Legal Question in Traffic Law in Wisconsin

Am i 100% at fault?

In Feb 05' I hit a piece of ice and went into the ditch where i hit an unoccupied car I assume hit the same piece.My 03' was totaled & her 00' was drivable and needed rear end work. Both were fixed for the same dollar amount. The state dmv decided I was 55% at fault and are holding a retainer of $2300. Her insurance company says I am 100% at fault and are taking me to court for $4300. I don't think I am 100% at fault. She was not on the road. She did not have flashers on. Someone said i should counter sue because my car wouldn't have been damaged if her car wasn't where it was supposed to be either. I'd even be ok with them keeping what I already paid but not any more. My court date is Feb 12.Any help would be appreciated.Thank you


Asked on 1/15/07, 8:57 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Am i 100% at fault?

If you had insurance, you should turn the matter over to your insurer.

I think you may have a difficult time arguing that you were not significantly at fault since you struck a stationary vehicle that was not on the roadway.

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Answered on 1/15/07, 8:08 pm


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