properly (arm, horn, lights, etc.)? ________________________________________________

Place of impact on other car: ___________________________________________________________________

Name/address of any wrecker that removed other car: ________________________________________________

Nature and extent of damages and injuries: ________________________________________________________

Other conditions or pertinent facts that might have bearing on the accident: _________________________________

______________________________________________________________________________