Victim of a Hit-and-Run in Madison?
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Key Takeaways
- Call 911 immediately and give the dispatcher every detail you remember about the fleeing vehicle — the sooner police begin searching, the more likely they are to identify the driver.
- Under Wis. Stat. § 893.54, you have three years to file a personal injury lawsuit, but you should notify your own insurance company promptly because your uninsured motorist (UM) coverage may be your primary compensation source if the driver is never found.
- Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045) applies if the driver is found — you can recover as long as your fault is less than 51%.
- Leaving the scene of an injury accident is a Class H felony under Wis. Stat. § 346.67 (up to 6 years in prison), escalating to a Class D felony carrying up to 25 years if someone died — Madison Police, the Dane County Sheriff, and the State Patrol actively investigate these cases.
- Wisconsin insurers are required to offer uninsured motorist (UM) coverage under Wis. Stat. § 632.32, which pays for medical expenses, lost wages, and pain and suffering up to your policy limits — but treat your own insurer’s claims process with caution and keep statements brief and factual.
- Most personal injury attorneys work on contingency with free consultations and can navigate the parallel UM claim, criminal investigation, and potential civil claim if the driver is later identified.
Call 911 immediately
If a driver struck you or your vehicle and fled, call 911 right away. You need medical attention assessed, and you need police searching for the fleeing driver while the trail is fresh.
Give the dispatcher everything you remember: the direction the vehicle fled, any description (color, make, model, size), any partial license plate, and any driver description. The sooner police begin searching, the more likely they are to find the vehicle.
Under Wis. Stat. § 346.67, leaving the scene of an injury accident is a felony in Wisconsin. If the accident caused death, it’s a Class D felony with up to 25 years in prison. Police take these cases seriously.
Get medical attention
Even if you feel okay, get evaluated. Hit-and-run victims often experience adrenaline masking injuries, compounded by the shock of being struck and abandoned.
For serious injuries, go to UW Hospital and Clinics (Level I Trauma Center) or SSM Health St. Mary’s Hospital (Level II Trauma Center at 700 S. Brooks Street). For less severe injuries, UnityPoint Health-Meriter or Dane County urgent care clinics can help.
Prompt treatment creates documentation for your claim — whether against the driver (if found) or through your own insurance.
Document everything you can remember
While details are fresh, write down everything about the fleeing vehicle: color, make, model, body style, approximate year, damage, direction of travel, distinguishing features (stickers, markings, custom parts), and any partial plate.
Check for nearby surveillance cameras — businesses along East Washington Avenue, the Capitol Square, State Street, and near UW-Madison campus often have cameras. Ask nearby businesses about dashcam or parking lot footage.
Get witness names and phone numbers. Photograph the scene: your vehicle damage, road conditions, intersection, skid marks, debris, and injuries.
File a police report — this is essential
If police responded, they’ll create a report. If not, file one at the Madison Police Department: non-emergency line (608) 255-2345, main office at 211 S. Carroll Street, Madison, WI 53703.
The report initiates the investigation, documents the incident for insurance, and creates the official record you need. Follow up with the investigating officer regularly and provide any additional information.
Notify your own insurance company
This is critical. Your own policy may be your primary compensation source if the driver isn’t found.
Uninsured motorist (UM) coverage is designed for exactly this situation — when the at-fault driver is uninsured or can’t be identified. Wisconsin insurers are required to offer UM coverage (Wis. Stat. § 632.32), though policyholders can decline it in writing. UM coverage pays for medical expenses, lost wages, and pain and suffering up to your policy limits.
Contact your insurer promptly with the police report number. Don’t accept a quick settlement without understanding the full extent of your injuries. Collision coverage can help with vehicle damage minus your deductible.
Understand your legal options
If the driver is found: You pursue a personal injury claim against them, just like any other at-fault accident. They also face criminal charges.
If the driver is not found: Your UM coverage is your primary remedy. An attorney can help maximize your claim against your own UM policy.
Statute of limitations: Under Wis. Stat. § 893.54, you have three years to file a personal injury lawsuit. Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045) applies if the driver is found.
Help police find the driver
Actively assist the investigation: check the area for surveillance cameras (businesses, traffic cameras, ATMs), post on local community forums asking if anyone witnessed it (without discussing your injuries or legal claim publicly), ask nearby businesses about footage, and check with WisDOT for traffic camera footage near the Beltline, I-90/94, or other state highways.
Vehicle debris at the scene (broken headlight, mirror, paint transfer) can help investigators identify the make and model.
Consult a personal injury attorney
Hit-and-run cases involve claims against your own insurer, parallel criminal investigations, and the possibility the driver surfaces later. An experienced attorney can navigate your UM claim, coordinate with law enforcement, pursue the driver if identified, and maximize compensation from all available sources.
Most work on contingency — you pay nothing unless they recover for you.