Wisconsin car insurance rates

Wisconsin's mandatory policy must meet the limits in Wis. Stat. 344.33(2): $25,000 for one person's bodily injury or death, $50,000 for two or more people, and $10,000 for property of others in one accident (applied to everyday driving by 344.62 and 344.61(2)(c)). Every such policy must also include uninsured motorist coverage of at least $25,000/$50,000 and $1,000 of medical payments (632.32(4)), though the named insured may reject the medical payments part.

Underinsured motorist coverage is only an offer, fault is shared under a modified comparative negligence rule, and an SR22 certificate is filed for three years after certain revocations or suspensions.

Mandatory coverages in chapters 344 and 632

Under 344.65, operating without the required policy can bring a forfeiture of up to $500, and failing to carry proof in the vehicle a $10 forfeiture. A driver charged with the proof violation is not convicted if they show they were insured when the citation was issued.

Underinsured motorist: a one-time notice, not a requirement

Section 632.32(4m) does not make underinsured motorist coverage mandatory. For policies taking effect after November 1, 2011 that do not already include it, the insurer must give one named insured a single written notice that the coverage is available, with a brief description, when the policy is delivered. Acceptance or rejection does not have to be in writing; paying no premium for it is conclusive proof the coverage was rejected, and that rejection applies to everyone on the policy and to renewals unless an insured later asks in writing. The Office of the Commissioner of Insurance consumer guide states it plainly: underinsured motorist coverage is not mandatory. The trade-offs are covered in uninsured and underinsured motorist coverage.

Shared fault under Wis. Stat. 895.045

Wisconsin is not a no-fault state. Under 895.045(1), a person's own negligence does not bar recovery if it was not greater than the negligence of the person sued, but damages are reduced in proportion to the negligence assigned to the person recovering. The OCI guide puts the practical result this way: you are barred from recovery if your negligence is greater than the other party's.

SR22 filings with Wisconsin DMV

WisDOT defines proof of insurance, under Wis. Stat. 344.01(2)(d), as an SR22 certificate on file showing liability limits of at least $25,000, $50,000 and $10,000. It is obtained from an insurer licensed in Wisconsin. DMV lists four situations that call for it: getting an occupational license during a suspension or revocation, reinstating after a revocation, reinstating after a damage-judgment or safety responsibility suspension, and a driver under 18 filing in place of a sponsor.

• Duration: three years from the date you are eligible to reinstate.
• Exception: no SR22 is needed after a revocation if the only reason was a first-offense OWI or non-compliance with a driver safety plan or interview.
• Electronic filings usually post to the driver record within one to two working days; a summary or general proof of insurance is not accepted in place of the certificate.
• Substitutes can include a bond from an insurer or a $60,000 cash deposit with DMV.
• A driver who wants to stop carrying the SR22 during the three years can surrender the license to DMV before cancelling the policy, which DMV says avoids additional fees.

See SR-22 insurance explained for how the filing works with an insurer.

Payment deadline and claim practice rules

Wis. Stat. 628.46(1) requires prompt payment. A claim is overdue if not paid within 30 days after the insurer receives written notice of the fact of a covered loss and its amount, and partial amounts supported by notice follow the same 30-day clock. Overdue payments bear simple interest at 7.5% a year. A payment is not overdue where the insurer has reasonable proof it is not responsible.

Wis. Admin. Code Ins 6.11(3)(a) lists unfair claim settlement practices when done often enough to be a general business practice, including failing to acknowledge claim communications promptly and failing to start and finish an investigation with reasonable dispatch. That rule sets no specific day count.

Cancellation notices and the Wisconsin Automobile Insurance Plan

According to the OCI guide (citing Wis. Stat. 631.36), a new policy can be cancelled within its first 59 days; after that, midterm cancellation is limited to nonpayment or a substantial change in the risk. No cancellation takes effect until at least 10 days after the written notice is mailed or delivered. A nonrenewal requires at least 60 days' notice with the reason and information on applying to the Wisconsin Automobile Insurance Plan (WAIP).

WAIP, created by state law, places drivers who cannot get coverage through usual market sources with a licensed insurer that issues the policy. Any licensed property and casualty agent can submit the application. The OCI notes plan rates will usually be somewhat higher than voluntary-market rates and suggests continuing to shop while on the plan. WAIP's contact listed in the guide is 800-827-5964.

OCI complaint route

The Office of the Commissioner of Insurance asks consumers to take the problem to the company or agent first. If that fails, its Consumer Affairs staff can be reached at 1-800-236-8517 or by email at ocicomplaints@wisconsin.gov, and complaints can be filed online or on a mailed form in English or Spanish.

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