Legal Question in Civil Litigation in Wisconsin

accident

i had a female break my mirror with a shopping cart at walmart on 01/29/09 5:39PM, i have had walmart security view the tape and conferm the hit, i have the first name & phone # of the person, i have phoned her and told her the cost of the replacement and the fact that walmart viewed the tape and she is not willing to do anything to help, what would be a course of action for getting my mirror replaced by this lady?


Asked on 2/09/09, 1:54 pm

1 Answer from Attorneys

Matthew MacKelly Attorney at Law

Re: accident

You might consider a few different things. First, if you call her again, maybe she will give you the name of her insurance company. Her auto insurer should be responsible for paying. If she refuses you could threaten to sue her in small claims court (I assume the costs of repair are less than $5,000) if she doesn't give your her insurer's name and number.

(Random note: If you have a copy of the relevant part of the tape, that will be great as proof later. If you can't get a copy, you will want to get a statement from Walmart security about what the video shows, including, when, where, who was involved, and all other information....)

Second, you can contact your auto insurer, explain the situation and give them all the information. Your insurer will likely be able to find out her insurer information if the woman does not give it to you. Insurers have great investigation tools. And since it's not your fault, it shouldn't count against you and they should be able to collect the money from the woman's insurer.

Third, you could actually sue her, but if your insurer does not get cooperation, then it will probably sue her and you will just need to cooperate with your insurer.

Read more
Answered on 2/09/09, 2:32 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Wisconsin