Legal Question in Criminal Law in Wisconsin
Two friends and I were on the sidewalk and we were intentionally run over by someone. He then left the scene. We all had severe injuries. He did not have insurance however his mother did and it was her car. She said she did not give him permission to use her car so her insurance isnt covering anything (even though he said he was going to the store for her) I drive a company car so I have car insurance through work and they wont cover anything because I was not working, plus I wasnt in my car. All I can do is get state compensatio or is there something else?
1 Answer from Attorneys
Unfortunately, most insurance policies only cover accidental injuries and do not have to pay anything for intentional harm perpetrated by anyone. However, if you retain an experienced litigation lawyer, there may other theories of negligence which could allow you to get at the owner's policy in this situation, such as whether or not it was a good idea to let the perpetrator even use the car. This would generally be known as a "negligent entrustment" theory, although many legal defenses may also be available to the insurer in this situation. If you injuries were permanent or involve high medical costs, it would be well your while to schedule an appointment with such a lawyer. My comments here are intended to apply to similar situations commonly faced by many, but not particularly to your case, and are offered for public education only. You should therefore consult with your own lawyer or consider retaining one. Since I am not yet your attorney, I will not be taking any action on your case unless you retain me. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. You are welcome to contact me with further questions at my Racine, WI office at 262-633-3090, or e-mail me at [email protected]. See me on the web at www.jayknixonlaw.com. Also see over fifteen hundred of my past answers there arranged by topic at http://www.lawguru.com/answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials.