Legal Question in Traffic Law in Wisconsin

auto accident

how do i get paid for an auto accident that was not my fault the other driver backed out onto a 45 MPH road and I hit him. Ihad no insurance he has been found at fault bit his insurance only wants to pay 60% of my damages.


Asked on 7/17/09, 1:11 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Comparative Negligence in Auto Accident

The insurance company's offer may not be too far off the mark if you had a clear view of the other driver pulling out and failed to either slow down, swerve, honk your horn, or take other steps to avoid the accident. The amount which they are obligated to pay you is reduced by the percentage of your negligence. That is generally a minimum of at least 10% in any accident where were vehicles where in motion at the time of the crash, but it increases if you had any good opportunity to avoid the crash. On the other hand, if you had no clear view of the other driver pulling out, or he did so in an extremely abrupt fashion with no warning, your negligence would be decreased. My comments are not intended as legal advice unless you subsequently retain me to re-examine your issues.

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Answered on 7/19/09, 2:53 pm


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