Wisconsin Car Accident Legal Questions

In the US, as well as in WI, a person can sue another person for any legitimate reason so the answer is yes you can sue your Dad.  The real question is whether that suit will succeed and if your Dad is collectoible.  It would not be a case I'd take but call other WI Personal Injury lawyers and see if any are interested in it.  Good Luck.... Read More

You ate under your employer's auto insurance policy and that policy will provide you a lawyer in defense of the claim up to the policy limits. If you think there's going to be an excess claim that would implicate your personal funds then it would be smart to consult a lawyer. You can also consult lawyer at this time for an assessment.  I need a lawyer who has experience in but with a defending personal injury cases.... Read More

Yes in small claims in the County where the accidetn happened.  However, before you do siply report the accident and damage to your friend's auto insurer as they may just voluntarily pay for the damage/repair.  If not make sure to name the friend and the auto insurer in your small claims lawsuit.  good luck.... Read More

The insurance company (in your case, Progressive) pays for the damages to your car. They don't typically repair the car. A body shop would have made those repairs. Do you know what body shop they may have used and whether you were told why after market parts were used for the repairs. Is there some logical reason, such as the age of your car made it difficult to find the rirght new car parts for it?... Read More

if you have the accident report, if it lists the insurance company for the adverse driver, contact their insurance company to have your car fixed. If they carry no insurance, you can pay your deductible and have your own insurance cover the damage. Another option if they were uninsured is to sue them in small claims court, if your damages are less than $10,000. I’m assuming this is a property damage claim only, since your post does not indicate that you were injured in the accident.... Read More

Do you have a copy of your automobile insurance policy showing the vehicle being covered and the time frame of coverage? I can’t tell from your post if the insurance company is arguing whether you do not have a policy in effect (no insurance) OR you have insurance, but this is a non-covered event under your policy.... Read More

If you were injured in the accident, you should definitely have a personal injury lawyer help you with the case. If you were not injuted, adn this is property damage only, you can either have your own insurnace company pay for the damage to your car, less your deductible, or you can make claim against the other driver's insurance company. If injured, there is a THREE year statute of  limitations for starting a lawsuit from the day of your accident. Failure to file the lawsuit within the three 3 years, would forever bar your claim.... Read More

This is a frequent problem of individuals who are in auto accidents, whether the adverse driver is giving you the run around, or their insurance company is. You don't state whether you were injured or not. If you were injured, you are well advised to consider hiring a personal injury lawyer to help you with your case. If you were not injured and this is simply a property damage case only, you will want to secure a copy of the police accident report to assess liability, and than to deal directly with the adverse driver's insurance company in getting your car fixed. A quicker solution may also be to make a claim for the damage against your own insurance company, pay your deductible and they probably will get your car repaired and back to you in a more expedtious way than the adverse insurance company. You can proceed either way.... Read More

You will need to hire a criminal defense/traffic lawyer to contest the citation or show up in court and fight it yourself. When you are making a right hand turn, you need to yield to incoming traffic. I'm not sure that your son is 100% at fault, but arguably the majority of the negligence seems to lie with him in my opinion.... Read More

You can make a claim for injury against Enterprise and their  lisbility carrier as well as their driver. Under Wisconsin law, you have 3 years to file a lawsuit from the date of the occurrence or your claim will be forever barred. You will need to request the accident report on your own. If injured in the accident, you are well advised to hire a personal injury attorney to help pursue the case for you.... Read More

If this was a recent accident, how would you even know what the damages are to the other vehicle, or if the persons were injured in the accident? Was it a very serious accident? Did it result in any fatalities? How did the accident happen? Do you know if the occupants in the other car were injured? What about the occupants, if any, in your car? What is the amount of your civerage per occurrence/per person?... Read More

If you were a passenger and injured in a car accident caused by the driver or another vehicle, whether in Wisconsin or not, you can make a case for your injuries and medical expenses against the driver's insurance company. If you hire a lawyer in Wisconsin, and a lawsuit ultimately may be required, the attorney here would need to co-counsel with an attorney in the state where your accident happened to continue to pursue the case.... Read More

In wisconsin, you have the right to appeal a small claims decision from the court commissioner to have a new de novo hearing or trial before the trial judge, assuming the motion for new hearing is filed timely. If you already have done that, and you missed the court date in front of the trial court (judge) your remedy would be to file a motion to reopen under sec. 806.07, to be relieved of an order or judgment of the court. If based on grounds of fraud, mistake, inadvertence or neglect, such a motion must be brought within one year of the order or judgment or is otherwise barred under WI law.... Read More

Generrally, when you are backing out of a driveway, you owe the duty of care and do not have the right of way, if an accident occcurs. In this case, you were involved in an accident with a non-moving vehicle. They were parked, but it sounds from your description, either parked illegally or parked in such a way that they obstructed your driveway. There is fault on both your parts. Objectively, maybe it is 50/50. Since you have insurance, I am not sure why you wouldn't just pay your deductible and have your vehicle fixed. That is what insurance is for. The other positive thing about this, even though being in an accident is certainly a hassle and upsetting, is that no one was hurt.... Read More

It sounds like a freak accident; be thankful no one was hurt or seriously injured. People have lost their lives in similar accidents. If no one was injured, why would you be starting a civil lawsuit? Your only claim is for property damage. Assuming you have automobile insurance, I would just make the claim under your policy to have your car fixed. If you have no insurance, you will need to find out what construction company was working on this city project and make a claim against their insurance company. Were the police at the scene and would  a report be available?... Read More

Generally, anytime you are making a left hand turn and an accident occurs, you will be found primarily at fault if an accident occurs. Was the other vehicle traveling in the opposite direction as you? If you have no insurnace on the car and caused the accident, you can be held responsible for any damages you may have caused. There is a mandatory insurance law in the state of Wisconsin and you can be fined for not carrying insurrance. Under the Safety Responsibility Law, you can also lose your driving privleges, if you  cannot demonstrate that either (1) you have insurance or sufficient surety to cover the damages (2) become financially responsible to cover the damages or (3) prove the accident was not your fault. ... Read More

If you have your own automobile insurance, you may just want to pay your deductible and let your own insurance company pay for the damage. You can also try to get a copy of the police incident report which may list the owner information of the vehicle the drunk driver was using, and trying to contact them for their insurance information.... Read More