• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Other person wants ten grand-Accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

savagefever

Junior Member
What is the name of your state? Wisconsin

I was involved in an accident in Nov of 2005. At the time my coverage on my vehicle had lapsed and I was not aware at the time. I was driving my summer convertible.

The other driver had a presense of alcohol as did I ( from 2 drinks at the bar) and was given a breath test, I did not receive a DWI. Although I was told I could leave the scene of the accident given I had a ride home and could leave my car there til morning to get towed.

The other guy drove home in his vehicle.

I came to an intersection and was turning left onto a ramp to merge wit h an interestate. THe arrow was green as I approached it and when I came to the line (I cold not stop) it turned yellow. I went through the light and out of no where this truck goes through the intersection and I hit him.

The police came and I was cited for failure to yeild to a traffic signal.

THe insurance company took 9 months to even contact me about the accident and they never sent anything about it until about 2 months ago when I was sent a threatning letter saying they was ten grand in damages. I received 12,000 in damages to my car. He also had alcohol on his breath so shouldn't he be just as liable?

I got a letter from the DOT today saying they are going to suspend my license and my registration because of this.

They never gave me a chance to fight it. I asked for proof and they sent a copy of the police report (which does not help except that I now know he was drinking). THe report doesnt say that I was 100% to blame just that I impacted him making a left hand turn.

I don't have 10,000 to pay for this.....can anyone help me?
PLEASE???!!!
 


justalayman

Senior Member
THe insurance company took 9 months to even contact me about the accident and they never sent anything about it until about 2 months ago when I was sent a threatning letter saying they was ten grand in damages. I received 12,000 in damages to my car. He also had alcohol on his breath so shouldn't he be just as liable?

I got a letter from the DOT today saying they are going to suspend my license and my registration because of this.
Ok. that is fairly typical in many states.

They never gave me a chance to fight it.
Your chance to fight it is now. If you refuse to pay, they will sue you and you will get your day in court to argue why you believe you should not be liable for the damages.

I asked for proof and they sent a copy of the police report (which does not help except that I now know he was drinking). THe report doesnt say that I was 100% to blame just that I impacted him making a left hand turn.
It sounds as if it was your fault and that neither of you were cited for drinking and driving which would make me believe it will not have a major impact on anything nor was it considered as a contributing factor of the accident.


Bottom line: if you believe you are not at fault, go to court and contest things.

If you are at fault, find a way to pay or make payment arrrangements.
 

racer72

Senior Member
Your license suspension and registration suspension is called an administrative suspension, it is automatic for anyone involved in an auto accident, fault is irrelevent. There is no way to fight this in your state, your option is to contact your insurance company and get an SR-22 filing. Submit this to the state and your priveliges will be restored.
 

efflandt

Senior Member
I grew up in Wisconsin, and at that time over 30 years ago, if you did not have insurance when you had an accident, you had to post $25,000 bond (or lose your license), regardless whose fault it was, until it was settled.

I don't know how you got away this long before the possibility of losing your license came up. But since you did not have insurance, you have to provide your own legal defense at your cost if you are not willing to pay what they ask.
 

ecmst12

Senior Member
The accident will most likely be deemed your fault for going through the yellow light. The other driver will say his light was green (though neither of you are particularly credible due to drinking) and you were cited.

Your license is being suspended because you didn't have insurance; it really did lapse so you can't fight that.

You can ask for estimate/proofs of what the other person's insurance paid out, if they haven't sent it to you already. You can let them sue you and try to win in court, but I don't think you have much chance of that.
 

savagefever

Junior Member
Your license suspension and registration suspension is called an administrative suspension, it is automatic for anyone involved in an auto accident, fault is irrelevent. There is no way to fight this in your state, your option is to contact your insurance company and get an SR-22 filing. Submit this to the state and your priveliges will be restored.
Whats an SR-22? My insurance stated that they would not help with this whatsoever so I am at a loss.....
 

ecmst12

Senior Member
It's some kind of form that gets filed with the state that's required after certain violations. It WILL raise your insurance rates.
 

alnorth

Member
Whats an SR-22? My insurance stated that they would not help with this whatsoever so I am at a loss.....
You probably did not ask about an SR-22. Your insurance company probably thought you meant help regarding defending against the claim or help investigating the accident. Forget the accident for a moment, whatever you do or dont have to pay, you'll eventually need insurance if you want to drive again, and the only way to get your driver's license back is to pay a ton of money for insurance with SR-22. If your insurance company doesnt sell SR-22 insurance, someone will. They basically file a form with the state saying you are now insured, and the moment you cancel or let the policy lapse or it expires because you fail to pay, the company will send the state a letter saying you let your insurance lapse, and the state will then take your license away again. How long you need to have an SR-22 filed before you are clear to get normal insurance varies from state to state.

SR-22 info from the WI DOT: www.dot.wisconsin.gov/drivers/drivers/apply/doc/proof-of-ins.htm
 
Last edited:

savagefever

Junior Member
What if it states that I have to pay the amount in full before getting my license back? Doesn't that mean an SR-22 will defeat the purpose?
 

alnorth

Member
http://www.dot.wisconsin.gov/drivers/drivers/traffic/sr-law.htm

From the WI DOT site, they will also want you to pay the damage caused by your uninsured at-fault accident in addition to getting SR-22 insurance. You may have to work out some kind of installment payment agreement and show the state that you are making payment arrangements.

Alternatively, if you fight the lawsuit in court and win, proving you were not at fault, then you will get past the DOT requirement to repay damages, but the SR-22 isn't negotiable. You were in an accident without insurance, and now regardless of what you may or may not owe, you MUST have SR-22 insurance in Wisconsin for a few (looks like 3) years or they won't reinstate your license.

If you want to drive again, you will get SR-22 insurance, in addition to whatever else they want you to pay or do.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top