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Wisconsin Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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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

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

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...
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

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....
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

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

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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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

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1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: On Feb 14th a child 8 years old got grandma's car keys. He put it in reverse and went thru my sliding glass window.

Grandma did not have car or homeowners ins at the time. My apartment was boarded up for 49 days. I had to live in complete darkness. He stopped the SUV 2 1/2 feet from where I was sitting. I didn't suffer physical damage but a lot of emotional distress. I am in the care of my Dr. Do I have a... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2023

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

2 Answers | Asked in Collections, Insurance Bad Faith, Car Accidents and Small Claims for Wisconsin on
Q: Insurance fraudulent filings & collection = eternal servitude?

In 2016 I gave my child a vehicle. They were instructed to register it and get insurance. They did neither. Instead they were rear-ended, causing them to rear-end another while at a dead stop. In 2017 my child and myself were sued. 3 months later the suit was dropped, I assumed because my child... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 13, 2024

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.

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2 Answers | Asked in Bankruptcy and Car Accidents for Wisconsin on
Q: If I am filing for bankruptcy for a lawsuit from a car accident that I was at fault, do I have to respond to the summon?

I received a summons last month and I am in the process of filing for bankruptcy. Do I have to send an answer stating that I am filing for bankruptcy? Or do I not have to answer it?

J. David Krekeler
J. David Krekeler
answered on Aug 12, 2022

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

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1 Answer | Asked in Car Accidents and Criminal Law for Wisconsin on
Q: Greetings, In Wisconsin does Negligent Operation of Vehicle warrant probation?

I recently went to court for trial on a Class H felony. The public defender arranged a lower charge of negligent operation of a vehicle and 1count of Disorderly Conduct. I would like to know does this warrant probation?

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

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

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

I was injured when a car rear-ended me when I was waiting to make a turn. The insurance Comp is giving me the run around. Help!

William  Pemberton
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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

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1 Answer | Asked in Car Accidents for Wisconsin on
Q: Semi vs sedan accident

My dad hit a car with his semi truck and trailer. Driver and him agreed not to call the cops and for my dad to pay cash now he is asking for more money to fix the car. when we asked for an estimate, he refused.

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2022

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

1 Answer | Asked in Traffic Tickets and Car Accidents for Wisconsin on
Q: How do I fight a citation?

I was recently involved in a vehicle accident, and I would like to fight the citation for failure to yield when there's no yield sign one and two I was already in the middle of my turn when the vehicle came flying down the road.

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2021

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

1 Answer | Asked in Animal / Dog Law and Car Accidents for Wisconsin on
Q: Am I liable to vehicle damages if someone runs over my dog and damages their car?

While visiting family, upon arrival, my dog escaped the car and was run over by a motor vehicle. Now the vehicle owner is trying to fault me for over $2,000 in damages to their vehicle. Am I liable for this? There is no police report-the police were called and responded, however since the driver... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2021

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

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2021

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

1 Answer | Asked in Consumer Law and Car Accidents for Wisconsin on
Q: WI Stat 779.415(1g)(a)(a) Does this mean tow is $100 max and storage $10 per day max?
Nathan DeLadurantey
Nathan DeLadurantey
answered on Mar 1, 2021

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.

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Wisconsin on
Q: How can I know how many total tickets are actively on my record and do tickets out of state count against my license?

I have PTSD from a car accident I was in and after that I have struggled with anxiety while driving or being in a car and with speeding resulting in many tickets and having to take a non optional driving course. Why was this course non optional to me...was it because of so many tickets within a set... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

First, if it was PTS, suggest you look at getting EMDR therapy---

Google "psychology today, therapist EMDR ____________________" (insert name of nearest large town)

Second, if the crash wasn't your fault, you may have an injury claim.

Even if it was your...
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2 Answers | Asked in Car Accidents and Personal Injury for Wisconsin on
Q: I am a minor, me and my father are being sued for money from a car accident I was deemed at fault for. What will happen?

I do not have a job currently. My father however has money. He did not authorize me to drive when I got into the car accident. The car is mine but in his name since I am a minor. The woman filed a claim with our insurance but was denied. So now she is coming after me and my dad. If she were to win... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2020

A Wisconsin attorney could answer your question best, but your post remains open for four weeks. There is a lot to sort out here, and it would be difficult to predict what would happen at this point. You probably have by now, but if not, you and your father should arrange a consult with a Wisconsin... View More

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1 Answer | Asked in Car Accidents for Wisconsin on
Q: I was in a car accident in WI and it was not my fault (truck driver was cited). My insurance and license is in MA.

I alerted my insurer, Geico, about the accident but filed claim with Secura, the insurer for the truck driver, because Geico said I would have to pay deductible if I filed with them. Secura has been dragging their feet on doing anything. They have not yet had the adjuster look at car and it has... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2020

It's a wisconsin question. Contact a member of the Wisconsin Trial Lawysers Assn/Assn for Justice for the county where it happened about your injuries. Run it through GEICO, who are being disingenuous as they know that they can get the $$ from Secura AND your deductible back. You need things... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Wisconsin on
Q: I was in an car accident but it wasnt my fault now the other driver insurance says im still 30% is that accurate

I was in an car accident, i was not at fault. The other driver who was at fault was at fault cause she failed to yeild right of way. Now her insurance wants to only be liable for 60% of the outcome then there adjusters came and looked vehicle and the cost of repairs is more the what the car is... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2019

A Wisconsin attorney could answer best, but your question remains open for four weeks. No one can predict how a court would rule on the matter. It's a decision you have to make based on the value of the car, in terms of what the percentage pans out to in terms of dollars and cents - and what... View More

1 Answer | Asked in Car Accidents for Wisconsin on
Q: Can i sue for damages for auto accident if other person was at fault

I was in an car accident, i was not at fault. The other driver who was at fault was at fault cause she failed to yeild right of way. Now her insurance wants to only be liable for 60% of the outcome then there adjusters came and looked vehicle and the cost of repairs is more the what the car is... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Sep 27, 2019

Yes you may sue for damages because you were not at fault. The only issue I would be concerned about given the facts as laid out is whether or not you were speeding. That would be relevant because, when speeding, you forfeit the right of way you otherwise may have had. The right of way is not... View More

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