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Wisconsin’s Direct Action Statute

Wisconsin has a “direct action” statute, which means unlike many other states in our country, a person injured in an accident is allowed to directly sue the insurance company along with the driver or owner of the vehicle that caused the crash.

sec. 632.24 Direct action against insurer. “Any bond or policy of insurance covering liability to others for negligence makes the insurer liable, up to the amounts stated in the bond or policy, to the persons entitled to recover against the insured for the death of any person or for injury to persons or property, irrespective of whether the liability is presently established or is contingent and to become fixed or certain by final judgment against the insured.”

This law is unique. Wisconsin’s “Direct Action Statute,” basically states that any insurer who covers negligent behavior on the part of the insured is liable for damages.  Another way of putting it is, if you are injured by a negligent driver, you can sue their insurance company, as well as the person who caused the accident. Both are sued.

In states that do not have a direct action statute, you are only allowed under the law to sue the person who caused your accident and not the insurance company directly.

If you were in an accident and injured as a result of a negligent driver, and have questions on Wisconsin’s direct action statute and whether to sue the driver or the insurance company or both, contact Karp & Iancu, S.C. today. We are experienced in personal injury matters, having practiced law in this area for over 34 years.

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Milwaukee/Tosa – 933 N Mayfair Rd, Suite 300, Milwaukee, WI 53226

Fox Point – 8651 N. Port Washington Rd. Suite A, Fox Point, WI 53217

Downtown Milwaukee – 1433 N Water St, Floor 4 – Suite 428, Milwaukee, WI 53202

Menomonee Falls – 11414 W Park Pl – Suite 202, Milwaukee, WI 53224

Brookfield – 200 S. Executive Drive, Suite 101, Brookfield, WI 53005

Waukesha – N19 W24400 Riverwood Dr Suite 350, Waukesha, WI 53188

Kenosha – 1213 55th Street Suite 101 Kenosha, WI 53140

Appleton – 5497 W Waterford Ln Suite E Appleton, WI 54913

West Bend18 E Washington St. Suite B West Bend, WI 53090

Madison – 811 E Washington Ave. Suite 418, Madison, WI 53703

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