Legal Question in Traffic Law in Wisconsin

Re: Counter Suit in Motor Vehicle Accident Case and Excess Coverage

What you are facing here appears to be an "excess coverage claim," meaning that the damages might exceed your available insurance coverage. If so, it is critical that you consult with an independant attorney other than the one representing your insurance company, since there is a potential conflict of interst between you and your insurance carrier. This is due to the fact that the insurance company may have little to lose by going to trial. They may have offerred to pay your entire policy limits, which the plaintiff has probably declined to accept, and have no chance of the case costing them more, unlike you, and an upside chance of winning at trial. You, on the other hand, face personal liability for the excess damages exceeding your insurance policy limits. One small bit of good news is that you can generally discharge an excess damage judgment in bankruptcy, provided that the accident did not involve drunken driving. You should therefore consult with an independant attorney who has bankruptcy experience and expertise. As for your counterclaim, you should also discuss that with an attorney. If it has merit, you must pursue it now as a counterclaim within this same suit or lose all right to ever pursue it. If it is frivolous, however, pursuing it could end up costing you money in the form of damages and attorney fees incurred by the adverse party in defending it. Again, you need professional legal advice and detailed legal investigation of all these avenues by your attorney before you make any decisions. Good luck!