If I was struck by a vehicle and injured, do I have a case against the driver’s insurance company even if I was at fault?

I was on my bike. I received numerous injuries. The police ticketed me.saying because I was on the wrong side of the street in a bike lane so it was my fault.

Asked on June 21, 2014 under Personal Injury, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do not sue or have "a case against" another person's insurance--you sue the person him/herself, and his/her insurer should then step in to defend and/or indemnify (that is, pay for, if there is a judgment against their insured) that person. However, in personal injury cases, liability (an obligation to pay) is based on fault; if the driver was not at fault, or if you were at fault, you will most likely not recover any compensation, since someone is only liable to the extent that they (and not the other party) was at fault in causing the accident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.