Did your daughter have auto insurance and if so, has she contacted her insurance carrier? You need to talk to her insurance carrier immediately and determine (if you cannot do so by looking at her insurance policy) whether or not she had uninsured motorist coverage. She may have UM for property damage also. Call them today.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
If the other driver is at fault, you can sue her personally. Also, your own insurance policy may have a provision for uninsured motorists. If so, your own insurance company may reimburse you for the damages, including personal injury (if any). Have your daughter seek a personal injury attorney ASAP if she was injured. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
If your daughter is a car accident with an uninsured motorist, the options are to submit the matter under your own property damage coverage and/or uninsured motorist coverage for any injury claim. If you do not have property coverage, then a personal action can be filed against driver and/or owner of the car. One other option is to report the uninsured driver and/or car owner to the drivers license bureau and /or department of vehicle registration as some will suspend both until proof of insurance or payment on the claim is submitted. Call a local lawyer for the law in your state.
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You should contact your insurance company and ask them what the status of your case is. If your daughter was injured in the accident, then you may want to consult with an experienced car accident attorney to review your options and advocate on her behalf. Best of luck.
I'm assuming from the question a choice was made to run without full coverage on your daughter's car. This is, unfortunately, the risk you take when you choose to do so. After checking for UM/UIM coverage on your own policy, you may also have recourse under WIsconsin's safety responsibility law.
Otherwise, suing the responsible party and trying to collect may be your only remaining option, and if the at fault party had no insurance, they may not have any assets to collect from either.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Being involved in an uninsured accident is possibly one of the best reasons to file bankruptcy. If you do nothing, the opposing driver (or insurer) can have your driver's license and vehicle registrations suspended if you do not post a cash deposit in the amount of their estimated damages, lost wages and medical bills. However, a chapter filing early in the process will prevent the license loss or, if you were already revoked, allow you to reinstate, assuming that you were not driving drunk at the time of the accident. You should therefore promptly protect yourself by consulting with an experienced bankruptcy lawyer. Such a lawyer can also assist you in negotiations if you prefer that route, or defend the claim, but that usually costs far more than the bankruptcy with far more uncertain results. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email firstname.lastname@example.org) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at http://www.lawguru.com/answers/search/attorney/jknixonwww.jayknixonlaw.com. View over fifteen years of my past answers at Answers may contain attorney advertising materials.
My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at www.jayknixonlaw.com, or view over 15 years of my previous answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.
Was your daughter injured in the accident? Even if she didn't have collision coverage, she has uninsured motorist coverage is she had insurance. Contact me and I'll answer any questions you have.
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