Rules of the Road often determine fault in an accident. Drivers learn about right-of-way, speed limits, and traffic controls such as stoplights and signs. Drivers also have a general duty of reasonable care on the road, which includes such things as keeping a safe lookout, adjusting driving behavior for road and weather conditions, and avoiding dangerous distractions such as cell-phoning, texting, smoking or rummaging in the glove box while driving.
Fault in an accident is generally determined on a percentage basis, with each driver bearing a percentage between 0 and 100%, for at total of 100%.
Insurance comes in a variety of forms, such as health insurance, auto liability insurance, workers compensation insurance, umbrella coverage, and many other forms.
When a person is injured in an accident, it is often in their best interest to bill their own health insurance provider first. Although some health insurers would say that the car insurance should pay right away, the injured party is often best-served if the health insurance pays. Payments under car insurance can be subject to tighter monetary limits on the total amount paid, and may be subject to delay as the claim proceeds. Additionally, an auto insurer may ask for an early "release" of claims before paying bills, and a release should be avoided until the severity of long-term injury has been evaluated by health care professionals.
Does My Health Insurance Get Paid Back?
If your health insurer pays your bills from an accident, your health insurer may be reimbursed from the auto liability insurer down the line. The process is called "subrogation." The purpose of subrogation is to place most of the burden of the injury on the insurer that most closely covered the fault or risk that led to the accident.
If your injury was caused by the fault of an uninsured motorist, your own auto insurance coverage may have coverage that steps in to replace the coverage the other motorist should have carried. Under current law, certain liability coverage is required for Wisconsin drivers.
Do I need a lawyer?
A person injured in a Wisconsin accident has the right to consult a lawyer. Many personal injury lawyers will provide a free consultation. If the injury may require medical or other health care, it is often in the injured party's interest to at least phone a lawyer to address the questions that arise in the claim process.
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