Posted by rozeklawoffice on April 22, 2010 under Car Accidents, Questions and Answers | 
Question: Can my car accident (which occurred in Milwaukee, Wisconsin) insurance claim for damages (including medical bills) be denied because I was not wearing my seatbelt?
Answer: Insurance adjusters will often attempt to blame injuries on the individual if he/she was not was not wearing a seatbelt. However, Wisconsin law clearly states that the maximum reduction that can be applied to an injured individuals damages is 15%. This 15% can only be applied to the injured individuals recovery for damages that were caused by not wearing a seatbelt. The at-fault driver (otherwise known as the defense) has the burden of proof to show which injuries, if any, were due to the lack of seatbelt use. If the at fault driver (defense) meets the burden of proof, then 15% may be reduced from the injured person’s damages. So, the short answer is no, your claim can not be denied based on the fact that you were not wearing a seatblet.
Please remember though, seatbelts can save lives and are am important component of driver safety.
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If you have been in an accident, please contact an experienced Wisconsin Car Accident Attorney
Posted by rozeklawoffice on February 19, 2010 under Car Accidents, Insurance |
Question: I was in a minor car accident yesterday in the parking lot at a Milwaukee gym. My car crashed into another car while I was backing up. The damage to both cars appears minimal and all of the people in the other car told me that they were not hurt. I am worried that my car insurance rates will go up if I report the claim. Would you recommend settling with the other driver and not reporting the incident to my car insurance company?
Answer: While it may be tempting to not report the minor car accident to your insurance company, especially if you have had an accident before, not reporting it to your insurance company is a very bad idea.
Everyone makes mistakes. Not immediately reporting the claim means that if a couple of months from now the person whose car you crashed into begins to claim that the damages to his vehicle were greater than what you witnessed and also begins claiming that his neck pain has not gone away, you will find yourself having to defend the claim on your own.
If your insurance company first hears about this claim a few months after it happens, it will probably deny coverage to you because of late notice. You will then have to either try and defend yourself in court or hire a milwaukee car accident lawyer on your own dime; either way is probably going to be expensive for you in the end. If you report the claim promptly, the insurance company will defend the claim and bear the expense, even if the claim is frivolous.
In short, I would recommend reporting the claim. Better to be safe than sorry.
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