"Comparative Negligence" Question

[GrampaPete]

Wisconsin

WI is a "comparative negligence" state. After my claim with my insurance is completed I plan to sue the other company for lost wages and loss of personal property.

My company has indicated that the other driver's company has notified them that they plan to subrogate (much to my surprise). The police report (both local officer and State Patrol) show that the other driver was at fault (she was cited). I also have State Patrol photos from the scene that show her to be at fault. Her defense is that she has a witness who claimed I was at fault (the "witness" is her husband who was in his car on the other side of the road). She also claimed her turn signal was on but it wasn't - and the photos show that as well. But that is word against word.

I understand that the insurance companies now duke it out and end up with an agreed upon comparative negligence percentage. Let's assume that she is found to be 60% at fault. What implications does this have for me collecting my claim from her company? And what impact does it have when I want to change carriers?

The bottom line in all this is that I believe that my evidence proves her to be wrong 100%. If the companies agree on a different comparative negligence is it worthwhile for me to explore legal ways to override their conclusion?

Thanks,

Grampa Pete

[teflon_jones]

Originally Posted by GrampaPete

What implications does this have for me collecting my claim from her company?

You will not be able to able to collect more than 60% of damages from them without filing a lawsuit in court.

Originally Posted by GrampaPete

And what impact does it have when I want to change carriers?

This will affect your rates unless you can get it removed from your insurance record.

Originally Posted by GrampaPete

If the companies agree on a different comparative negligence is it worthwhile for me to explore legal ways to override their conclusion?

Depends on exactly what shows up on your record.

You're worrying too much about this based on your post. The other driver was cited and found at fault by the officers at the scene. It's very unlikey your insurance company is going to accept any fault on your behalf for this accident.