I was in a car accident on the interstate in Wisconsin. Am I liable for damages?

Asked almost 5 years ago - Adams, WI

It was extreme blizzard conditions. I had no Insurance. I was in the right lane another car was in the left lane. The other driver said my van fish tailed as I was passing. The other car lost control and slammed into me. We both went of the road, him in the median and I in the woods. I received a ticket for drive to fast for conditions. The other driver received a ticket for failure to control his vehicle. The other drivers insurance company is suing me for damages. I can't afford to pay. What can I do. I already paid my fine.

Attorney answers (2)

  1. Jonathan P. Groth

    Pro

    Contributor Level 12

    Answered . Lars is certainly correct regarding auto insurance. It's for situations exactly like this.

    In Wisconsin if you are found to be 50% or more at fault then you are responsible to pay that percentage of the damages. If the other car is found 51% at fault then that driver will not be able to recover.

    Have you considered filing a counter claim for the damage to your vehicle? Depending on the facts it may be a 50/50 split where each person's damages would, in essence, off set.

    I know of a number of attorneys who may be able to help out.

    Jon Groth
    www.jonpgroth.com

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am licensed in Florida and Vermont, I cannot comment specifically on Wisconsin law. However, generally, if you are found to be negligent and were driving your vehicle too fast for conditions and caused the accident, you can be responsible for any judgment which the other party obtains against you. It is always advisable to carry liability insurance when you are operating any motor vehicle.

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