Wisconsin is not a no-fault car insurance state. The state’s car accident victims need to establish fault after an accident. They can then file an insurance claim with the at-fault party’s insurance company to financially recover from their accident-related losses.
In other words, Wisconsin relies on a tort system, which means fault matters when determining who may be financially responsible after a collision.
Our Wisconsin car accident lawyers can break down the logistics of the tort system if you have questions about how it may impact your recovery.
Make “One Call…That’s All!” to discuss your right to car accident compensation with an experienced legal professional. Our team makes it easier to understand your right to recover and can represent you in conversations with insurance adjusters, liable parties, and legal professionals.
What Is an At-Fault Insurance State?
Wisconsin’s at-fault insurance system is not unique to the state. In fact, many states use an at-fault insurance system to ensure that victims of accidents have the right to demand compensation for avoidable losses.
This system requires that one or more people be found liable for an accident, after which a victim can file for accident damages with that party’s insurance provider. The compensation available can vary depending on how the accident happened, the insurance coverage involved, and the losses caused by another party’s negligence.
For a free legal consultation, call (414) 276-6666
How to Establish Fault After a Car Accident
If you want to establish fault for a car accident, you need to bring forward evidence indicating that one or more parties owed you a duty of care at the time of your collision. You then need to argue that those parties engaged in avoidable negligence, resulting in a breach of the duty of care that they owed you.
You must then submit evidence that you sustained economic losses as a result of a liable party’s negligence.
The evidence you use to make your case can include:
- Photos from before, during, or after your accident
- Video footage of your accident
- Electronic data from cellphones or the vehicles involved in an accident
- Police reports
- Medical records
- Witness statements
- Expert witness testimony
- Environmental damage and physical debris
You can work with a Wisconsin personal injury lawyer to compile this evidence into a narrative of negligence. We can then submit our findings to insurance companies as a claim, allowing you to request compensation based on the cost of your recovery.
Comparative Negligence in At-Fault States
Wisconsin operates on a modified comparative negligence rule, meaning that so long as you are less than 51% responsible for a collision, you can recover loss-based damages. That said, the settlement you recover when filing for accident support can lose value based on the percentage of fault you contributed to a collision.
If the other party involved in your accident successfully argues that you’re responsible for 20% of an accident, but you stand to recover $100,000 in damages, that final settlement may actually come out to $80,000, as insurers reduce your settlement by 20%.
Click to contact our personal injury lawyers today
How to Protect Yourself After a Car Accident in Wisconsin
If you want to preserve your right to fair compensation after a car accident in Wisconsin, we encourage you to get in touch with an experienced legal professional as soon as you can after your collision.
Connecting with an attorney doesn’t obligate you to sue the party responsible for your losses. Instead, our support makes it easier to communicate with insurance companies and understand why Wisconsin isn’t a no-fault car insurance state. We are here to help you maximize your accident damages and financially recover from your losses.
If you choose to work with us, we can file an insurance claim on your behalf. We can alternatively help you take legal action against drivers or other liable parties without reasonable insurance coverage. Filing a personal injury lawsuit won’t require you to go to trial, but it allows you to do so if you can’t negotiate for a fair settlement.
We Work on Contingency
You don’t have to worry about legal fees when you connect with our lawyers. We work on contingency. We don’t ask for up-front payments, nor do we require a deposit or retainer before we take your case. Instead, we only collect a fee if we recover compensation for you.
Complete a Free Case Evaluation form now
Our Milwaukee Car Accident Lawyers Want to Work With You
Wisconsin is not a no-fault car insurance state. If you want to financially recover after a collision with another party or any liable party, you need to prove that their negligence played a direct role in your collision. This is easier to do when you have experienced legal professionals on your side.
Fortunately, our team has over 40 years of experience working in Milwaukee and other Wisconsin communities. We know how to interpret the law and explain your right to comprehensive financial compensation.
You can make “One Call…That’s All!” and arrange a free case consultation with attorneys who will put your needs first.
Call or text (414) 276-6666 or complete a Free Case Evaluation form
