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I've Been in an Accident. What Should I Do?

• Has an insurance adjustor just informed you that you are 10 or 15 percent at fault just because you were involved in the accident? Don't get ripped off. There is no such law.
• If you have been involved in an accident, here are some steps you should take to protect yourself...and your legal rights.

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Has an insurance adjustor just informed you that you are 10 or 15 percent at fault just because you were involved in the accident? Don't get ripped off. There is no such law.

Has an insurance adjuster just informed you that you are 10 or 15 percent at fault just because you were involved in an accident? You will argue that you did nothing wrong, but the insurance company will maintain that you bear some fault just for being there. This is a common tactic employed by insurance companies to convince you to accept less than fair value for your case. There is no Wisconsin or Illinois motor vehicle law that states you are at fault merely for being there. It is common for insurance companies to point the finger at the victim of an accident for causing or contributing to the accident. Using such terms as "Comparative Negligence", or "Contributory Negligence", the insurance company will attempt to pay as little as possible in settling your case.

Insurance companies make this argument, because under comparative negligence, your medical bills, lost wages and pain and suffering are reduced by the percentage you are found at fault for the accident. If you are found more than 50% at fault for an accident, you cannot recover anything. For example, if you are 15% at fault, a claim worth $10,000 will be reduced by $1500, and you will receive $8500. Therefore, it benefits the insurance companies to make the at fault for just being there argument, because over hundreds of claims, they can save millions of dollars.

Claiming you are at fault merely for being involved in an accident is one of only a number of excuses insurance companies use to reduce the value of your claim. Although you believed your case is cut and dry because the other driver ran a stop sign, blew through a red light, or quickly made a left turn in front of you, an insurance company will likely argue you could have done more to avoid the accident. They may very well argue that because you did not avoid the accident, that you bear some responsibility. The point being, insurance companies will resort to as many excuses as possible to claim you bear some fault, because by doing so, they can pay much less money to injured persons.

As you can imagine, claims involving these fault issues can be complicated and fiercely contested. Don't become a victim of these insurance company tactics. An experienced personal injury attorney who routinely fights insurance companies on these fault issues, such as the lawyers at Hupy & Abraham, can expose the flaws in the insurance company's argument and get you a fair settlement. If you are facing these types of insurance company tactics, and need an aggressive attorney to help you, please contact Hupy & Abraham in Wisconsin and Illinois at (800) 800-5678.

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• I am very happy with the outcome of my case and with Hupy & Abraham as a whole. 
  
  - Yvonne B
• We sensed that Leah was in good hands after meeting you and seeing your effective courtroom manner, and you gave us confidence too. 
  
      - Ray & Ilene
  
• I want to thank you for representing me after my motorcycle accident.  It was a good feeling knowing someone such as yourself with Hupy & Abraham was working on my behalf. 
  
      - Jeanne L.
• Thank you and God bless you all for what you have done for us.  Your help has meant so much.  Kathy Blick- Posted February 25, 2010

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