Legal Question in Personal Injury in Wisconsin

I was a passenger in a car accident back in 2007. There was no police report, and my friend agreed to pay for my medical costs. He has not done so up to this point and now these bills have gone into collection. I missed three weeks of work because of this and also had to have orthodontic treatment as well as the intial emergency room bill and dentist bills. At the time of the accident (03/07) I had insurance coverage through my employer. The company was self insured. Premiums were taken from my payroll weekly through Sept 07. The company never paid the self insured portion of the claim, so the health insurance never paid anything towards it either. Is there anything I can to get help covering all of these bills? Please let me know.


Asked on 10/07/09, 10:27 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

In Wisconsin, for an adult, there is a three year statute of limitations to either settle an injury claim or commence a lawsuit against the responsible party and/or his/her insurance company. If your friend had auto insurance, you can see if he/she had medical expense coverage under the policy that might still be used to pay the bills, otherwise, if your friend was negligent in causing the accident, then your friend's liability coverage of his/her auto insurance policy would be responsible to pay for your medical expenses, lost wages and pain and suffering. I cannot tell from your post how the accident happened and if there was another vehicle involved, so there may be other insurance available on another vehicle. If your friend did not have auto insurance and if there was no other vehicle or other auto insurance available, you may also be able to make a claim for uninsured motorist coverage and medical expense coverage on vehicles that you owned or which others owned in your household. Lastly, you can certainly sue your friend in Small Claims Court for the maximum of $5000.00, without an attorney, or you can sue your friend in Large Claims Court for more than the $5000 maximum, if you claim is worth more, however, you will need an attorney to represent you. I would suggest that you consult with an attorney to discuss the issues in your case in more detail, to be able to give you a more complete answer than I can provide, given the limited information which you have provided.

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Answered on 10/12/09, 11:58 am


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