Legal Question in Personal Injury in Wisconsin

The injured passenger has the right to receive compensation for her injuries. That compensation would come from the driver's liability insurance coverage and, if necessary, from the passenger's underinsured motorist coverage. The insurance coverage may be adequate to pay for the passenger's injuries. After all of the automobile insurance coverage has been paid and if the injured passenger's injuries warrant further payment, she may sue the driver's probate estate, assuming the estate has assets. The injured passenger does not have a claim directly against the driver's famly members. They were not at fault in causing the passenger's injuries.

If the deceased driver was negligent, the passenger may be able to bring a claim. Hopefully, the driver has insurance. Hopefully, the passenger had car insurance too, especially underinsured motorist coverage. I'd recommend the family and the passenger speak to an attorney to identify and understand their rights.

Based upon the facts presented, the passenger would usually be able to make a claim against the driver�s insurance company and potentially the driver�s estate, assuming that the driver was negligent in causing the vehicle�s rollover accident. If there is not enough insurance on the vehicle and driver, then the passenger may be able to make additional claims if the passenger or others in the passenger�s household had auto insurance with underinsured motorist coverage. If there is insufficient insurance coverage to fully compensate the passenger, she may be able to pursue a claim against the deceased driver�s estate. The driver�s family should probably consult with the driver�s insurance company to determine insurance coverage limits and the extent of the passenger�s injuries. The driver�s family should also probably consult with an attorney to discuss how to handle what might need to be done to open and/or protect the driver�s estate. The passenger should consult with an experienced personal injury attorney to discuss her potential rights and claims. Be aware that in Wisconsin there is a three year statute of limitations requiring the passenger to settle her claim for injuries or damages or commence a lawsuit within three years from the date of the accident.