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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?

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Attorney answers 6


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

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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.


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.


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


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.


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.

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