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.
Rideshare apps like Uber and Lyft have become part of everyday life in Milwaukee. But when an accident happens, it is assumed that the rideshare company’s insurance will take care of everything. Unfortunately, that’s not always the case. Rideshare companies often deny claims, leaving injured drivers and passengers feeling frustrated and unsure of what to do next.
At Natasha Misra Law, we know how disruptive this can be. Our rideshare accident lawyers helped clients across Wisconsin navigate denied claims, and we’re here to explain your options and how to move forward.
Before looking at solutions, it’s important to understand why a rideshare company might reject your claim. Common reasons include:
Disputes Over Fault – If there’s any question about who caused the crash—the rideshare driver, another motorist, or even both—companies may deny coverage.
A Different Policy Applies - If you receive a denial, there may be a different insurance policy that applies to the facts of the particular accident.
Lack of Documentation – Missing police reports, incomplete medical records, or other gaps in evidence can give insurers an excuse to push back.
Policy Exclusions – Rideshare policies are complicated. Depending on whether the app was on, off, or waiting for a ride, different coverage rules apply.
Understanding the “why” behind a denial helps you and your lawyer identify the next step.
A denied claim is not the end of the road. Here’s what you can do:
1. Consult with a Rideshare Accident Lawyer: Talking with an attorney should be one of your first moves. A Milwaukee rideshare accident lawyer can:
Evaluate Your Case – Review the accident details and the denial letter to identify weaknesses in the company’s reasoning.
Sort Our Insurance Coverages - An experienced attorney can look at all available insurance policies and see which apply to the circumstances of the accident.
Explore Options – From negotiations to filing a lawsuit, your lawyer will help you understand the best path forward.
Build Evidence – Lawyers know what records, statements, and reports are needed to make your case stronger.
2. Review the Denial Letter Carefully: Rideshare companies are required to explain why they’re denying your claim. Look for:
Specific Policy References – Pay attention to the insurance terms they cite.
Requests for More Information – Sometimes a denial isn’t final. Providing additional documentation may change the outcome.
3. Strengthen Your Documentation: A solid paper trail makes it harder for companies to avoid paying:
Accident Reports – Always get an official police report.
Medical Records – Keep detailed documentation of your injuries, treatments, and costs.
Witness Statements – Independent accounts can confirm what happened.
Wisconsin uses a fault-based insurance system. That means the driver (or drivers) responsible for the crash must cover damages. In a rideshare accident, this often involves multiple parties: the rideshare driver, another motorist, and the rideshare company itself. Proving fault clearly is one of the most important parts of a successful claim.
A denied rideshare claim can leave you feeling like you’ve run out of options. But you don’t have to face Uber, Lyft, or their insurance companies alone. At Natasha Misra Law, we fight for injured passengers across Milwaukee, Madison, Appleton, Green Bay, and surrounding areas. We’ll review your case, explain your options, and take on the insurance companies so you can focus on healing.
Contact us today for a free consultation. Don’t let a denied claim stand in the way of your recovery. Take the first step toward justice with Natasha Misra Law.
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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