Legal Question in Personal Injury in Wisconsin

While a driver is always legally responsible for injuries to his passengers due to his negligent driving, the liability scenario becomes more unclear if the driver has no insurance of his own. Since you are apparently negotiating with your own insurance company, my guess is that the driver did not have his own insurance, meaning that this offer may be based upon your uninsured motorist coverage. In Wisconsin, auto liability insurance policies are now required to carry uninsured motorist limits which could be a minimum of $50,000. You therefore would have a right to sue or arbitrate with your insurer if you can prove that your damages were, in reality, more than the $500 which they have offered you. In such a claim, you are entitled to claim pain and suffering in addition to your actual medical bills, lost wages, or future disability due to the accident. Since I know nothing of those damages in your case, I could not even take a guess about whether or not $500 is a fair offer. While you always have the right to "negotiate," the insurer always has the right to say no and require you to sue them, which can be very slow and expensive process. You therefore need to retain the services of an experienced lawyer as soon as possible if you want to pursue more than the $500 (plus medical bills) offer. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible, since time limits can apply to many different types of legal matter which could damage your case if they expire without receiving proper attention in a timely fashion. However, you are welcome to contact me at my office in Racine if you wish to retain me for a higher level of assistance.