Legal Question in Personal Injury in Wisconsin

The other driver and the driver's insurance company have the burden to prove what damages you caused in the accident. I would probably contact the police officer who investigated the accident to get a statement from him, if possible, or a supplemental report to the police report, to reflect the issue of the pre-existing damage. You should also request the estimate from the insurance company which reflects the damages and cost of repairs. Because you did not have any auto insurance, you are subject to the Safety Responsibility Law in Wisconsin which requires you to provide proof of financial responsibility to the State in order to cover all damages which you caused in the acciddent, and will require your being responsible to either post a bond with the State to cover potential damages, agree to a payment plan with the other driver and insurance company for all damages your caused, or to request a hearing before the Motor Vehicle Department relating to the issue of your fault and proof of the damages which you caused. If you do not do one of those three things, you may have action taken against you by the State, to include suspension of your driving privileges and suspension of the registration on your vehicle, for at least a year. The other driver and the insurance company could also sue you in court for the damages, but again they will have the burden of proof to prove what damages you actually caused.