Legal Question in Personal Injury in Wisconsin

Can I take someone to small claims court after a car accident?
Back on 1-28-03 Iwas involved in a car accident. I was not at fault and sustained neck and back injuries.It was determined that the other driver failed to yield the right of way and issued a citation. At which time I hired an attorney. He failed to follow the signed contract and wanted me to pay $5000.00 up front. Since then I have found it almost impossible to hire another attorney.So can I take the other driver to small claims, or do you know of an attorney who might handle my case.I know if I go to small claims I can only receive $5000.00, but would it not be better than a few hundred dollars!

Asked on 3/01/04, 8:14 pm

2 Answers from Attorneys

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

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Re: Can I take someone to small claims court after a car accident?

The first question I would have of you is whether the other driver or vehicle owner had any vehicle liability insurance in effect at the time of the collision. Also, did you or anyone in your household have any vehicle liability insurance in effect at the time of the collision? If there was insurance for the other driver or owner, you could make your claim against that insurance company. If there was no insurance on either the driver or owner of the other vehicle, then you might be able to make an uninsured motorist claim for your injuries against any insurance on your auto or that might have been in effect in your household. If there is no insurance coverage, as outlined above, you can certainly sue in small claims court for up to the maximum limits of $5000.00 for your property damage and your injury claim. If there is insurance coverage, as outlined above, feel free to contact me or any of a number of persoanl injury attorneys to see about representation of you. Otherwise, small claims court is probably your best bet if your damages are within the $5000.00 limit.

Answered on 3/02/04, 9:33 am

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