You just got rear-ended at a stoplight in Madison. The other driver seems cooperative, and the damage doesn’t look too bad, so you both decide not to call the police. A few days later, your neck starts to hurt, your car needs more repairs than you thought — and now you’re wondering how to file a claim.
But then reality hits: there’s no accident report. Can you still file a car accident claim in Wisconsin?
The short answer is yes — but it can be more complicated. At Natasha Misra Law, we’ve helped drivers across Milwaukee, Appleton, Green Bay, Madison, and Hales Corners handle accident claims with and without accident reports. Here's what you need to know.
An accident report serves as an official, third-party record of your accident. It often includes:
Insurance companies often rely on accident reports when deciding how to handle a claim. Without one, the process can feel like your word against the other driver’s.
Yes. You can still file a car accident claim without an accident report — but your claim will likely need stronger supporting evidence.
That includes:
Without an accident report, it’s even more important to act quickly and stay organized. The insurance company may be more likely to challenge your version of events, delay your claim, or offer less than you deserve.
This is a common issue when there’s no report to back up what really happened. At the scene, the other driver may admit fault or apologize — but a week later, their insurance company says you were to blame.
That’s why it’s always a good idea to involve the police, even in minor crashes. In Wisconsin, you’re legally required to report the accident to police if:
If you’ve been injured in a crash and there’s no accident report, it’s a smart idea to speak with a personal injury attorney early on. At Natasha Misra Law, we help people who’ve been hurt in car accidents navigate claims, even when the case starts out messy or unclear.
We’ll help gather the evidence, build your case, and handle communication with the insurance companies — so you can focus on recovering. Our personal injury team works on a contingency fee basis, meaning you don’t pay unless we win.
We also offer multilingual support through a professional translation service, so if you or a loved one speaks Spanish, Burmese, Rohingya, or another language, we’re ready to help.
No accident report? Don’t panic — and don’t give up on your claim. Whether your accident happened in Milwaukee, Green Bay, Hales Corners, Madison, or Appleton, we’re here to help you figure out the next step and fight for the compensation you deserve.
Get a free consultation today. You deserve answers. You deserve to recover.
Like many other states, Wisconsin uses a “comparative negligence” law to determine fault during car accidents. But what does this mean?
In this blog, we will discuss what you need to know about comparative negligence, and how it may affect your car accident claim.
First, let’s define comparative negligence. Basically, this is a system of assigning fault in car accidents that determines how much a victim can recover in compensation based on their contribution to the accident.
In other words, both parties involved in an accident can be assigned a portion of the blame. For example, one party may be found to be 30% at fault in the accident, with the other driver being assigned 70% of the fault.
This means two things. First, you can still recover damages if you’re partially at fault for an accident. Even if you contributed to the accident, you may be able to file a personal injury suit and get compensation, as long as you were less than 50% negligent (more about that in the next section).
This is in contrast to states that use a “pure contributory negligence” law, where drivers are unable to recover any damages, even if they were only 1% responsible for the accident.
Second, your damages are limited by the amount of fault assigned to you for the accident. So if you are assigned 30% of the fault and the other driver is assigned 70% of the fault, you can only recover 70% of your damages.
In this situation, if your total damages for medical bills, property damage, renting a car, and other such costs were $20,000, you could only sue the other driver for $14,000 – not the full $20,000 in costs you incurred.
So, comparative negligence means that you can recover some damages after a car accident even if you share fault with the other driver. But what if you’re responsible for the majority of the fault?
Well, Wisconsin follows what’s called the “51 Percent Bar Rule.” This means that you’re “barred” from recovering damages if you are found to be responsible for the majority (51% or more) of fault.
In other words, if you are found to be 50% at fault, you can still recover damages after a car accident in Milwaukee. But if you exceed 50% fault, you will not be able to work with a Milwaukee personal injury attorney to file a lawsuit and recover damages.
Working with an experienced Milwaukee personal injury attorney can help you get a fair and just outcome when you’ve been in a car accident.
Natasha Misra Law can help you protect your rights and recover the compensation you deserve for your injuries, medical bills, lost wages, and more. Contact us online or give us a call to schedule a free consultation.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.
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