Changes In Wisconsin’s Auto Accident Statute Of Limitations
Effective February 6, 2016, there are some major changes in Wisconsin regarding the Statute of Limitations affecting auto accident claims. The new statute of limitations applies to auto accidents occurring on or after Saturday February 6, 2016. The changes are as follows:
- Uninsured Motorist Claims (UM); Reduces the statute of limitations for UM claims from 6 years to 3 years from the date the cause of action accrues. See Wis. Stat. sec. 893.43(2).
- Underinsured Motorist Claims (UIM); Reduces the statute of limitations for UIM claims to 3 years from the date of accrual. The statute codifies the case law definition of accrual as the date of final resolution with the underlying tortfeasor. see. Wis. Stat. sec. 893.43(2).
- Wrongful Death- Arising from Auto Accident; Reduces the statute of limitations for wrongful death claims arising from an auto accident from 3 years to 2 years. See. Wis. Stat. sec. 893.54 (2m).
- Auto Property Damage. Reduces the statute of limitations on auto property damage claims from 6 years to 3 years. See. Wis. Stat. sec. 893.52 (2).
- Bodily Injury; This limitation remains unchanged (3 years), but the statute is now renumbered. See. Wis. Stat. sec. 893.54 (1m) (a), (formerly Wis. Stat. sec. 893.54 (1).
For more information you can read 2015 WISCONSIN ACT 133.
Negotiating the changes in Wisconsin pertaining to the statute of limitations on injury cases can be a minefield for the unsuspecting. It is best to consult with an experienced personal injury lawyer before proceeding. Contact one of our attorneys today.