How do we appeal an insurance company’s finding of fault?

We were involved in a small fender bender on a very stormy night. My husband was backing out of a parking stall in a hotel parking lot. He was done backing up and was in the process of turning the steering wheel to proceed forward, when a lady driving through the parking lot hit the back corner of our car. She sustained damage to her back passenger door. She got out of her car and admitted that she did not see my husband. Her insurance company is finding us 100% at fault. I thought our state was a 50%/50% state. We want to appeal the insurance company’s findings. Not sure how to proceed from here, or if we are SOL just because my husband was backing up.

Asked on June 26, 2014 under Accident Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do not appeal the decision of the insurance carrier for the other party. You presumably file a small claims court lawsuit against the other driver and resolve the fender bender in small claims court. The insurance carrier for the other side is not your friend. Its purpose is to not pay out a claim and its findings against you show that. That is why you need to resolve the dispute in small claims court if the other driver will not voluntarily settle with you.


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