Uninsured vs. Underinsured Motorist Coverage in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

Wisconsin requires uninsured motorist coverage and offers underinsured coverage by written notice. Your negligence bars recovery only if it is greater than the other party's, and injury actions generally must be filed within three years.

Uninsured

Wis. Stat. 632.32(2)(g) counts as uninsured a vehicle with no bodily injury liability policy in effect and no proof of financial responsibility, one whose insurer is declared insolvent, a phantom vehicle that meets the corroboration, 72-hour report and 30-day sworn statement rules, and an unidentified hit-and-run vehicle.

Underinsured

UIM is optional. We assumed the usual policy definition comparing the other driver's limits with yours. A policy may reduce your limit by amounts paid by or for the at-fault driver, so with $100,000 of UIM and $25,000 paid, you may be left with up to $75,000. We did not read the decisions on how courts treat reducing clauses beyond the statute.

Fault

Your negligence does not bar recovery if it is not greater than the negligence of the person you seek recovery from, and damages are diminished in proportion; it is measured separately against each person causally negligent (Wis. Stat. 895.045(1)). Wisconsin has no no-fault threshold for pain and suffering.

Deadlines

Injury to the person must be sued on within three years (Wis. Stat. 893.54). A person under 18 when the claim accrues may sue within two years after turning 18 (893.16).

Next steps

Stacking is a separate question; see our statute post and the explainer, then use the Wisconsin UM/UIM stacking calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.