William Pemberton Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2024

I’m sorry to hear about the challenges you’re facing—it’s a frustrating situation to be in. To address your question, you do not need a police report to pursue a claim against the at-fault driver. While a police report can be helpful, it is not the only way to prove what happened in the... View More

A Wisconsin attorney could advise best, but your question remains open for two weeks. It sounds like an unfair outcome, but in stated value policies, there could be provisions for carrier to pay either stated value or ACV (actual cash value). One option is to review your policy with a Wisconsin... View More

A Wisconsin attorney could advise best, but you posted last week - and your matter needs prompt attention. Let the attorney know that you no longer own the vehicle. Contact your state's Department of Motor Vehicles to ask them to check if there are any records of you transferring vehicle or... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

I'm sorry for the loss of the driver - it would probably be best to review the policy thoroughly, with an attorney if necessary, to find out exactly what benefits it includes. There are certain statutory minimum coverages included in auto policies across the nation, governed by state law. But... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged.... View More

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More

Yes, it is after the debt has been discharged.

You are on the hook. Whatever you are paying apparently isn't reducing the principal. I fail to understand why plaintiff's attorney will not provide you a balance. What they won't do is send you a monthly statement.

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It appears that you have a straightforward case for the property damage. However, recovery is another issue, with the vehicle owner having neither auto or homeowner's coverage.... View More

The answer to your question depends upon the facts. You generally would want to respond to the summons and complaint, as you do not want a judgment entered against you. While that judgment under Wisconsin law can be satisfied after you receive a bankruptcy discharge, I am not sure that you are... View More

A Wisconsin attorney could advise best, but your question remains open for two weeks. But based on the category chosen for the post, a car accident attorney is not likely to know this. They deal more with the civil law aspects of pursuing monetary damages, not criminal charges. You could repost... View More

William Pemberton Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2022

Sorry to hear you were injured. Auto accident cases can be complicated and the at-fault insurance company is not looking out for your best interests. I would highly encourage you to reach out to a Wisconsin personal injury attorney that can help assist you. I would try to hold off on speaking to... View More

A Wisconsin attorney could advise best, but your question remains open for three weeks. I'm sorry this happened to your dad. He may want to consider a consult with an attorney because this might not end here. If the matter continues unresolved, or the other person develops injuries, then... View More

A Wisconsin attorney could advise best, but your question remains open for four weeks. By now, you may have already involved a traffic ticket attorney to challenge the citation. As a general matter nationwide, there are settings where a yield sign is not necessarily required for such a... View More

A Wisconsin attorney could advise best, but your post remains open for two weeks. You could look into whether a local attorney would offer you a brief consult to explore your best defenses, if any exist. I'm glad your dog survived; I'm very sorry that someone would come after you for the... View More

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... View More

Without more facts, it is difficult to answer your question. The statute has different application depending on the type of the vehicle, and other facts surrounding the vehicle.