Hit by Uninsured Motorist - Advice?

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ubiquity
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Hit by Uninsured Motorist - Advice?

Postby ubiquity » Thu Nov 08, 2007 2:42 pm

Hi, all -

This weekend, I was hit by an uninsured motorist who blew through a red light on a major Madison street. I just got word my vehicle will be totaled out. The guys at the body shop concluded, as did I, that she was going at least 40 MPH when she hit. I don't think she saw me until she smashed into me (I saw her, however, and swerved - the only thing that has me walking and the only that probably has her alive).

I am not of a litigious nature, generally speaking, but I'm pretty upset by all of this. Driving sans insurance is technically not illegal in Wisconsin (as insane as that sounds), but when you hit someone, hurt them and damage their property, you must be prepared to make up for what you've done.

I'm out time at work, I'm going to have doctor bills, my family members who came to help also are out their time, and whatever payout I receive will not get me a car of equal caliber, so I'm going to be shelling out a few grand on that front, too.

What advice do people have in a case like this? I'm not sure how to proceed with regard to the person that hit me, but also with regard to dealing with my _own_ insurance company - who, I imagine, isn't going to bend over backwards to give me an awesome deal on my totaled vehicle.

Damn it all.
:o(

Michael Patrick
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Postby Michael Patrick » Thu Nov 08, 2007 3:06 pm

Time to lawyer up... A lawsuit like this isn't something you'd handle on your own. Alternatively, your insurance company may handle it. Either way, talk to your agent I'm sure they've been through this kind of thing before...

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 3:09 pm

Michael Patrick wrote:Time to lawyer up... A lawsuit like this isn't something you'd handle on your own. Alternatively, your insurance company may handle it. Either way, talk to your agent I'm sure they've been through this kind of thing before...


I'd love to take some names on good local accident-type attorneys.

Henry Vilas
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Postby Henry Vilas » Thu Nov 08, 2007 3:19 pm

Talk to your agent. Their legal department will try to get back any insurance payment that you might receive. You can always hire your own lawyer later.

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 3:22 pm

Henry Vilas wrote:Talk to your agent. Their legal department will try to get back any insurance payment that you might receive. You can always hire your own lawyer later.


I am talking to my agent, and they will be suing her to recoup the money they pay out to me for my car, etc. But it's not going to cover everything, to be sure. That is why I am asking about getting my own lawyer, too.

pulsewidth modulation
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Postby pulsewidth modulation » Thu Nov 08, 2007 3:25 pm

Get a lawyer who specializes in this sort of thing. You're describing a whole lot more than a simple fender bender. Stuff like this takes time, money, and experience... Hire a pro.
Last edited by pulsewidth modulation on Thu Nov 08, 2007 3:27 pm, edited 1 time in total.

Learned
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Postby Learned » Thu Nov 08, 2007 3:26 pm

Michael Davis at Dewitt Ross and Stevens.

Phone: (608) 252-9344
Fax: (608) 252-9243
Email: mrd@dewittross.com

He's good.

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 3:27 pm

Learned wrote:Michael Davis at Dewitt Ross and Stevens.

Phone: (608) 252-9344
Fax: (608) 252-9243
Email: mrd@dewittross.com

He's good.


THANK YOU.

auntgoodness
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Postby auntgoodness » Thu Nov 08, 2007 3:30 pm

Maybe your insurance company will fix you up and go after her to recoup the costs.

I missed a stop sign and hit and totaled someone else's brand new car without having any insurance of my own in 1999. Please don't lecture me--I was on my way to sell my 20 year old car for $200 that day.

Anyway, I talked to a lawyer and was told I would most definitely be legally screwed if I didn't make some effort to pay the other guy's insurance company back. After some haggling and tons of estimates, we agreed on a total and a payment plan. I still have six years of payments left. Ouch.

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 3:32 pm

auntgoodness wrote:Maybe your insurance company will fix you up and go after her to recoup the costs.

I missed a stop sign and hit and totaled someone else's brand new car without having any insurance of my own in 1999. Please don't lecture me--I was on my way to sell my 20 year old car for $200 that day.

Anyway, I talked to a lawyer and was told I would most definitely be legally screwed if I didn't make some effort to pay the other guy's insurance company back. After some haggling and tons of estimates, we agreed on a total and a payment plan. I still have six years of payments left. Ouch.


I won't lecture you because you are obviously aware of what can happen in said situation. A friend's partner was also in an accident with a junker of his, and is just finishing his payments on a fender-bender from three years ago.

While shopping around, he found he could get three months of liability coverage for only $80.

It's what this young lady should have done. Now she's screwed.

lysander
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Postby lysander » Thu Nov 08, 2007 4:27 pm

I have a feeling that you will be contacted via mail by some attorneys very soon.

But seriously, you can ask the state bar association to refer you to someone.
http://www.wisbar.org/AM/Template.cfm?S ... ntID=51220
Read this page even if you don't use it.

Oh, and when you get time (and more pissed off) contact your state representatives about sponsoring legislation to require liability insurance.

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 4:30 pm

lysander wrote:I have a feeling that you will be contacted via mail by some attorneys very soon.

But seriously, you can ask the state bar association to refer you to someone.
http://www.wisbar.org/AM/Template.cfm?S ... ntID=51220
Read this page even if you don't use it.

Oh, and when you get time (and more pissed off) contact your state representatives about sponsoring legislation to require liability insurance.


I contacted Fred Risser's office first thing Monday morning. I encourage others to do the same. Interestingly, it is the insurance lobby that is keeping mandatory insurance off the books in Wisconsin, so I proposed if they cannot/will not get a law passed to require it, they ought to create a bill barring insurance companies from raising rates on people who were hit by uninsured motorists, as I'm sure will happen to me.

Once, when I was rear-ended by someone, I had a ton of solicitations from lawyers, chiros and ambulance chasers. Now, when I need them, where are they?

gargantua
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Postby gargantua » Thu Nov 08, 2007 4:49 pm

The dignified-looking old guy on the TV said: "Call Hupy and Abraham......right away!"

He's so convincing I almost call them, and I don't even have a legal problem at the moment.

utopia
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Postby utopia » Thu Nov 08, 2007 6:23 pm

Plus, you should have (or have had) under- and uninsured motorist coverage on your policy. It pays out for just this sort of thing.

That way, you don't have to sue - your insurance company does it for you.

ubiquity
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Postby ubiquity » Thu Nov 08, 2007 7:23 pm

utopia wrote:Plus, you should have (or have had) under- and uninsured motorist coverage on your policy. It pays out for just this sort of thing.

That way, you don't have to sue - your insurance company does it for you.


Please - I understand this part of things. The point is that I may have call to sue above and beyond that, and possibly may have to fight my _own_ insurance company to be appropriately compensated.


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