Wisconsin Comparative Negligence

[valdon]

What is the name of your state? What is the name of your state? Wisconsin

My wife and I were involved in a traffic accident that we believe to be no fault of our own, but are being told that we are 20% liable due to Wisconsin's comparative negligence laws. Our car was hit by another driver who went through a stop sign. We had the right-of-way. He stated to the officer that his brakes failed. He also did admit that he knew there was a problem with the brakes and because of that he was cited for the accident. His insurance company is telling us that because the accident happened at an intersection, the comparative negligence law is in effect. We are supposed to be aware of everything in our "perpheral vision." How can we be liable at all - just for driving down the street??? Please help!!!

 

[loocpoc]

Sue the insurance company and the gentleman who hit you.

 

[racer72]

You can't sue the insurance company, they are not negligent for the accident. You will just sue the vehicle owner/driver and the insurance company will be obligated to defend the driver.

 

[loocpoc]

You can't sue the insurance company, they are not negligent for the accident. You will just sue the vehicle owner/driver and the insurance company will be obligated to defend the driver.

In certain instances yes you can sue the insurance company outright if they refuse to pay damages. If the insuree does not have enough capital and the insurance company has refused to comply with any sort of policy reguarding payment for damages, than yes you can sue the insurance company.