Legal Question in Personal Injury in Wisconsin

Re: Uninsured motorist VS. Uninsured motorist

I am assuming from what you have posted that this was an accident that happened in WI and that it was probably a rear end collision, based on the officer's opinions of contributing circumstances that you have described. Other than small claims court, which allows for a current maximum recovery of $5000.00, or large claims court, which allows for basically an unlimited recovery, but based upon the evidence, there are a couple of other alternatives. You could certainly send the other driver and/or owner a letter, by certified mail, asking him to contact you to attempt to work out a lump sum or installment payment settlement. The other leverage that you have is the WI Financial Responsibility Law, which requires drivers in WI to either have insurance or sufficient financial responsiblity to cover damages caused as a result of a vehicle collision. If this was a reportable accident and a police report was filed with Madison, you will be recieving documents from the Department of Transportation entitled Property Damage Evaluation and Personal Injury Evaluation (if an injury was noted). If you have these forms completed and returned by the required date, the DOT will contact the other driver to give him three alternatives: 1. Post a bond with the STate to cover any damages that were caused by the collision; 2. work out a payment plan or settlement with you to compensate you for your damages, or 3) request a hearing with the DOT for a determination to be made as to whether the other driver may be found liable for your damages. If the other driver does not do one of those three things and/or the DOT determines that he may be liable for your damages, he will be given a short period of time to post the bond or work out the damages with you, and if that is not done, then the driver will lose his operating prvileges for at least one year and the owner will lose the registration prvileges on that vehicle for at least one year. That will give you some leverage to try to convince the other driver to work out payment of your damages, because, you will have the power of filing an Installment Agreement or Release with the DOT which will prevent the loss of the operating privleges and registration privilges of the other driver and/or owner. If the other driver and/or owner cannot work out an acceptable agreement with you, your next alternative will probably be either small claims or large claims court. Note that if you were injured in the accident, there is a three year statute of limitations in Wisconsin which requres you to either settle your claims or start a lawsuit within three years from the date of the vehicle collision. If you do not settle or start suit within that time, you will not be able to recover your damages from the other party.