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Wisconsin Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Wisconsin on
Q: I was involved in a minor parking lot accident on private property. I was uninsured, the person who hit me is at fault

I was parked and in the process of reversing, and my vehicle was greater than 50% pulled out of a parking space at an angle and the claimants vehicle hit my left bumper corner with their left bumper corner.

This incident is captured on two surveillance camera angles. Today the insureds... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. You're correct about the general recommendations out there involving communications. However, in minor fender benders where the stakes are not as high as major injury cases that will find themselves in trial in... View More

2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Wisconsin on
Q: Car damaged by a porta-potty during a storm. Who would be liable (company who rented, the porta potty company, or both)?

We woke up the next day after a storm with high winds and found our car damaged by a porta potty that was originally down the street. The porta potty ended up in our yard/against our car. We contacted the porta potty company, who is offering only half the cost to repair the car. This is a new build... View More

Michael Hupy
Michael Hupy
answered on Jan 7, 2025

Determining liability for the damage caused by the porta-potty during the storm can be complex, and it largely depends on several factors, including contracts, local laws, and whether negligence was involved. Here’s an overview of the potential liable parties:

1. Porta-Potty Company:...
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2 Answers | Asked in Car Accidents for Wisconsin on
Q: I was in a car accident on 10/15/2024. The other person was at fault (stated by the reporting officers).

I've been waiting on the police report since then in order to start my insurance claim. To date, the officer still hasn't given me any police reports , and a month after the incident when I contacted him he stated that he never filed the report because he forgot . If the insurance company... View More

William  Pemberton
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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

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1 Answer | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for Wisconsin on
Q: Been paying a stated value on my insurance of $20,000 for the past 7 years. In an accident on

May 29, 2024. Was totalled per adjuster. Won't pay the $20,000. Wants to pay around $6,000. " What the 2010 Avalanche is worth" per the insurance company. What do I do? I wracked up my left knee that I just had replace in 2/9/24. All I care about is getting my $20,000 for my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

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

1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: Vehicle I no longer own was in an accident but I'm listed as the owner. .

I reccieved a letter from a law firm assuming that I am the owner of a car involved in an accident. I have not owned the car since 2010. The lawyer for the client wants to know If I insured the vehicle. The client who caused the accident has never registered a vehicle in the State of Wisconsin.... View More

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

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

2 Answers | 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

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2 Answers | 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

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

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

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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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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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1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Wisconsin on
Q: Can I sue for damages in a hit-and-run accident?

I am planning to file a lawsuit against a person who was drunk driving and hit my car, then drove away before the police arrived. A police report places the man at fault, and I have photos and videos as evidence. While there were no injuries, the accident caused $1,500 worth of damages to my... View More

James L. Arrasmith
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answered on Jun 1, 2025

Yes, you can sue the at-fault driver for damages in a hit-and-run accident, especially since you have a police report, photo and video evidence, and a clear repair estimate. The fact that he was drunk and fled the scene only strengthens your claim, even if no injuries occurred. A \$1,500 property... View More

1 Answer | Asked in Car Accidents, Civil Rights, Employment Law and Personal Injury for Wisconsin on
Q: Can officers question a minor without a guardian present after an accident?

I am the guardian of a minor instruction permit holder who was involved in a car accident in which the minor was not at fault. The minor was driving, and I was injured as the passenger when another vehicle T-boned us coming out of a driveway. While I was in the rescue squad, officers who did not... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to be concerned. In Wisconsin, police officers are allowed to speak to minors without a guardian present during an investigation, especially in non-criminal situations like traffic accidents. However, the minor should never be made to feel pressured, intimidated, or... View More

1 Answer | Asked in Car Accidents, Criminal Law, Wrongful Death and Personal Injury for Wisconsin on
Q: Minimum sentence for failure to yield causing death in WI?

I was involved in an incident where I failed to yield at a stop sign, which resulted in a fatality. Two months ago, the court case concluded with a penalty of four points on my driving record and a fine of $1,397. However, new charges have now been brought against me. I’d like to know what the... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a difficult and emotional situation, and it’s important to understand the legal weight of what’s unfolding. In Wisconsin, failing to yield resulting in a death may be charged under different statutes, depending on how prosecutors frame the incident. While your original citation... View More

1 Answer | Asked in Criminal Law, Car Accidents and Personal Injury for Wisconsin on
Q: Friend threw a beverage at a car, needs advice on contacting authorities.

My friend threw a beverage at another moving car, but no injuries occurred. He has been told to contact the authorities regarding the incident. He is unsure if there are any charges or allegations against him. What should he say when he contacts the authorities?

James L. Arrasmith
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answered on May 14, 2025

Your friend is in a sensitive situation, and it's important to approach it with care. Even though no one was hurt, throwing something at a moving vehicle can still be taken seriously under the law. Before saying anything, your friend should take a moment to gather their thoughts and remain... View More

2 Answers | Asked in Bankruptcy and Car Accidents for Wisconsin on
Q: I got into an accident in 2021 and due to that accident my license is suspended and I have to pay over $6000.

I was considering bankruptcy. Is it possible to get a reinstatement after bankruptcy process is complete?

Timothy Denison
Timothy Denison
answered on Sep 20, 2024

Yes, it is after the debt has been discharged.

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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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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 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

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