Hit and Run Accident in Madison: What to Do Next

Your first priority after a hit and run is safety. Move out of traffic if you can do so without worsening any injuries. Call 911 immediately. Tell the dispatcher that the other driver fled the scene. Give them whatever details you have — the direction the vehicle went, the make, model, color, and any part of the license plate number you remember. Even a partial plate number can help police identify the vehicle.

Even if your injuries feel minor, request medical attention. Adrenaline masks pain. Injuries like whiplash, concussions, and internal bleeding may not produce symptoms for hours or days. The 911 call creates a timestamped official record that your accident happened and that you reported it immediately — this matters when you file your insurance claim.

If you are physically able, stay at the scene until police arrive. Madison Police Department will respond to hit and run calls involving injuries. For property-damage-only hit and runs where police may not respond to the scene, you can file a report by calling the non-emergency number at 608-255-2345 or visiting a Madison Police district station in person.

Evidence at a hit and run scene disappears fast. Start documenting immediately while you wait for police. Use your phone to photograph damage to your vehicle, skid marks, debris, broken glass, paint transfer on your vehicle, and the surrounding area. Take wide shots that show the intersection or road layout, and close-ups of specific damage. Paint transfer evidence is especially valuable — the color and type can help identify the other vehicle.

Look for surveillance cameras. Gas stations, ATMs, banks, apartment buildings, and retail stores near the scene may have cameras that captured the fleeing vehicle. Madison has an extensive network of city-owned traffic cameras as well. Note every potential camera location — your attorney or the police can request footage before it is overwritten, which typically happens within 7–30 days depending on the business.

Talk to witnesses. Other drivers, pedestrians, and nearby business employees may have seen the vehicle or the collision. Get names and phone numbers. Ask if anyone got a photo or video — in Madison's dense urban areas, especially near the Capitol Square, State Street, and University Avenue, there are often bystanders who captured something on their phones. Witness statements can identify the vehicle and confirm you were not at fault.

A police report is not legally required to file an insurance claim in Wisconsin, but it is practically essential for hit and run cases. The report creates an official record of the accident, documents available evidence, and triggers a police investigation that may identify the other driver.

If Madison Police officers respond to the scene, they will take your statement and create a report. If police do not respond, file a report as soon as possible by calling 608-255-2345 or visiting a district station. Under Wisconsin law (Wis. Stat. § 346.70), you must report an accident to law enforcement if it results in injury, death, or property damage exceeding $1,000. You must also file a report with the Wisconsin DMV within 10 days if total damage exceeds $1,000 or anyone is injured.

Request a copy of your police report. You will need the report number for your insurance claim. If the police investigation identifies the other driver, your case shifts from a UM claim to a standard liability claim against the at-fault driver — and the hit and run charge strengthens your civil case because leaving the scene is powerful evidence of fault.

When the hit and run driver is never found, your uninsured motorist (UM) coverage steps in. Wisconsin law (Wis. Stat. § 632.32) requires every auto insurance policy to include UM coverage unless the insured specifically rejects it in writing. If you carry UM coverage, it pays for your medical bills, lost wages, and pain and suffering up to your policy limits — as if you had a claim against the other driver's liability policy.

About 13.3% of Wisconsin drivers carry no insurance at all. Even when a hit and run driver is identified, they frequently turn out to be uninsured or underinsured. UM coverage protects you in both scenarios. File your UM claim promptly. Your insurance company will investigate the accident, review your police report, and evaluate your injuries before making a settlement offer.

Be aware that your own insurance company is not on your side in a UM claim. They owe you coverage under your policy, but their financial interest is to pay as little as possible. Document everything — medical records, bills, lost wages, pain journal — and do not accept the first settlement offer without understanding the full value of your claim. Wisconsin law also allows you to stack UM coverage across multiple vehicles on your policy, potentially increasing your available coverage.

Wisconsin takes hit and run offenses seriously. The law is codified across several statutes (Wis. Stat. § 346.67 through § 346.70) and imposes escalating penalties based on the severity of the accident. Every driver involved in an accident must stop immediately, exchange information, render reasonable assistance to injured persons, and report the accident if required.

For accidents involving only property damage, leaving the scene is a misdemeanor with a minimum $300 fine and up to 6 months in jail. If the accident causes injury, leaving the scene is a felony carrying up to 9 months in prison and a $10,000 fine. If the accident causes great bodily harm, the charge rises to a Class E felony (up to 15 years in prison and $50,000 fine). If the accident causes death, the driver faces a Class D felony — up to 25 years in prison and $100,000 fine. These are serious charges that carry real prison time.

As the victim, you have the right to be notified of the criminal proceedings through the Dane County District Attorney's office and to submit a victim impact statement. While the criminal case does not directly compensate you financially, a conviction strengthens your civil claim. A guilty plea or conviction can prevent the defendant from denying fault in your injury lawsuit, and it demonstrates to a jury that the driver knowingly fled after hurting you.

Madison Police investigate hit and run cases, and drivers are identified more often than victims expect — through surveillance camera footage, license plate reader technology, witness tips, paint transfer analysis, or the driver's own vehicle damage leading to a body shop tip. Madison PD also uses the city's traffic camera network and Dane County 911 records to trace vehicles.

Once the driver is identified, you file a liability claim against their auto insurance (if they have it). The hit and run itself is powerful evidence of negligence and consciousness of guilt. A driver who fled the scene will have extreme difficulty arguing they were not at fault. If the driver is uninsured, you can pursue a civil lawsuit against them personally while continuing to use your UM coverage as a backstop.

Wisconsin's comparative negligence system (Wis. Stat. § 895.045) still applies. If you are found partially at fault, your damages are reduced by your fault percentage. If you are more than 50% at fault, you recover nothing. In hit and run cases, the fleeing driver almost always bears the majority of fault — the act of leaving the scene itself demonstrates irresponsibility and is powerful evidence against them.

Wisconsin's statute of limitations for personal injury claims is 3 years from the date of injury (Wis. Stat. § 893.54). This deadline applies whether the hit and run driver is identified or not. For wrongful death claims, the deadline is also 3 years from the date of death (Wis. Stat. § 893.54(2)). These deadlines are absolute — miss them by even one day, and your claim is permanently barred.

For your insurance claim, check your UM policy for notice and filing deadlines — most policies require prompt notice and cooperation with the investigation. Do not assume the 3-year statute of limitations gives you time to wait. Evidence disappears, witnesses forget details, and surveillance footage gets overwritten quickly. The strongest hit and run claims are the ones that start building their evidence file on day one.

Want to understand your options after a hit and run accident in Madison? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including whether UM coverage, comparative fault, or other factors apply — and connect you with a Madison personal injury attorney experienced in hit and run cases.

A hit and run is disorienting and unfair. Someone hurt you and left. Wisconsin law gives you multiple paths to compensation — through your own insurance, through the at-fault driver if they are found, and through the civil courts. Start with the Injury Claim Check. It is free, confidential, and takes less time than waiting on hold with your insurance company.