It’s one of the most common questions we hear from car accident victims: “What if the insurance company says I was partially at fault?” It’s a question that can cause a lot of anxiety and fear. You’re already dealing with injuries and stress, and the thought that you might not be able to get the help you need because of a simple mistake is terrifying.
I want you to take a deep breath. The law is not always as black and white as insurance companies want you to believe. Wisconsin has a specific law, called “comparative negligence,” that deals with situations where more than one person may be at fault for an accident. Let’s break down what it means for you.
The 51% Bar Rule: How Wisconsin Assigns Fault
Wisconsin’s comparative negligence law (found in Wisconsin Statute § 895.045) follows what is known as the “51% bar rule.” Here’s what that means in plain English:
•You can still recover damages for your injuries as long as your percentage of fault is not more than the fault of the person you are claiming against.
•In other words, if you are found to be 50% or less at fault, you can still win your case.
•If you are found to be 51% or more at fault, you are “barred” from recovering any compensation at all.
How Does Partial Fault Affect My Settlement?
If you are found to be partially at fault (but 50% or less), your total compensation will be reduced by your percentage of fault. Let’s look at a simple example:
•Imagine your total damages (medical bills, lost wages, pain and suffering) are calculated to be $100,000.
•After an investigation, it is determined that the other driver was 80% at fault, but you were 20% at fault (perhaps you were driving slightly over the speed limit).
•Your final award of $100,000 would be reduced by your 20% of fault.
•You would receive $80,000.
This is why insurance companies fight so hard to assign even a small percentage of fault to the victim. Every percentage point they can pin on you saves them money.
How is Fault Determined?
Determining the percentage of fault is not an exact science. It is a judgment call made based on all of the available evidence. This is where having a skilled attorney becomes so critical. We build a case to minimize any fault assigned to you by:
•Thoroughly investigating the crash: We don’t just rely on the police report. We gather our own evidence, including witness statements and expert analysis.
•Challenging the insurance company’s narrative: We push back against unfair attempts to shift the blame.
•Presenting a compelling case: We build a clear and convincing argument that shows the other driver was primarily or solely responsible for the accident.
Frequently Asked Questions (FAQ)
Q: The other driver’s insurance company told me that since I was also at fault, I can’t get anything. Is that true?
A: This is a common tactic used by insurance adjusters. It is not true. As long as your fault is not greater than the other driver’s, you are entitled to compensation under Wisconsin law. The adjuster is hoping you don’t know your rights.
Q: What if I was in a multi-car pile-up? How is fault determined then?
A: Multi-car accidents are incredibly complex. Fault may be spread across several different drivers. In these situations, it is absolutely essential to have an attorney who can untangle the chain of events and identify the percentage of fault for each driver involved.
Q: Will I have to go to court to determine the percentage of fault?
A: Not necessarily. Most car accident cases are settled out of court. The percentage of fault is a key point of negotiation between your attorney and the insurance company. However, if the insurance company refuses to be reasonable, we are always prepared to take your case to a jury and let them decide.
Don’t Let the Insurance Company Intimidate You
It is the insurance adjuster’s job to save their company money. One of the easiest ways for them to do that is to convince you that you were at fault and therefore not entitled to fair compensation. Don’t fall for it.
At Fitzpatrick, Skemp & Butler, we have spent decades fighting back against these unfair tactics. We know how to build a case that minimizes your fault and maximizes your recovery. To learn more, please visit our homepage or our main car accident service page. When you’re ready, contact us at (608) 784-4370 for a free consultation. Let us fight for the compensation you rightfully deserve.