Skip to main content

How do you approach taking someone to court when they have caused an accident and were NOT cited for it?

Saukville, WI |

Some hit me with no insurance, no license, and the vehicle they hit me with was not their's. The police cited said person with failure to yield right-of-way, inattentive driving, disregarded traffic control, driver condition (ability impaired) and operating a vehicle without a license (2nd offense in 3 years). My vehicle was totaled and I only had liability insurance, no uninsured or under-insured. How do you take them to court? Do I just file a judgement?

+ Read More

Attorney answers 6

Posted

You have to start a lawsuit, before you can get and file a judgment. Try small claims court.

In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

Posted

You have to file a Complaint against them. Many court houses have self-help centers to help you with the process and paperwork. You want to move quickly as there are strict time limits (statute of limitations) involved.

Posted

In Wisconsin if you have liability insurance you will also have uninsured motorist. It is required by Wisconsin statutes. An attorney can help you with the UM claim and persuing the uninsured driver for the property damage. Contact an attorney soon.

Posted

A local Saukville personal injury lawyer can help you get the UM money.

Posted

Were you injured? Was the defendant charged with any criminal offenses? Did you talk to the prosecutor about restitution?

I would suggest that you consult with a local personal injury/property damage lawyer to discuss your options.

It is likely that you will have to file a law suit against the other driver to have a reasonable chance at collecting. With that said, you should ask the lawyer you consult to do an asset check on this driver to determine whether he has assets that could satisfy a potential judgment. Good luck.

Posted

Absent an available UM claim as referenced in prior posts, it may not be worth the time and effort pursuing a judgment that you may never be able to collect. Check and see if this person was charged criminally. If so, then contact the applicable District Attorney's office to see about a restitution claim.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer