After a car accident, an insurance adjuster might tell you that you share some blame for the crash. You may worry that this means you cannot receive compensation for your injuries or vehicle damage.
However, Wisconsin law allows you to recover damages even when you share responsibility. Understanding Wisconsin victim rights can help you determine whether you can seek compensation and how your share of fault may affect your claim.
How does the 51% fault rule work?
Wisconsin law uses a rule called modified comparative negligence. Under Wisconsin law, you can seek compensation if your share of fault does not exceed the other driver’s share.
In a crash involving two drivers, this generally means that if you are at fault:
- 0% to 49%: You can recover damages, but your share of fault reduces your compensation.
- 50%: You can still recover half your damages.
- 51% or more: You lose the right to receive compensation from the other driver.
For example, suppose you suffer $40,000 in damages after a crash. If you bear 20% of the blame, your compensation drops by $8,000. You could still receive $32,000. However, cases involving several drivers can become more complex. Wisconsin law compares your fault separately against each responsible person.
How do insurers determine fault?
Insurance companies review the circumstances of a crash before deciding who bears responsibility. They may examine several types of evidence, including:
- Police reports and traffic citations
- Photos of the accident scene
- Witness statements
- Vehicle damage and available video footage
For example, another driver might run a red light while you travel above the speed limit. Both actions could contribute to the crash. However, sharing blame does not automatically mean both drivers bear equal responsibility.
An insurance adjuster’s opinion also does not settle the issue. You can challenge the insurer’s findings if the evidence supports a different division of fault.
How can you protect your compensation?
If an insurer claims you share responsibility, review the evidence before accepting its decision. Keep records of your medical treatment, repair costs and other accident-related losses.
You may also benefit from speaking with a personal injury attorney. An attorney can review the evidence, assess the insurer’s fault calculation and explain your legal options. Understanding how Wisconsin’s 51% rule applies to your accident can help you make informed decisions about your claim.