Legal Question in Insurance Law in Wisconsin

Automobile Accident

I am being sued by another drivers automobile ins. company under a subrogation law suit over a accident in which there

was no contact with my vehicle and the other. I was not issued a ticket for being at fault in the accident either.

I realize I am liable up to a cetain % just for being there but they want me to pay for the all the damages. I normally do not drive without ins. but my summer car unexpect. broke and so I took my winter vehicle on this particular day which

did not have ins. at the time because it was summer and I usually don't drive it then. So I did not have insurance to cover this. What are my options if any? Please and thank you in advance for your time as I do appreciate any advice I can get.


Asked on 2/27/03, 12:54 am

3 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Automobile Accident

Hello,

I dont have many facts, so I can only help a little. Usually each driver has some fault, so

it does not seem reasonable for the other party to demand that you pay 100%. YOu can hire an attorney and defend the lawsuit, arguing that the accident was in part his fault, or try that yourself. I dont know what the amount of damages are that are claimed. If they get a judgement against you they can possibly collect off your wages, real estate or bank accounts. It depends on how much you have. Good luck, Mark J. Mahoney

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Answered on 2/27/03, 8:54 am
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Automobile Accident

You are not at fault "simply for being there." And, you owe the insurer nothing if you are found by a jury to be less negligent than their driver. If the case involves just you and the other driver, then you will end up owing your pro rata share (say 70% if you are found 70% at fault) of the damages. There are alot of issues involved in this and if the amount of money at issue is substantial you should probably hire an insurance defense lawyer. You may have a good case in which to argue that the other driver failed to control their car properly.

Contact me through my website if you need a referral to a defense lawyer. Good Luck. Wisconsin Personal Injury Lawyer - Frank Pasternak.

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Answered on 2/27/03, 10:49 am
JAY Nixon nixon law offices

Re: Automobile Accident

Unless you recieved a drunken driving ticket or are guilty of other flagerant misconduct, a claim of this sort may be dischargeable in bankruptcy for a small fraction of what it would cost to defend the claim. The benefit of bankruptcy over defense is is that it is a "sure thing", whereas you could spend thousands on defense and still end up losing (and again looking at a bankruptcy). Unless you are extremely wealthy, a good bankruptcy lawyer could protect most if not all of your assets.

I would need a lot more information on how the accident occurred before I could give an opinion on how defensible the claim is. Generally speaking, the lack of contact will help you, unless you created a legitimate emergency situation by your driving.

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Answered on 2/27/03, 5:40 pm


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