Legal Question in Personal Injury in Wisconsin

Car accident & personal injury

When I was coming home from work on Monday I was stopped at a red light. This car behind me didn't see that I was stopped and ran right into me. To make matters even worse, the one that hit me has no insurance. I now have to pay the $500 deductible on my insurance in order to get my car fixed. Plus I missed 2 days of work with out pay for my injuries and I also have to pay the co-pay on my health insurance for the hospital visit and medication. I don't think this girl that hit me has very much money because she was driving an older, junkier car, has her license suspended and is driving with out insurance. I want to sue her because I do not think it's right for me to pay these bills when I was just stopped at a red light and could not avoid the accident. Would it be best for me to take this to court or would it cost me more in the long run?


Asked on 4/25/03, 11:27 am

5 Answers from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: Car accident & personal injury

Please review my web site's Wisconsin Uninsured Insurance page. If you would like help pursuing a UM claim, call me at 414-257-4100.

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Answered on 4/28/03, 9:38 am
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Car accident & personal injury

If the other driver does not have any insurance and you do have insurance, you can make claims udner your own insurance policy for your damages. The claims can be made under your collision coverage, less your $500 deductible for your car damage; your medical expense coverage for a portion of your medical bills, if you have this coverage; and the uninsured motorist coverage for other medical bills, lost wages and pain & suffering. You will have at least $25,000 coverage under your uninsured motorist coverage. I would be happy to discuss the details with you in more detail, if you wish to give me a call. Your collision coverage deductible can be dealt with in a number of ways. Also, there are some things that you need to be careful of when dealing with your own insurance company when making claims.

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Answered on 4/25/03, 11:43 am
Michael End End, Hierseman & Crain, LLC

Re: Car accident & personal injury

You do not have to sue the person who injured you and damaged your car. Your own automobile insurance company will compensate you for your injuries under the uninsured motorist coverage of your insurance policy. When you are injured by an uninsured motorist, as you were, your own company pays the same damages to you that you would have been entitled to recover if the other driver had been fully insured. Your own insuance company will then try to recover the money that it pays to you from the person who injured you. If, in fact, she has no income or assets, then your insurance company may fail in its efforts to be reimbursed by her. If she does have income or assets, your insurer will also try to recover your $500 deductibe from her, if you ask your insurer to do so.

You may need a lawyer to help you assess the value of your claim when you deal with your own insurance company. Otherwise, the company will try to get by giving you the least amount of money that it can get away with.

You may call me if you would like to discuss this.

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Answered on 4/25/03, 11:44 am
Robert Lightfoot II Murphy Desmond S.C.

Re: Car accident & personal injury

First, check you own insurance to see if you have uninsured motorist coverage.

Second, it would do no good in the long run, to sue her. Even if you get a judgement, you will spend more money trying to collect a judgement from her which, you probably won't be able to do anyway as she likely has no money and no assets.

I'd keep track of all you co-pays, deductibles, prescriptions, etc. Then you can try and settle your case on youe own with your insurer, or hire a lawyer to assist you.

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Answered on 4/25/03, 12:06 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Car accident & personal injury

You are right, there is not much you can do. I have a couple of suggestions, though. First, start carrying uninsured and under-insured coverage. Then, when you have an accident, you only have to deal with your own company, if the other party is not fully insured. Second, be sure the police that covered the accident are aware of your injuries and urge them to charge the other person. While it looks like she doesn't follow the law anyway, at least she will be prohibited from getting a license for a while unless she could first post bond for your injuries and damages.

Good luck.

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Answered on 4/25/03, 1:15 pm


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