Who Pays in a Wisconsin Hit and Run?

Legally Reviewed By:

William Pemberton

A Green Car On The Side Of The Road With Destroyed Front Fender Pieces Of The Car

When the at-fault driver flees the scene of a hit and run, victims can still obtain compensation through their uninsured motorist (UM) coverage (if they have this insurance). This policy applies when the at-fault driver cannot be identified. Additionally, victims can pursue legal action if the fleeing driver is later found. Wisconsin law allows victims to claim damages for medical expenses, lost wages, pain and suffering, and other losses. Contact one of our Wisconsin hit-and-run lawyers today.

Key Takeaways:

  • Victims of hit-and-run accidents can claim compensation through uninsured motorist (UM) coverage if the at-fault driver cannot be identified.
  • Pedestrians struck by hit-and-run drivers typically rely on UIM coverage or other applicable insurance policies, like PIP.
  • Wisconsin law requires drivers to stop, provide identification, render aid, and report accidents; failure can result in fines or imprisonment.
  • Victims can pursue legal action if the fleeing driver is later found.
  • Statute of limitations in Wisconsin for hit-and-run injury or property damage claims is three years.

What if the at-fault driver hits a pedestrian?

All hits and runs create significant hurdles for the injured party, but this is especially the case when the victim is a pedestrian. When a pedestrian is struck by a hit-and-run driver, they typically use their Uninsured Motorist (UIM) coverage to claim compensation if the driver cannot be identified.

If the pedestrian has other relevant insurance policies (such as personal injury protection or PIP), those might also provide coverage. However, UIM is the primary insurer for compensation in hit-and-run cases where the driver remains unknown.

Wisconsin Hit & Run Laws

In Wisconsin, drivers involved in accidents are required by law to stop and fulfill certain obligations based on the nature of the collision. These obligations include reporting the car accident, providing identification, and rendering aid. Specific sections address collisions with people, attended vehicles, unattended vehicles, and property. Failure to comply with these requirements can result in severe penalties, including fines and imprisonment, particularly when accidents involve injury or death.

Statute of Limitations

In Wisconsin, hit and run injury claims have a three year statute of limitations. That means victims of hit and runs have three years to begin the claims process. For any property damage claims, the statute of limitations is also three years. Victims should begin their claims process sooner rather than later. Gathering evidence and seeking help is much easier immediately after the incident.

For more details, visit the Wisconsin Legislature’s site on car accidents and hit-and-run laws.

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William Pemberton Author
ABOUT THE AUTHOR
William Pemberton

Founder & Personal Injury Attorney

William M. Pemberton founded Pemberton Personal Injury Law Firm in 2006 to fight for injured Wisconsinites. Focusing on motor vehicle accidents (car, motorcycle, and pedestrian), Will has been named a Super Lawyer for 12 consecutive years and holds a Martindale-Hubbell AV Preeminent Rating, as well as a Client Champion Platinum Award.

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