A car accident can be stressful, especially when you are trying to figure out the state’s requirements for reporting it and what you are required to do next. One of the first questions you may have is whether you need to report the accident to law enforcement or the Wisconsin Department of Transportation.
Wisconsin law requires certain motor vehicle crashes to be reported. The requirements depend on whether someone was injured, the amount of property damage, and whether government property was damaged.
If you have been involved in a car accident in Wisconsin, here are four important requirements for reporting the crash, followed by when you may want to consider contacting a car accident lawyer.
1. Know When To Report a Car Accident
Not every minor collision has the same reporting requirements. Under Wisconsin law, a crash must be reported when it results in:
- Injury or death of a person
- $1,000 or more in damage to any one person’s vehicle or property
- $200 or more in damage to state or other government-owned property, other than a government-owned vehicle
These are the reporting thresholds identified by the Wisconsin Department of Transportation (WisDOT) and Wisconsin Statute § 346.70.
If you are unsure whether the damage meets the reporting threshold, it is important not to rely only on your initial estimate. Vehicle damage is not always obvious immediately after a car accident, and repair costs can be higher than they appear at the scene.
If you are involved in a crash involving an injury, you should seek medical attention and notify law enforcement.
2. Report the Accident to Law Enforcement When Required
If a crash is reportable, you should notify the appropriate law enforcement agency.
Depending on the circumstances, law enforcement may respond to the scene and complete the crash report. If law enforcement investigates and files the report, you generally will not need to file the Wisconsin Driver Report of Crash yourself.
However, calling law enforcement does not necessarily mean that an officer will complete a report for you. If law enforcement does not file the report, you may need to complete a Wisconsin Driver Report of Crash, also known as form DT4002.
WisDOT specifically advises drivers to complete the Driver Report of Crash if law enforcement does not file the report for a reportable crash.
What if the other driver says you don’t need to report the accident?
It is important to remember that your legal reporting obligations do not depend on what another driver wants to do.
A driver may suggest handling the damage privately or may tell you that reporting the accident is unnecessary. However, if the crash meets Wisconsin’s reporting requirements, you should follow the applicable reporting rules.
You should also notify your insurance company as appropriate under your policy.
3. Gather the Information You Need
If you need to complete a Wisconsin Driver Report of Crash, you will need information about the accident, yourself, your vehicle, and your insurance.
WisDOT identifies several pieces of information you should have available, including:
- Your driver’s license number
- Your vehicle identification number (VIN)
- Your Social Security number
- Your vehicle insurance information
It is also a good idea to collect information at the scene of the accident, when it is safe to do so.
Try to obtain:
- The other driver’s name and contact information
- The other driver’s driver’s license information
- The other driver’s insurance information
- Vehicle make, model and license plate information
- Names and contact information for witnesses
- Photos or videos of the vehicles and accident scene
- Photos of traffic signs, road conditions and visible damage
- The location, date and approximate time of the accident
If you are injured, do not put yourself at risk to collect information or photographs. Your safety should come first.
4. Complete the Wisconsin Driver Report of Crash When Required
If law enforcement does not file a report for a reportable crash, you may need to submit a Wisconsin Driver Report of Crash.
WisDOT currently provides the Driver Report of Crash, DT4002, through its crash reporting system. The department also states that if you receive a letter requesting that you complete a crash report, you are required to do so.
Wisconsin law generally requires the written report to be submitted within 10 days after a reportable accident when a law enforcement agency has not made the required report.
When completing the report, provide accurate information about what happened. Keep a copy of any report you submit and retain your other accident-related records.
WisDOT also warns that its online crash-report application can time out after 30 minutes of inactivity. If you are preparing a detailed narrative, WisDOT recommends writing it separately first so that you do not lose your work.
Consider Contacting a Personal Injury Lawyer
A personal injury lawyer can help you understand the claims process, deal with insurance companies and determine whether you may have a claim for compensation.
Consider contacting Bykhovsky Law if your accident involved:
- Significant or ongoing injuries
- Medical expenses or lost income
- Disputed responsibility for the accident
- An insurance company that is disputing your claim
- Multiple vehicles
- Serious or complicated circumstances
At Bykhovsky Law, we represent people injured in car accidents throughout Wisconsin.
Contact Bykhovsky Law for a free consultation. You can discuss your accident with an attorney and learn more about your legal options.
HABLAMOS ESPAÑOL.
* This article is intended for general informational purposes and does not constitute legal advice. Laws and legal requirements can change, and the specific facts of your situation may affect your legal rights.
