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Car Accident Fault

by Gary

Hello, car "A" was traveling on a snow covered road and lost control of the vehicle. Car "A" came to a stop sideways in the road. Car "B" came along & hit car "A". Car "A" was totaled. Alcohol was a factor for both drivers.

Car "A" has no insurance. Car "B" has insurance. Would a insurance company deny a claim in this instance? I tried to ask this without asking who's at fault.

Thanks, Gary


Well, Interesting set of events. As you know, my answer is only information and without all facts, it is very hard to know what insurance B will do. Car B must be negligent or at fault in part for B's insurance to pay.

The key factor (in my eyes) is how long was car A in the road. Was car A there to be seen or was this coming around a corner? Was it day time or dark?

All of these questions go to asses whether or not car B had a reasonable time to avoid the accident, but he/she did not because he was either going too fast or he/she was under the influence (which are factors that contribute the accident).

It is very possible that both drivers have negligence on this situation, but it depends on the above factors.

The next thing to worry about is what percentage of fault your state would make B pay. Some states require 50% or more fault to pay. Some Require 51% or more to pay. And some require 1% or more to pay for their percentage of fault.

So really, there are not enough factors here to answer. I do hope this clears up any confusion.

Good Luck,

Follow up question

Car "A" skidded on the road & came to a stop sideways in the middle of the road. It was just starting to go again when car "B" hit it on the drivers side. This was at 2:30 AM. The road was a straight. The officer didn't get to the accident for 2 hours. Blood alcohol for driver "B" was .

13 Driver "A" was .10 Officers opinion of possible contributing circumstances, "in the police report", was driver "B" speed too fast for conditions, Inattentive driving, and driver condition. Driver "A", speed too fast for conditions, failure to have control, driver condition. This happened in Wisconsin.

The insurance claims Rep for car "B" says the accident was car "A" fault and are denying any and all claims. I feel this claims Rep is taking advantage of my daughters young age, "19". We are just looking for some direction as to pursue this matter or not. We understand driver "B" is not 100% at fault. Thanks, Gary

Answer: Ok, that helps a little more.

Here is what happens in Wisconsin:

Wisconsin: Modified Comparative Fault -- 51 Percent Bar - Wis. Stat. ยง 895.045(1).

This means that in order to recover against B, A has to be found less than 51% at fault. That is a close call, and the insurance company will probably argue that they proved that you were more negligent than the other driver. 50% split would make each party pay 50% of each other damages.

Sounds like you have pretty strong police reports, and it is likely that you can argue this that they were at least 50 -50 or you were less at fault that the other driver.

Consult with your own insurance company and your lawyer in how to proceed.

Good Luck,

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