Legal Question in Personal Injury in Wisconsin

How can I file for a petition for my license after being suide for a car accident?


Asked on 1/31/10, 8:05 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Unless you also received a drunken driving ticket due to the crash, damages from a car accident are usually dischargeable in a bankruptcy and a bankruptcy lawyer may therefore be able to help you get your license back. However, if your safety responsibility revocation has already gone through, there may be some delays, since the Wisconsin DMV sometimes requires proof that your bankruptcy was successfully completed. The document which the DMV may want to see in that event is known as a "discharge" order, which can take a few months to obtain. Bankruptcy can also prevent your license from being revoked in the first place, however, if you can get your bankruptcy case filed soon enough, before the scheduled revocation date. Typically, when you lack insurance and are at fault in an accident, the DMV will send you a warning notice before they suspend or revoke you. That letter will provide you with an opportunity for a hearing where you could object to the revocation, or to post a deposit for the damages in lieu of insurance, pending resolution of liability issues in the courts. If you request such a hearing (or post the deposit), you may get enough additional time for you to complete your bankruptcy filing before you even lose your license. Of course, all of this assumes that there are not additional causes for your revocation, such as too many demerit points, mandatory SR-22 insurance requirements, unpaid fines, etc. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also travel outside of Racine and represent clients throughout WI.

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Answered on 2/06/10, 5:32 am


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