Legal Question in Traffic Law in Wisconsin
Someone ran into me at a red light. We pulled into the nearest parking lot where I found out they did not have insurance. Feeling remorse for them, I decided to take their word on them paying for the damage and I did not call the police. I took down their name, address, and phone number, as well as license plate number. Is there anything I can do if I cannot get a hold of this person? Or did I let them off the hook for everything by not calling the police right then and there?
1 Answer from Attorneys
Calling the police would not have changed the fact that the driver who hit you was uninsured. While this would be a good case to refer to your uninsured motorist insurance carrier (or collision/comprehensive coverage), you can still sue them for your losses. You can also ask the DMV to suspend their driver's license and vehicle registrations due to not having insurance. Having the documentation of a police report, however, might very well have helped you in court, even though it is technically not required. Regrettably, suing is not always the same as collecting, however, which is the reason why you should always make sure that you have adequate uninsured motorist coverage. Even if you are good driver yourself, uninsured motorist and collision coverage are probably the ones which you are most likely to need. Driving without enough of either is therefore extremely foolish, in a state where at least of quarter of all drivers are probably driving without insurance. This group also tends not to be the best drivers, getting into the highest number of accidents, so the odds of your running into one again someday are very high.
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