If you weren’t wearing a helmet, you might be wondering whether that automatically puts you at fault or takes away your ability to file a claim. Insurance companies often lean into that assumption, but the law has a different take.
In Wisconsin, motorcycle helmets are strongly recommended for safety, but they are not legally required for riders who are 18 or older and properly licensed. Even if you were not wearing a helmet, you still have the right to pursue compensation if another driver caused the crash.
If you were injured while riding in Milwaukee, Madison, Appleton, or Green Bay, the focus of your claim is not whether you wore a helmet. It is whether another driver acted carelessly, failed to yield, was distracted, or otherwise caused the collision.
In Wisconsin, motorcycle helmet laws are limited. Riders and passengers under 18 and those riding with an instructional permit are required to wear helmets. For riders 18 and older with a valid license, helmets are optional.
That distinction matters. Choosing not to wear a helmet when you are legally allowed to do so is not, by itself, a violation of the law.
Yes. You can still file a motorcycle accident claim even if you were not wearing a helmet.
The most important question in any motorcycle case is what caused the crash, not what you were wearing. If another driver was speeding, distracted, failed to yield, or simply was not paying attention, you still have the right to pursue compensation for the harm they caused. That can include:
Helmet use does not change whether another driver acted negligently.
This is where things get more nuanced. Wisconsin follows a comparative negligence system. That means fault can be divided, and compensation can be reduced if someone’s actions contributed to their injuries.
In motorcycle cases, insurance companies sometimes argue that not wearing a helmet made injuries worse. For example:
In that situation, the argument is not that the rider caused the accident, but that they share some responsibility for the extent of their injuries. Even then, this does not automatically reduce compensation. It must be proven, and it is often disputed with medical and accident evidence.
Every case is different.
This is why these cases should not be decided by assumptions. They should be evaluated carefully, with facts, timing, medical records, and an understanding of how Wisconsin law is actually applied.
Motorcycle accident claims are already treated differently by insurance companies. When helmet use is added to the conversation, adjusters often push harder to minimize claims early on. At Natasha Misra Law, we focus on what truly matters:
Natasha stays personally involved in motorcycle injury cases, supported by a team with deep experience handling serious auto and motorcycle claims across Wisconsin. We take the time to explain your options clearly, answer your questions honestly, and push back when insurers oversimplify the law.
If you were injured in a motorcycle accident and were not wearing a helmet, do not assume you are out of options. You deserve to understand where you stand before an insurance company decides for you.
Contact us today to schedule a free consultation. Natasha Misra Law serves riders throughout Milwaukee, Madison, Appleton, and Green Bay.
We’re here to help you understand your rights and get back on your feet.
According to the Insurance Information Institute, most vehicles depreciate twenty-percent within the first year. If your vehicle is totaled in an accident, auto insurance will likely cover the value of the vehicle at the time of the accident. But, what if the value is less than what you still owe on your auto loan?
Gap insurance covers what your standard auto policy does not. Rather than being left to make loan payments on a vehicle you cannot drive, gap insurance makes sure your auto loan is paid off.
So, what exactly is gap insurance, and do you need it? Here we explain how standard insurance policies handle totaled vehicles and how gap insurance works.
Yes, auto insurance will cover your totaled car, but coverage is based on the current value of the vehicle, not the remaining balance on your auto loan which includes interest. Generally, auto insurance providers total a vehicle if the cost of repairs exceeds the actual cash value of the vehicle. If you have an outstanding auto loan on the vehicle, the insurance reimbursement will go directly to your loan provider who is the lienholder of the vehicle.
Because cars depreciate over time, it is not uncommon for this to happen. Auto insurance will make a payment to the lender for the depreciated value of the vehicle. If this is less than the outstanding balance on the loan, you will be responsible for continuing payments out-of-pocket until the loan has been paid in full, unless you have gap insurance.
If your car is stolen or totaled in an accident and you owe more than the car’s value at the time of the loss, gap insurance covers the difference between the value of the car and the remaining balance on the auto loan. Gap insurance is intended to protect you from having to make payments on a car you can no longer use. Many dealerships offer gap insurance, but it is also available as an add-on through many insurance providers.
For example, gap insurance from Toyota Financial Services (TFS) will either waive or pay the deficiency balance, or the difference between what is owed on the vehicle and what the insurance company will pay if the vehicle is declared a total loss. So, if you owe $23,000 on your vehicle and receive $20,000 from the auto insurance company, you would be responsible for $3,000 out-of-pocket. However, gap coverage from TFS would cover this $3,000 balance.
Yes, a car accident attorney will make sure your gap insurance is appropriately applied to resolve any remaining balance on your auto loan. Save yourself the headache of the back-and-forth with your loan provider and insurance company and contact Milwaukee personal injury attorney Natasha Misra Law today.
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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