Wisconsin Statutes
Wis. Stat. § 893.12 (2026)
Advance payment of damages; limitation extended
✓ current as of July 2026
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893.12893.12 Advance payment of damages; limitation extended. The period fixed for the limitation for the commencement of actions, if a payment is made as described in s. 885.285 (1), shall be either the period of time remaining under the original statute of limitations or 3 years from the date of the last payment made under s. 885.285 (1), whichever is greater.
893.12 NoteJudicial Council Committee’s Note, 1979: This section is created to place the statute extending statute of limitations when there has been a settlement and advance payment of claim for damages into the subchapter of chapter 893 on extension of statute of limitations. The provisions of prior s. 885.285 (4) are contained without change in newly created s. 893.12. [Bill 326-A]
893.12 AnnotationAny payment made in advance or settlement of either personal injury or property damage claims, when the plaintiff has both, extends the limitation for a personal injury claim, if it is made within the three-year limit period of s. 893.54 (1). Abraham v. Milwaukee Mutual Insurance Co., 115 Wis. 2d 678, 341 N.W.2d 414 (Ct. App. 1983).
893.12 AnnotationThis section does not apply to foreign causes of action. Section 893.07 (1) prevents this section from extending foreign statutes of limitations. Thimm v. Automatic Sprinkler Corp. of America, 148 Wis. 2d 332, 434 N.W.2d 842 (Ct. App. 1988).
893.12 AnnotationThe tolling provision applies only to the party that received a settlement or advance payment under s. 885.285. It does not apply to a stranger to the settlement. Riley v. Doe, 152 Wis. 2d 766, 449 N.W.2d 83 (Ct. App. 1989).
893.12 AnnotationFor a period of limitations to be extended under this section as the result of a “payment” by check, the check must be accepted and negotiated. Parr v. Milwaukee Building & Construction Trades, 177 Wis. 2d 140, 501 N.W.2d 858 (Ct. App. 1993).
893.12 AnnotationTo be a payment under s. 885.285 that will toll or extend the statute of limitations, a payment must be related to fault or liability. Gurney v. Heritage Mutual Insurance Co., 188 Wis. 2d 68, 523 N.W.2d 193 (Ct. App. 1994).
893.12 AnnotationThe waiver by the defendant medical provider in a medical malpractice action of the copayment portion of the amount due for the plaintiff’s medical treatment did not constitute a payment under this section or s. 885.285. Young v. Aurora Medical Center of Washington County, Inc., 2004 WI App 71, 272 Wis. 2d 300, 679 N.W.2d 549, 03-0224.
Notes of Decisions
Cited in 15
cases, 1983–2018 · leading case: Wieting Funeral Home of Chilton, Inc. v. Meridian Mut. Ins., 2004 WI App 218 (Wis. Ct. App. 2004).
Wieting Funeral Home of Chilton, Inc. v. Meridian Mut. Ins., 2004 WI App 218 (Wis. Ct. App. 2004). “In particular, Wieting relies on Wis. Stat. § 893.12 , which provides: Advance payment of damages; limitation extended.”
Abraham v. Milwaukee Mut. Ins. Co., 341 N.W.2d 414 (Wis. Ct. App. 1983). “, extends the statute of limitations under sec. 893.12, Stats., 1 for a personal injury claim.”
Thimm v. Automatic Sprinkler Corp. of Am., 434 N.W.2d 842 (Wis. Ct. App. 1988). “, 4 and sec. 893.12, Stats., 5 interact with sec.”
Scott Ex Rel. Ricciardi v. First State Ins. Co., 456 N.W.2d 152 (Wis. 1990). “The court of appeals rejected Thimm's argument that sec. 893.12, Stats. 1987-88, extends the two-year Illinois period of limitation applicable under sec.”
Milwaukee Mut. Ins. v. Priewe, 348 N.W.2d 585 (Wis. Ct. App. 1984). “12 states: The period fixed for the limitation for the commencement of actions, if a payment is made as described in s.”
Bell v. Employers Mut. Cas. Co., 541 N.W.2d 824 (Wis. Ct. App. 1995). “We stated: *370 Because Thimm's suit is a foreign cause of action, § 893.12,STATS., does not apply. We look to the Illinois law alone for a statute extending limitations in event of a payment or settlement but find none.”
Riley v. Doe, 449 N.W.2d 83 (Wis. Ct. App. 1989). “285(3) provides that "[a]ny settlement or advance payment under sub. (1) shall be credited against any final settlement or judgment between the parties.”
Parr v. Milwaukee Bldg. & Constr. Trades, 501 N.W.2d 858 (Wis. Ct. App. 1993). “2 Parr contends that the three-year statute of *144 limitations should be extended because an uncashed check, given to her by The Hanover Insurance Company, Milwaukee Trade's insurer, constituted a "payment" under sec. 893.12, Stats., 3 which extends the time for bringing an…”
H.A. Freitag & Son, Inc. v. Bush, 447 N.W.2d 71 (Wis. Ct. App. 1989). “Section 893.12 provides as follows: Advanced payment of damages; limitation extended.”
Young v. Aurora Med. Ctr. of Washington Cnty., Inc., 2004 WI App 71 (Wis. Ct. App. 2004). “The Youngs argue that the trial court erred in dismissing their action because two statutes, Wis. Stat. §§ 893.12 and 655.44(4) (2001-02), 1 operate to extend and toll the three-year statute of limitations applicable to their claims.”
Sec. Health Plan of Wis. Inc. v. Am. Stand. Ins. Co. of Wis., 920 N.W.2d 340 (Wis. Ct. App. 2018). “This court framed the issue narrowly: "The sole issue on appeal is whether a payment made by Heritage Mutual to Pearl Gurney and her physician was a 'payment' within the meaning of § 893.12, Stats., which extends the statute of limitations in certain situations where payments…”
Blue Cross & Blue Shield United v. Heritage Mut. Ins., 523 N.W.2d 193 (Wis. Ct. App. 1994). “*70 The sole issue on appeal is whether a payment made by Heritage Mutual to Pearl Gurney and her physician was a "payment" within the meaning of § 893.12, Stats., which extends the statute of limitations in certain situations where payments are made to personal injury claimants.”
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