Car accident injuries commuting to or from work: Liability & settlements Payouts depend on medical bills, lost wages, lawyer quality, & more. Lawyer up if facing more than $5,000 in expenses.

If you’ve been injured in an accident on your way to or from work, you may be wondering if your employer’s insurance can be held liable or if your own insurance will cover it—or if both will. The answer: it all depends on the circumstances. Take advantage of a free initial consultation. You’ll meet with one of our experienced personal injury attorneys, not a paralegal or a salesperson, and you’ll get a straightforward estimation of how much your claim is worth. If you can’t come to our office due to your injuries or distance, we can meet by phone.

One more thing: should you choose to retain Warshafsky Law, you won’t owe us a thing until your case has been resolved and you have been compensated. We also have a No Win, No Fee policy, which ensures you won’t owe a dime if we don’t win your case.

Let’s take a look at the possible scenarios for accidents that occur on the commute to or from work:

  • If you were driving your own car on the way to work and caused the accident, you and your insurance will be held liable for your injuries and damages (as well as for injuries and damages caused to anyone else in the accident).
  • If you were driving your own car to work and someone else caused the accident, the other driver and his/her insurance will be liable for your injuries and damages. It’s a good idea to look into whether the other driving was using a company car while on the company clock (this is something Warshafsky Law always looks into).
  • If you were driving a company car to work and caused an accident, your insurance company will likely be held liable for your injuries and damages (as well as for injuries and damages caused to anyone else in the accident). This is because most company car policies only provide coverage for when the car is being used during business hours. However, if you were doing something that benefitted your employer while on the way to or from work (such as picking up shipping boxes for the office), then you were effectively “on the job” and your employer’s insurance would be held liable.
  • There’s one exception to an employer’s insurance policy covering damages caused by an auto accident while on the job, and that’s if you were doing anything their policy forbids or is illegal. For instance, if you get drunk and cause an accident, there’s a good chance your company’s insurance will deny your claim. Even if they don’t, though, you’ll likely be fired for violating company policy in such an egregious way.
  • If you ride a bicycle to work and were injured in an auto accident that you did not cause, the insurance company of the driver at fault is liable for any damages you incur. These damages can result from property damage, personal injury, and pain and suffering. Set up a free consultation with a bicycle accident attorney to find out what your claim is really worth.

6 WI Car Accident Laws that Impact your claim

How do insurance companies settle auto claims?

In Wisconsin, our legal system operates under the premise that the party responsible for causing the accident is held liable for any injuries or damages caused by the accident. The first step in resolving a claim is determining who was at fault for the accident.

Sometimes, both drivers are found to be responsible for causing the accident. When that happens, one driver is usually found to be more at fault than the other. For instance, one driver may be found 80% responsible. In such a case, one insurance company would be responsible for 80% of the claim, and other would be responsible for 20%.

As you can imagine, the determination of who was at fault is critical. This is why Warshafsky Law has experienced accident scene investigators, a former doctor, and attorneys who have worked for big insurance companies before joining our firm. Together, we look into all the details of an accident and gather the information we need to put forth the best case for our clients.

"Should I file a claim with my auto insurance or theirs?"

You should always file your claim with your insurance policy. If the other driver was at fault, your insurance company will handle filing a claim with them. Your insurer is highly motivated to avoid paying out on claims, so you can count on them being extremely diligent about insisting the at-fault driver’s insurer pay on your claim.

If you were in a company car and on company time, your company’s insurance should handle the claim. It may be necessary, however, to also file a claim with your insurance company. Sorting out which insurer will cover the claim and how much they’ll cover can get complicated—especially with two companies looking out for their own best interests. It’s a good idea to have an experienced personal attorney to represent your best interests—even if it’s only reviewing the settlement offer you’re offered.

Injured? it is about the money®

How to get the most money from a car accident traveling to or from work

After you report an accident to your insurance company, they’ll have a claim representative call you to get information from you about the accident. Although they call themselves claim representatives, they’re really claims adjusters. Their job is to ferret out any details about the accident that will justify limiting how much they pay on a claim, or even denying it altogether. This includes any details they get from you, so be very careful what you say and NEVER EVER say anything that can be interpreted as an admission of fault.

Insurance companies typically notify their policyholders by letter when they decide how much to pay out on a claim. Usually, they’ll include a settlement check with their letter. In most cases, it comes up short of your claim. Even if you’re desperate for money to pay your medical bills, don’t deposit the check until you’ve consulted with an attorney. The check is nothing more than an offer of settlement and it can be negotiated—but only if you haven’t cashed it. Once you do that, you’ve essentially said that you accept their offer.

Because every accident has its own unique set of circumstances, the best advice we can give on how to get the most for your injury claim is to consult an experienced personal injury attorney. Warshafsky Law has represented thousands of auto accident victims in cases with all kinds of unique circumstances, and our reputation for winning big for our clients is well-known among insurance companies.

Unlike "sign and settle" law firms that carry no clout in negotiations with insurers, we prepare every case from day one as though it will go to trial. Insurance companies don’t want this because it exposes them to even greater losses, so they either agree to a fair settlement or we take them to court. Either way, you win.

Car insurance providers Warshafsky attorneys have beaten