Legally Reviewed by William Pemberton on September 29, 2026
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.
Frequently Asked Questions About Wisconsin Hit-and-Run Claims
What should I do immediately after a hit-and-run accident in Wisconsin?
Call 911 immediately and stay at the scene. Try to note any details about the fleeing vehicle: make, model, color, partial license plate, and direction of travel. Get contact information from any witnesses. Seek medical attention even if you feel okay, since some injuries are not immediately apparent. Report the accident to your insurance company promptly, as hit-and-run claims often have shorter internal reporting windows than standard claims. Contact an attorney as early as possible to preserve your options.
Call 911 immediately and stay at the scene. Try to note any details about the fleeing vehicle: make, model, color, partial license plate, and direction of travel. Get contact information from any witnesses. Seek medical attention even if you feel okay, since some injuries are not immediately apparent. Report the accident to your insurance company promptly, as hit-and-run claims often have shorter internal reporting windows than standard claims. Contact an attorney as early as possible to preserve your options.
What if the hit-and-run driver is never found?
If the at-fault driver cannot be identified, your primary source of compensation is your own uninsured motorist (UM) coverage. Wisconsin requires insurers to offer UM coverage, though drivers can waive it in writing. If you have this coverage, your own insurer steps in and pays damages up to your policy limits. If your injuries are severe and your UM limits are low, an attorney can identify other potential sources of recovery, such as underinsured motorist coverage or PIP benefits.
If the at-fault driver cannot be identified, your primary source of compensation is your own uninsured motorist (UM) coverage. Wisconsin requires insurers to offer UM coverage, though drivers can waive it in writing. If you have this coverage, your own insurer steps in and pays damages up to your policy limits. If your injuries are severe and your UM limits are low, an attorney can identify other potential sources of recovery, such as underinsured motorist coverage or PIP benefits.
Does Wisconsin law require uninsured motorist coverage for hit-and-run accidents?
Wisconsin law requires insurance companies to offer uninsured motorist coverage, but drivers may waive it. If you did not waive UM coverage when you purchased your policy, it applies to hit-and-run accidents where the driver flees and cannot be identified. The UM coverage treats the unidentified driver as an uninsured motorist. Review your policy carefully or speak with your attorney to confirm what coverage you have and what steps are required to make a claim.
Wisconsin law requires insurance companies to offer uninsured motorist coverage, but drivers may waive it. If you did not waive UM coverage when you purchased your policy, it applies to hit-and-run accidents where the driver flees and cannot be identified. The UM coverage treats the unidentified driver as an uninsured motorist. Review your policy carefully or speak with your attorney to confirm what coverage you have and what steps are required to make a claim.
Can I sue the hit-and-run driver if they are later identified?
Yes. If the driver is later found, you can pursue a personal injury claim against them directly. Wisconsin gives you three years from the date of the accident to file suit. Even if you have already received a payout from your UM coverage, your insurer may have a subrogation right to recover that amount from the at-fault driver — but this does not necessarily limit your ability to pursue additional damages above what you have already received. An attorney can advise you on how to coordinate these claims.
Yes. If the driver is later found, you can pursue a personal injury claim against them directly. Wisconsin gives you three years from the date of the accident to file suit. Even if you have already received a payout from your UM coverage, your insurer may have a subrogation right to recover that amount from the at-fault driver — but this does not necessarily limit your ability to pursue additional damages above what you have already received. An attorney can advise you on how to coordinate these claims.
How long do I have to file a hit-and-run claim in Wisconsin?
The statute of limitations for personal injury claims in Wisconsin, including hit-and-run accidents, is three years from the date of the accident. Property damage claims also have a three-year window. However, your insurance policy may have much shorter internal reporting requirements. Many policies require you to report a hit-and-run accident to your insurer within a specific number of days. Missing those deadlines can jeopardize your UM claim even if the legal deadline has not passed.
The statute of limitations for personal injury claims in Wisconsin, including hit-and-run accidents, is three years from the date of the accident. Property damage claims also have a three-year window. However, your insurance policy may have much shorter internal reporting requirements. Many policies require you to report a hit-and-run accident to your insurer within a specific number of days. Missing those deadlines can jeopardize your UM claim even if the legal deadline has not passed.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
