Denied Car Insurance Claim Due To An Accident
Reader’s Question:
I was involved in an accident here in Wisconsin. I know that it was not my fault. I am having a hard time getting my claim because the other motorist’s agent says I am partly to be blamed about the accident. Can they deny my car insurance claim just like that?
Nancy
Madison, WI
The other motorist’s agent may be basing his or her statement on the comparative negligence law. The State of Wisconsin has chosen to adopt this law that affirms that responsibility is frequently shared in an event of a car accident. This means that one party is not necessarily at fault and the other wholly blameless. Determining the relative percentages of fault by the involved parties is made by examining the situation surrounding the accident. This is done by the car insurance company’s adjuster. The percentage of negligence by each party determines the compensation given by the car insurance company. This means that the first party may recover damages from the second party, provided that the first party’s negligence is not greater that the second party’s.
Here in Wisconsin, the Proportional Comparative Fault at 51% law is observed. It means that you are barred from filing a liability claim if you were more than 51% responsible for the accident. You also cannot file a lawsuit against another driver’s negligence if this is the case. You and the claims adjuster will work out what your allocated fault is.
It is advisable to get advice from an experienced personal injury attorney. He or she will be familiar on how to assess the accident. A personal injury attorney can also advocate on the lowest percentage of negligence on your behalf. This is where Personal Injury Protection insurance comes in handy. You can file a claim for medical expenses and lost income to your own car insurer provided that your claim is within the limits stated in your coverage without any discussion on who was responsible for the accident.