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Wisconsin Car Accidents Questions & Answers

1 Answer | Asked in Car Accidents and Bankruptcy for Wisconsin on

Q: I sued the person who hit my car for $7500.00, it became a default judgement because she did not show up in court.

I received a notice in the mail in regards to her filing chapter 7. Is there anything I can do? The paper stated that I can file a motion but will that help me?

Jordan Ash answered on Jun 13, 2019

Unfortunately there is nothing you can do unless there was alcohol involved in the accident. The person is allowed to discharge (wipe out) the debt that they owe you for the accident unless it involved alcohol (DUI).

1 Answer | Asked in Car Accidents for Wisconsin on

Q: If you sell a car while in the process of investigating a claim. does that negate the claim?

Our car was left inoperable because of a faulty speed bump. We filed a claim with the city and during the investigation process, we had to sell the car to the body shop. Does that negate our claim? We owned the car when we filed the claim.

Tim Akpinar answered on Feb 15, 2019

It shouldn't automatically serve to invalidate the claim, but it could be a source of problems if the city/town/other defendant wants to inspect the vehicle to verify damages described in the claim. At this point, preserve whatever evidence you still have (vehicle photos, repair estimates, work... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: If you are involved in a hit and run with a parked car, should you turn yourself into police?

Peter N. Munsing answered on Dec 28, 2018

If police responded I'd consult with an attorney who handles those matters first to see if you can work it out with the owner of the car directly or if they are looking for you.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Wisconsin on

Q: I feel that my insurance company delayed paying my claim and now I am out of a vehicle.

Accident was august 25th. Insurance company was fighting with the towing company for two months to get my car released. It finally got released but they deemed it totaled. The estimate was only 5000 to get it fixed but the cash value of the car was almost 8000. They didn't tell me where my car was... Read more »

Tim Akpinar answered on Nov 22, 2018

The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.

Tim Akpinar

2 Answers | Asked in Car Accidents for Wisconsin on

Q: How much is it possible to get for pain and suffering in a car accident?

Frank Pasternak answered on Jun 26, 2018

Under Wisconsin personal injury law, a person who's injury was caused by the negligence of another may recover that sum of money that a jury decides will fairly and reasonably compensate them for their past pain, suffering, disability and/or disfigurement. That sum includes damages related to... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on

Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?

David Alan Wolf answered on Jun 15, 2018

If the driver / owner of the vehicle can be identified, there can be a case against the driver / owner. If the driver / owner cannot be identified, there may be an Uninsured Motorist insurance claim if this coverage was purchased by the injury victim or a resident family member. There may also be... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Wisconsin on

Q: Car accident. Advanced spine issues from mild-to-moderate now moderate-to-severe. She was charged with 100% of accident.

If I take an attorney and agree to pay 33%, could I end up loosing money by having to pay the attorney more than what will cover my bills?

Peter N. Munsing answered on May 22, 2018

Contact a member of the Wisconsin Assn for Justice--they give free consults. Normally settlement is structured so that you get at least 1/3.

However doing it yourself means you may well give the other side information it will use against you, you will get things wrong, and you will be...
Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: Should a person have a lawyer at a hearing when a man was killed in an accident?

The person, an 83 year old woman has been given 2 tickets: one for failure to stop at a stop sign and one far not yielding right of way.

Peter N. Munsing answered on Apr 4, 2018

You should at least consult one. Loose lips sink cases.

However, if you were hurt call a member of the Wisc. Assn for Justice--they give free cosultsl

1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for Wisconsin on

Q: Is a LLC liable for injuries caused by it's uninsured vehicle driven by the owner of the LLC in Wisconsin?

I was on the sidewalk when I was struck by a car backing out of the driveway

Emmanuel Muwonge answered on Mar 16, 2018

I believe that the LLC may be or may not be liable for injuries caused by its uninsured vehicle driven by the owner of the LLC in Wisconsin. First, whether the vehicle is insured has nothing to do with the liability question. Rather, liability for the accident and accompanying injuries is a... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: I was in an an accident where I was found at fault. I had no insurance so now I owe State Farm. How to settle this?

Who can I contact to settle this with them? My license is suspended now and I just want this over with.

Emmanuel Muwonge answered on Mar 1, 2018

You may contact the lawyer whose name appears on the paperwork regarding the judgment taken against you. You may also contact State Farm directly requesting they tell you who you need to speak with regarding a judgment taken against you. If the judgment was taken in Small Claims Court, contacting... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: What kind of lawyer do I need?

I am not sure what kind of lawyer I need but I was in a car accident where I did hit a car and I was not insured now progressive is suing me. I am a low income mother of 3 and i need help to make sure I am not bullied in court or getting taken advantage of.

Emmanuel Muwonge answered on Feb 6, 2018

If I assume that you are being sued in Small Claims Court for an amount of damage that does not exceed $10,000.00, I would recommend you speak with and or retain someone who practices in Small Claims Court. Having said that, you may also wish to consult with a Bankruptcy lawyer but that will depend... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on

Q: If I got injured in a car accident due to the other driver's negligence but they have insufficient insurance coverage to

pay my medical bills, am I allowed to sue the driver directly for the remainder?

Emmanuel Muwonge answered on Feb 6, 2018

Yes. You may file a claim over and above the amount of the special damages in this case, your medical bills. If for example the medical bills are $30,000.00 and the medical pay provisions of the applicable insurance policy are $25,000.00 and the liability coverage is , for example, $50,000.00,... Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for Wisconsin on

Q: I received 3 citations the DA offered me to take the failure to report an accident or failure to keep vehicle under

Control and hit and run of property adjacent to a highway or vice versa whats better

Emmanuel Muwonge answered on Feb 1, 2018

Without additional facts and circumstances which led or may have led to the accident in question, I am inclined to believe that you are better off taking the "failure to report an accident". The Failure To Report an Accident does not directly involve your operation of your vehicle as it is... Read more »

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1 Answer | Asked in Car Accidents and Small Claims for Wisconsin on

Q: I borrowed my friends sisters car. While i loaned it I had got into accident she did not have insurance and wants to sue

Can she sue even though she lied about having insurance? She's taking me to small claims for 5000 when the shop her car is at 5old me it's only $900 to fix I even bought her a car till she could get hers back and is also trying to sue for registration fees due parking tickets.

Emmanuel Muwonge answered on Jan 23, 2018

She is suing or can sue for damage to her vehicle. I don't know whether her alleged lying about insurance led you to take the vehicle such that you relied upon representations it was an insured vehicle. That notwithstanding, I don't see the relationship between her lying about insurance coverage... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: I had a coworker hit my car and told me she would pay in full.2 months later she says she doesn't want to. what can I do

She is on SS and did not want her insurance to be raised so we didn't get them involved.

Emmanuel Muwonge answered on Jan 11, 2018

Unfortunately, it appears you failed to call the Police who would have taken down the information and issued a Police Report. Nonetheless, you may want to go to the Police Department near you and report the accident so that there is an official record. If you have photographs and names of witnesses... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on

Q: This is a question about fault of an accident when the roads are icy.

Last night my daughter was driving home from work. It was 9:15 pm. A car drove along side her and waved. My daughter thought she knew the passenger and waved back with her left hand. At the same moment she hit a patch of ice and spun into the passenger side just before the door. The driver insisted... Read more »

Peter N. Munsing answered on Jan 2, 2018

Your daughter would do well to contact an attorney who handles tickets in the county court where it will be heard to see if it can be reduced to a non point.

She should not give a statement even to her company until she speaks with an attorney as the recording could be used by the other...
Read more »

1 Answer | Asked in Wrongful Death and Car Accidents for Wisconsin on

Q: Would a car making a right turn be at fault if they crossed into the left lane and then turned right.

Peter N. Munsing answered on Dec 26, 2017

Normally. However if you aren't sure, and you were hurt, why not call a member of the Wisc. Assn for Justice--they give free consults. Most intersection collisions depend on who is where, when.

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Wisconsin on

Q: How long can a person hold a claim open on you from an auto accident?

My son was driving my daughters truck. hit a pedestrian. My daughters truck was under my husband and my auto insurance. My son had his own auto insurance. This accident happened 11/29/2015. My sons auto insurance paid out the policy limits but the party that was hurt refuses to sign off my son. I... Read more »

Emmanuel Muwonge answered on Nov 2, 2017

Thank you for your question. Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file suit. If however, the victim was an adult, the statute of limitations is 3 years from the date of the accident or from the time s/he could... Read more »

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1 Answer | Asked in Bankruptcy and Car Accidents for Wisconsin on

Q: had a car accident that was essentially my fault and I have no insurance can I file bankruptcy before they sue or after

I lost my license and my job because I mobile security and now I really can't pay and if I do file bankruptcy will I lose my tax refund?

Peter N. Munsing answered on Oct 31, 2017

Essentially isn't necessarily. First, you don't file until you have to. Second, consult a consumer attorney who handles bankruptices so you know what you'll need, what your options are.

You want to talk to an attorney about the license issue--unless you were dui it may be possible to get it...
Read more »

2 Answers | Asked in Stockbroker Fraud and Car Accidents for Wisconsin on

Q: Can a woman receive 60000 from a car accident and keep the money, to buy a new car now now has 2 cars have many surgery

Leaves her 5 kids home alone 24/7 to go lay up with this dude she also has her brother living there which is a section 8 house. The brother has ties wirh the gangs. I think she needs be be re evaluated for receiving the state funds. There is nothing wrong with her nor her kids. I know people that... Read more »

William Head answered on Aug 22, 2017

Yes.

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