Home > Research Legal Advice > Car / Auto Accident > I got in a car accedent last night and both of us dont have insurnce im ...
Asked 4 months ago - Eau Claire, WI
Flagwhat cant i expect she went to the hospital n they found nothing wrong with her. her car is worth about 3000
When a Wisconsin driver without insurance is in a significant accident, either party can file a request for the state DMV to assess damages against the party at fault (see http://www.dot.wisconsin.gov/drivers/drivers/tr...). If the at fault driver does not pay a damage deposit to cover these amounts, the state can suspend is driver's license and vehicle registrations. As long as the driver was not drunk, however, he or she can avoid loss of license via a chapter 7 bankruptcy filing, provided that he is eligible. You should therefore immediately schedule an appointment with an experienced bankruptcy lawyer. My answer here does not make me your lawyer, so you need to consult one of your own before acting upon this. For further discussions, you may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. See over 15 years of my previous answers to consumer questions at http://www.lawguru.com/answers/atty_profile/vie.... Attorney answers may contain advertising materials.
Stop admitting liability, and follow the link Attorney Nixon posted to read about WI Safety Responsibility Law. Unless you were very close to the tipping point financially before this crash, it is not clear to me that being required to pay for damage to an inexpensive car, plus the cost of an ambulance ride and an ER bill will be enough to tip you into bankruptcy. I'd suggest waiting for correspondence from the DOT, or a demand letter from the other party, and then immediately consult an attorney about your options, which besides bankruptcy might also include contesting the amount owed at a safety responsibility hearing, and/or negotiating a DOT approved payment plan.
Driving without insurance in WI is illegal, so even if you weren't cited, you need to take care of that as well.
Good luck.
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