What Happens If You’re Hit by an Uninsured Driver in Wisconsin?

In Wisconsin, an uninsured accident can create issues for both sides of the crash.

The injured driver may need to rely on their own insurance coverage, pursue damages from the at-fault driver, or use Wisconsin’s Safety Responsibility process.

The uninsured driver may face driver-license and vehicle-registration consequences if they are found responsible for damages and do not satisfy the requirements imposed by the Wisconsin Department of Transportation.

The first thing to understand is that the other driver being uninsured does not mean you automatically have no options.

Your own policy, the facts of the accident, the type of damages involved and Wisconsin’s uninsured-motorist procedures can all affect what happens next.

What Should You Do Immediately After an Accident With an Uninsured Driver?

Treat the crash the same way you would any other accident at first.

Your immediate priorities should be safety, documentation and accurate information.

If possible:

• Move to a safe location
• Call law enforcement when appropriate
• Exchange identification and vehicle information
• Photograph the vehicles and accident scene
• Get names and contact information from witnesses
• Record the other driver’s license plate
• Note the other driver’s insurance information—or lack of it
• Seek medical attention when necessary
• Notify your insurance company promptly

Do not assume that another driver is uninsured simply because they cannot immediately produce an insurance card.

Likewise, do not rely only on a statement such as:

“I don’t have insurance.”

Let your insurer and the appropriate authorities determine the actual insurance status.

What Does “Uninsured Driver” Mean?

An uninsured motorist generally means a driver who does not have applicable liability insurance for the accident.

That can happen for several reasons.

The driver may:

• Never have purchased insurance
• Have allowed a policy to lapse
• Have missed required payments
• Have canceled insurance before the accident
• Be driving a vehicle without applicable coverage
• Have a policy that was no longer active on the crash date

This is different from an underinsured driver.

An underinsured driver has insurance, but the available liability limits may not be enough to cover all of the damages caused by the accident.

The distinction matters because different insurance coverages and procedures may apply.

Is Uninsured Motorist Coverage Required in Wisconsin?

Wisconsin automobile policies are required to include uninsured-motorist bodily-injury protection at minimum limits established by state law.

Wisconsin insurance law requires at least:

• $25,000 per person
• $50,000 per accident

in uninsured-motorist bodily-injury coverage on qualifying automobile liability policies issued or renewed in Wisconsin.

That coverage is designed to help protect insured people who suffer bodily injury or death caused by an uninsured motorist.

However, the exact protection available after a crash depends on your individual policy.

Do not assume every type of damage is automatically covered just because your policy includes uninsured-motorist protection.

Review the policy and discuss the claim with your insurer.

Does Uninsured Motorist Coverage Pay for Damage to Your Car?

Not necessarily.

Wisconsin’s mandatory uninsured-motorist coverage applies to bodily injury, not automatically to every type of property damage.

Damage to your own vehicle may instead depend on coverage such as collision, depending on your policy and the circumstances.

For example:

You are stopped at a red light.

An uninsured driver rear-ends your vehicle.

You suffer a shoulder injury and the rear bumper is badly damaged.

Different portions of your policy may potentially address:

• Your bodily injury
• Damage to the vehicle
• Medical expenses
• Other covered losses

The exact coverage will depend on the policy you purchased.

That is why you should contact your insurer rather than assuming that “uninsured motorist coverage” means every loss from the crash is handled under one coverage.

What If You Don’t Have Collision Coverage?

If you do not carry collision coverage and the uninsured driver damages your vehicle, recovering the property damage can become more complicated.

You may need to pursue the responsible driver directly.

Wisconsin’s Safety Responsibility Law also provides a process related to damages caused by uninsured motorists.

WisDOT explains that the law is designed to protect people who suffer damages in crashes caused by uninsured drivers and can impose driver-license and vehicle-registration sanctions on uninsured motorists who fail to satisfy damages they may be responsible for.

That does not guarantee that every damaged vehicle will immediately be paid for.

But it does mean Wisconsin has a formal process for certain uninsured-accident situations.

What Is Wisconsin’s Safety Responsibility Law?

Wisconsin’s Safety Responsibility Law applies to owners and operators of motor vehicles involved in certain reportable crashes.

The law serves two important purposes:

1. Encourage motorists to carry liability insurance or otherwise satisfy accident damages.
2. Impose licensing and vehicle-registration consequences on uninsured motorists who fail to satisfy damages they may be responsible for.

WisDOT specifically states that the law protects people who suffer damages in crashes caused by uninsured motorists.

This is different from simply receiving a traffic ticket for not having insurance.

The Safety Responsibility process is tied to an accident and unresolved damages.

Can You File a Case Against an Uninsured Motorist With WisDOT?

WisDOT provides a procedure for people who suffer qualifying damages from an uninsured motorist.

The agency identifies separate forms for:

• Motor vehicle damage
• Property damage
• Personal injury

WisDOT reviews submitted uninsured-motorist cases through its Uninsured Motorists Unit.

That process is not the same thing as filing an ordinary insurance claim.

It is a Wisconsin DMV process connected to the state’s Safety Responsibility Law.

If you are considering using it, follow WisDOT’s current instructions and required documentation carefully.

What Forms Does WisDOT Use for an Uninsured-Motorist Case?

WisDOT currently identifies forms for several types of damages, including:

• MV3658 — Evaluation of Motor Vehicle Damage
• MV3657 — Evaluation of Property Damage
• MV3656 — Evaluation of Personal Injury

The required forms depend on what was damaged or who was injured.

WisDOT’s current Safety Responsibility Law guidance explains how uninsured-motorist cases are submitted.

Because forms and procedures can change, use the current WisDOT versions rather than relying on an old form downloaded from another website.

Does Filing With WisDOT Mean You Automatically Get Paid?

No.

This is an important distinction.

The Safety Responsibility process can create consequences for an uninsured motorist who is determined to be responsible and does not satisfy the damages, but WisDOT is not simply acting as the other driver’s insurance company.

WisDOT reviews the submitted information and follows its administrative process.

The uninsured motorist may have ways to satisfy the requirement, such as resolving the damages or making an approved arrangement.

The process should therefore not be described as:

“WisDOT pays your accident claim.”

It does not work that way.

Your own insurance coverage and any claim you make with your insurer remain separate issues.

What Can Happen to the Uninsured Driver?

If an uninsured motorist is determined to be responsible for crash damages and does not meet Wisconsin’s Safety Responsibility requirements, the consequences can become serious.

WisDOT states that the uninsured driver may receive a Notice of Suspension explaining what must be done to prevent suspension.

If the person does not comply within the applicable time period, the driver’s license and/or vehicle registrations can be suspended. WisDOT currently states that the suspension can last for one year in qualifying cases.

That is one reason an uninsured accident can become much more serious than simply receiving a citation for not having proof of insurance.

For the other side of this issue—what happens when you are the driver who was uninsured—see our guide to driving without insurance in Wisconsin.

Can the Uninsured Driver Pay the Damages Instead?

Yes, Wisconsin’s process provides several ways an uninsured driver may address accident damages.

Depending on the situation, that may involve:

• Settling the damages
• Obtaining a release of liability
• Entering an installment agreement
• Providing an applicable security deposit
• Satisfying another WisDOT requirement

WisDOT specifically provides forms for release-of-liability and installment-payment arrangements.

This matters because license suspension is not necessarily the first and only outcome.

The uninsured driver may be able to resolve the financial obligation before the suspension takes effect.

What Is a Release of Liability?

A release of liability documents that the party who sustained damages has released the uninsured motorist from the applicable claim.

WisDOT provides Form MV3041 for this purpose.

WisDOT states that the releasing party—the person who suffered the damages—must sign the form, and the signature must be properly witnessed or notarized according to the form requirements.

If you’re the person who was hit, do not sign a release without understanding what rights you are giving up.

A release can affect your ability to pursue additional compensation later.

For serious injuries or disputed damages, consider obtaining appropriate legal advice before signing documents that permanently resolve a claim.

What Is an Installment Agreement?

An installment agreement allows accident damages to be paid over time when the involved parties agree to that arrangement.

WisDOT identifies Form MV3128 for installment agreements involving accident damages.

This can help an uninsured driver satisfy the Safety Responsibility requirement without paying the entire amount at once.

However, WisDOT warns that if the uninsured driver fails to make the required payments under the agreement, the driver’s license and/or vehicle registration can be suspended.

This is another important distinction between insurance and financial responsibility.

The uninsured driver may not have had a liability policy at the time of the crash, but Wisconsin still has mechanisms for requiring that person to address damages for which they are responsible.

What If the Uninsured Driver Says the Accident Wasn’t Their Fault?

Insurance status and fault are different questions.

A driver being uninsured does not automatically mean that person caused the crash.

For example:

Driver A has no insurance.

Driver B has full coverage.

Driver B runs a red light and hits Driver A.

The fact that Driver A lacks insurance does not automatically make Driver A responsible for the collision.

Fault still depends on what actually happened.

WisDOT’s Safety Responsibility process includes procedures for reviewing responsibility, and an uninsured motorist can request a hearing in appropriate circumstances.

Do not assume:

uninsured = automatically at fault.

They are separate issues.

Should You Still File a Claim With Your Own Insurance Company?

Usually, notify your insurer promptly after the accident.

Your insurance company can review:

• Your policy
• Applicable uninsured-motorist coverage
• Collision coverage
• Medical-payment coverage, if applicable
• Damage documentation
• Accident information
• Other available coverage

Waiting too long to report an accident can create unnecessary problems.

Your policy may contain duties requiring timely notice and cooperation.

Even if you expect the uninsured driver to pay personally, reporting the accident can preserve options under your own coverage.

What Happens If Your Insurance Company Pays Your Claim?

Depending on the coverage involved, your insurer may pay an eligible claim and later attempt to recover money from the responsible party.

This process is commonly known as subrogation.

In simple terms:

1. You have applicable coverage.
2. Your insurer pays a covered loss.
3. Another party may be legally responsible.
4. Your insurer may pursue that party for reimbursement.

Whether subrogation occurs depends on the facts and coverage.

If the other driver has no insurance, recovery can be more difficult, but lack of insurance does not necessarily eliminate the responsible person’s financial liability.

Does Your Deductible Still Apply?

It can.

For example, if damage to your vehicle is handled through your collision coverage, the deductible shown on your policy may apply.

That means:

Vehicle repair: $6,000
Collision deductible: $500

Your insurer may pay the covered amount subject to the policy terms and deductible.

Whether the deductible can later be recovered depends on the circumstances and any successful recovery from the responsible party.

Do not assume that being hit by an uninsured driver automatically eliminates every deductible.

Check your specific policy.

What If the Uninsured Driver Has No Money?

This is one of the most difficult realities of uninsured accidents.

A person can be legally responsible for damages without having the financial ability to pay them immediately.

That is one reason uninsured-motorist protection and other first-party coverages can be important.

If the at-fault driver lacks insurance and has limited assets, personally recovering the full amount may be difficult.

Wisconsin’s Safety Responsibility system can create licensing and registration consequences and provide mechanisms such as installment agreements, but it does not make money appear where none exists.

The practical outcome depends heavily on:

• Your own coverage
• Severity of damages
• Driver’s financial situation
• Available settlement options
• Applicable legal remedies

What If You Were Injured?

If you suffer an injury, focus first on your health.

Seek appropriate medical care.

Keep records involving:

• Emergency treatment
• Doctor visits
• Prescriptions
• Physical therapy
• Lost work
• Medical bills
• Other accident-related expenses

Your uninsured-motorist bodily-injury coverage may become particularly important when the responsible driver does not have liability insurance.

Wisconsin requires minimum uninsured-motorist bodily-injury coverage of $25,000 per person and $50,000 per accident on qualifying auto policies.

Your own policy may have higher limits.

Review the declarations page rather than assuming you purchased only the minimum.

What If More Than One Person Was Injured?

Policy limits matter.

For example, a policy showing:

$100,000 / $300,000 uninsured-motorist coverage

generally means there is one limit per injured person and another maximum for all covered injuries arising from the accident, subject to the exact policy terms.

This is different from the cost of vehicle repairs.

Bodily-injury coverage is focused on injuries.

When several people are hurt in the same crash, available limits can become especially important.

Can You Sue an Uninsured Driver?

Potentially, depending on the circumstances.

Being uninsured does not remove a driver’s potential legal responsibility for causing an accident.

However, whether filing a lawsuit makes practical sense is a different question.

Issues can include:

• Fault
• Amount of damages
• Available evidence
• Statutes of limitation
• Driver’s assets
• Other available insurance
• Whether your insurer has already paid part of the claim

For substantial injuries or damages, consult a qualified Wisconsin attorney about legal options rather than relying only on general insurance information.

Insurance agencies can explain coverage, but they do not replace legal advice regarding liability claims or lawsuits.

What If the Other Driver Shows Insurance Later?

Do not assume the original information was final.

Sometimes a driver cannot produce insurance information at the scene but later provides proof that a policy was active on the accident date.

Other times, a policy existed but there is a dispute about whether coverage applies.

Give any new information to your insurer.

Your insurance company can investigate whether another carrier has applicable liability coverage.

This is another reason to avoid immediately signing private agreements at the accident scene.

Can an Uninsured Accident Affect Your Own Insurance Rates?

Possibly, but there is no universal answer.

The effect of an accident on future pricing can depend on:

• Fault
• Claim type
• Claim amount
• Your prior history
• Insurance company
• Other underwriting factors

Being struck by an uninsured driver does not automatically mean every Wisconsin insurer will apply the same rate increase.

If your premium later changes, ask the insurer what factors affected the renewal rather than assuming the uninsured-motorist claim was the only reason.

Why Wisconsin Requires Uninsured-Motorist Coverage

Uninsured-motorist coverage exists because not everyone follows insurance requirements.

A driver can do everything right:

• Maintain insurance
• Drive safely
• Follow traffic laws

and still be injured by someone who carries no liability insurance.

Without uninsured-motorist coverage, the injured person might have to rely entirely on the responsible driver’s ability to pay.

Wisconsin’s required uninsured-motorist bodily-injury protection creates an additional layer of protection for insured Wisconsin drivers.

Uninsured Motorist Coverage vs. Liability Insurance

These two coverages protect against different problems.

Coverage	Primary Purpose
Liability insurance	Pays covered damages you are legally responsible for causing to others
Uninsured-motorist bodily-injury coverage	Helps protect you for covered bodily injury caused by an uninsured motorist
Collision coverage	May cover physical damage to your vehicle after a collision, subject to policy terms and deductible

Understanding the distinction becomes especially important after an uninsured accident.

Liability insurance protects the other person from damage you cause.

Uninsured-motorist coverage helps protect you when the responsible driver has no applicable liability insurance.

What Happens to the Uninsured Driver After the Accident?

The driver’s next steps depend on what WisDOT determines and whether the damages are resolved.

Possible issues can include:

• A Safety Responsibility notice
• Payment of damages
• Settlement
• Installment agreement
• Release of liability
• Security requirements
• Driver-license suspension
• Vehicle-registration suspension
• Future proof-of-financial-responsibility requirements

This is where the accident can eventually lead into the SR-22 process.

However, an SR-22 should not be described as an automatic consequence of every uninsured accident.

The driver’s individual WisDOT requirements need to be checked.

If you were the uninsured driver rather than the person who was hit, our Driving Without Insurance in Wisconsin resource explains the insurance, licensing and SR-22 side of the situation in detail.

What Should You Document After an Uninsured Accident?

Good documentation can make the claims process easier.

Keep copies of:

Accident Information

• Police report
• Accident report number
• Photos
• Witness information
• Driver information
• License-plate information

Vehicle Damage

• Repair estimates
• Photos of damage
• Towing bills
• Storage bills
• Rental-car expenses

Injury Information

• Medical bills
• Treatment records
• Prescriptions
• Lost-work documentation
• Other accident-related expenses

Insurance Information

• Your declarations page
• Claim number
• Adjuster contact information
• Correspondence
• Coverage explanations

Organized documentation is useful whether the claim is handled through your own insurer, through the responsible driver, or through another process.

A Step-by-Step Checklist After an Uninsured Driver Hits You

Step 1: Protect Yourself at the Scene

Get to safety and obtain medical assistance when necessary.

Step 2: Document the Accident

Take photographs and gather driver, vehicle and witness information.

Step 3: Report the Crash as Required

Follow applicable Wisconsin accident-reporting and law-enforcement requirements.

Step 4: Notify Your Insurance Company

Tell the insurer that the other driver may be uninsured.

Step 5: Review Your Own Coverage

Look for:

• Uninsured-motorist coverage
• Collision
• Medical-related coverage
• Deductibles

Step 6: Verify the Other Driver’s Insurance Status

Allow your insurer or appropriate authorities to investigate.

Step 7: Evaluate the Damages

Document vehicle damage, injuries and related costs.

Step 8: Review Wisconsin’s Safety Responsibility Process

If the responsible driver is uninsured and qualifying damages remain unresolved, review WisDOT’s current uninsured-motorist procedures.

Step 9: Be Careful With Private Settlements

Understand any release or agreement before signing it.

Step 10: Get Professional Help When Necessary

For serious injuries, disputed fault or substantial damages, consider appropriate legal advice.

Frequently Asked Questions About Uninsured Drivers in Wisconsin

What happens if someone hits me and they have no insurance in Wisconsin?

Notify your insurer and review your own coverage. Wisconsin also has a Safety Responsibility process for qualifying crashes involving uninsured motorists. The at-fault uninsured driver may face licensing or vehicle-registration consequences if applicable damages are not resolved.

Does Wisconsin require uninsured-motorist coverage?

Yes. Qualifying Wisconsin automobile liability policies must include uninsured-motorist bodily-injury coverage of at least $25,000 per person and $50,000 per accident.

Will uninsured-motorist coverage fix my car?

Uninsured-motorist bodily-injury coverage focuses on injuries, not automatically on vehicle damage. Physical damage to your vehicle may depend on collision or other applicable coverage.

What if I don’t have collision coverage?

You may need to pursue the responsible driver for vehicle damage and investigate Wisconsin’s Safety Responsibility process. Your options depend on the accident and policy.

Can the uninsured driver lose their license?

Potentially. WisDOT states that an uninsured motorist who is found responsible for qualifying damages and fails to satisfy the applicable requirements can face driver-license and/or vehicle-registration suspension.

Does the uninsured driver automatically need SR-22?

Not necessarily. Whether an SR-22 becomes required depends on the driver’s specific WisDOT record and financial-responsibility requirements.

Can the driver make payments instead of paying everything at once?

WisDOT provides an installment-agreement process for certain accident damages when the parties agree and required documentation is completed.

Can I sue the uninsured driver?

Potentially, depending on fault, damages and other legal factors. For legal advice about an individual accident, consult a qualified Wisconsin attorney.

Should I call my insurance company even if the crash was not my fault?

Yes. Reporting the accident allows your insurer to review the coverage available under your policy and investigate the other driver’s insurance status.

What if the uninsured driver later proves they had insurance?

Provide the information to your insurer. A carrier can investigate whether the policy was active and applicable on the date of the crash.

Being Hit by an Uninsured Driver Does Not Mean You Have No Options

An uninsured accident can feel especially frustrating because the person who caused the damage may not have an insurance company available to pay the claim.

But that does not necessarily leave you without protection.

Your own policy may contain uninsured-motorist bodily-injury coverage, collision coverage or other benefits that apply. Wisconsin’s Safety Responsibility Law also provides a process involving qualifying damages caused by uninsured motorists.

The key is to keep the different issues separate:

Your insurance coverage determines what protection you purchased.

Fault determines who was responsible for the crash.

Wisconsin’s Safety Responsibility process can address unresolved damages involving an uninsured motorist.

And SR-22 may later become relevant to the uninsured driver’s financial-responsibility requirements—but it is not the victim’s primary concern after the crash.

If you were the driver who did not have insurance at the time of the accident, read our complete guide to driving without insurance in Wisconsin to understand how an uninsured accident can affect insurance requirements and driving privileges.