Legal Question in Personal Injury in Wisconsin

can I take a minor to small claims court for totaling out my car if I didn't press charges with the police... even if the city pressed other related charges against them because I didnt file charges


Asked on 2/13/12, 5:29 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Generally, parents who have custody of a minor in Wisconsin will be responsible for damages caused by the minor, up to the amount of $5,000.00. You will still have to prove the negligence of the minor driver and that the negligence caused the damages that are claimed. Criminal charges or municipal violations really have not bearing on your ability to recover the damages. I would probably first contact the parents to find out if they are voluntarily willing to pay the damages, and if not, then you could sue both the minor and the parents in Small Claims Court, up to the amount of $5,000.00.

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Answered on 2/14/12, 8:19 am


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