Legal Question in Traffic Law in Wisconsin

un-insured accident.

My wife was in a traffic accident with an un-insured driver. A judgement was placed against her and she has not paid any of it. We were contacted by her lawyer, who stated she is willing to pay $50 per month so she can get her liscense back. We will not sign ANY agreement untill the full amount is paid(Over $3000) because we feel she will stop paying once her drivers liscense is returned. What are any laws regarding this situation and what steps should we take if any?

Thank you for your time and help.

~Tim


Asked on 9/30/06, 11:17 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Uninsured Motorists, Collecting on Damage Judgment

You should never sign any kind of legal document without having a lawyer examine it, including an installment agreement for an uninsured motorist to pay a damage judgment. The driver's willingness to make voluntary payments to you is a positive development which you should seriously consider, since drivers who cannot afford insurance are more likely to go bankrupt than most drivers. In a bankruptcy, you would usually get nothing. The State of Wisconsin requires uninsured drivers who might be at fault in an accident to post a deposit for the estimated damages or face loss of their driver's license. Payment of the claim over time under terms to which you agree prevents loss of license, as does bankruptcy. Default in payments by the uninsured driver can re-trigger the loss of license. A properly drafted installment agreement dealing with possible default can protect your rights in this situation.

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Answered on 9/30/06, 12:02 pm


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