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Comparative Negligence and Wisconsin Car Accidents

For Wisconsin Car Accidents, how does Comparative Negligence work?

In a Wisconsin car accident, whoever is found to be negligent, or at fault, for the accident is the one who will be liable for any damages incurred by either the negligent party or the other party. Damages may be property damage or injuries suffered by you and anyone else who was involved in the car accident such as the other driver, passengers, pedestrians, etc. 

But what if both drivers are responsible for the accident? This situation calls into question the concept of comparative negligence. Comparative negligence in Wisconsin allows even those who are at fault to claim some of the insurance settlement in a Wisconsin car accident.

The 51 Percent Rule

Wisconsin’s comparative negligence rule is also referred to as the 51 percent rule. This means that if you are found to be responsible for 50% or less of an accident, you can try to recover damages. The amount you can recover will be based on the percentage of fault you had in the accident; if you were at fault for 25% of the accident, you can recover 75% of the cost of the damages incurred in a Wisconsin car accident.

If, however, you are found to be responsible for 51% or more of the accident, you are considered to be primarily responsible for the accident and you won’t be able to collect any damages related to the accident from the other party’s insurance provider.

Dealing With Insurance Providers

Drivers carry car insurance to protect them against financial loss if they are ever involved in a car accident. One of the first things you and the other driver will do is contact your insurance carrier to report the accident and file a claim so you can get reimbursed for damages and pay to have your car fixed. Unfortunately, it’s not always that easy or straightforward, especially when there are questions about fault for the accident.

Most insurance companies will work hard to prove that their policyholder was not at fault and the other party was more negligent. This makes the other party responsible for the accident and forces their insurer to cover damages. This blame game is a common tactic that is designed to limit the amount the insurer must pay out under the policy, but even if you aren’t negligent, you may still find yourself fighting the insurer for a fair payout. You may be offered a settlement that is too low in exchange for a quick payout or to avoid going to court.

Don’t fall for these schemes. The insurance company will have legal advisors and representatives trying to limit the company’s losses.  You should have legal representation as well to ensure you get a fair payout.

The Wisconsin car accident attorneys at Eisenberg Law Offices are here to help you obtain the insurance payout you are entitled to after a car accident. Our team is experienced with all of the scare tactics and delays that insurance companies use to try to limit payouts and will use our experience to fight for your right to damages, even if you are partially at fault for the accident.

Contact Eisenberg Law Offices at 608-256-8356 or to discuss your situation free of charge.



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.