Question

In Wisconsin, is fault determined by insurance status or details of the accident?

I caused minor car accident by not slowing down fast enough at stop light of turn lane and rear-ended a van ahead of me. Neither of us suffered any vehicle damage or injuries. The other driver took my insurance Info that I provided, but only provided an ID in return; no car insurance. No pictures or other accident proof was recorded by either of us. She was very calm, at ease, and unconcerned about whole situation, but next day she contacted my insurance alleging injury. I am concerned about what I believe is a fraudulent injury claim. As for determining who was at fault, am I liable causing the incident? Or, if other driver lacks proper, state-required car insurance, is that driver considered at-fault?

Feb 13, 2017 West Allis, WI

Answer
Neil Richardson

Feb 13, 2017

Insurance status has no bearing on fault after an accident. In most rear-end accidents, the driver that hits the person in front of them is considered "at-fault". As far as any fraudulent activity of the other driver, you're insurance company will investigate to determine if the injuries are legitimate. Ultimately that shouldn't affect you in any way since it would now be up to your insurance company to determine whether or not they are going to pay for the other driver's (alleged) injuries.

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