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

Answers:

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.


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