Legal Question in Criminal Law in Wisconsin

restitution for auto accident

Can my son get restitution from his friend who was driving my son's car and totaled it? The friend crossed the centerline and went into the ditch, hit some trees flipped the car, engine and transmission seperated from the car and flew 200 ft. It was a very severe accident with no other damage to any other vehicles or property. He was totally at fault. The friend received citations for operating with a control substance, imprudent speed and possession of narcotics (found in his sock)the friend was alone in the car and my son only had liability insurance on his car. The driver of the vehicle is 21 yrs. of age.


Asked on 10/11/08, 11:49 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

OWI Accident Restitution

Generally speaking, drivers in WI are liable for their negligent driving and may be successfully sued by any injured parties who were less negligent. However, if the person does not have the money, all the lawsuits and judgments in the world are not going to make the money magically appear. If there are no major assets to collect from, odds are you will never collect, although you may be able to take away the drivers license of anyone who does not pay a damage judgment or post any deposit required by the MVD due to an uninsured accident. Finally, damages from a drunk or drugged driving incident are not usually dischargeable in bankruptcy; nor are restitution orders in any criminal proceedings. I cannot tell from your question if this person was charged criminally or not since the offenses you list can all be charged as non-criminal ordinances or as criminal matters. I cannot give you legal advice unless I first represent, so these comments are intended for general information only. Good luck!

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Answered on 10/12/08, 4:55 pm


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