QUESTION
Who can I sue, the insurance company or the driver?
Asked on Sep 29th, 2015 on Automobile Accidents - Wisconsin
More details to this question:
My car was hit by a drunk driver while parked. 4 other cars were hit as well. The driver's insurance liability limit is only $10,000 and one of the cars that got hit took up 2/3 of the money. I want to a body shop his insurance wanted me to go to and got an estimate of about $2,485 to fix the damages to my car. Then the driver's insurance company sends me a letter telling me that they will only pay $1000. I have car insurance but not collision. I don't know what to do at this point. How can a car insurance company give out these type of policies? $10,000 isn't even enough to replace a brand new car that is totaled. By the way, this all happened in March and I didn't receive the property damage release until September after calling them several times. To me, 6 months is a long time to wait to get my car fixed.
1 ANSWER
4 Awards
Under Wisconsin law, you can sue the driver directly if there is inadequate insurance coverage to cover your damages; your chances of recovery against the individual is probably from a practical perspective, not good, but from a legal perspective, you have the right to pursue it. If under $10,000, you would file in small claims court; if over $10,000, a large claims lawsuit. If your car was totaled in the accident, the insurance company is only obligated to pay you the value of your car, not your loan payoff or what you might think your car is worth. You should have had your own insurance on the car, or you might not be in this predicament; your number at $10,000 also is confusing as under Wisconsin law, the minimum policy that they can write is $50,000. At least, that is my understanding.
Answered on Oct 01st, 2015 at 7:36 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com