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  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Accident with No Insurance on Either Vehicle

    My question involves an accident that occurred in the state of: La Crosse, Wisconsin

    The accident/Dilemma:
    I was in a motorcycle accident in December 2019. My motorcycle was registered in my name. My insurance was lapsed so I had no coverage. License suspended as well (did not know yet). I got tickets for driving on a suspended and failure to maintain control of vehicle. Driving on a suspended was dropped to driving without a valid license, failure to maintain was dropped totally. The boat I hit was not registered in the guys name and had been over a year since he bought it. Also he doesn't have proof of ownership before the accident. He also does not have insurance on it and it was parked on the street attached to his truck overnight. The person who was on the title on the date of the accident wants nothing to do with it. Boat NADA value is $1200. They are trying to get a little over $10,000 off me.

    My questions:
    They are sueing me for property damage. Is this just a big waste of time? Do you think I will owe them any money, keeping in mind the boat wasn't in their name. if so how much, $10,000 or the value of the boat? Is it worth getting a lawyer for or should I just wait and see what happens with the first court date? And also can I be arrested if I can't pay or would they just send me to collections like everyone else someone owes money to?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,136

    Default Re: Accident with No Insurance on Either Vehicle

    They are sueing me for property damage. Is this just a big waste of time?
    Apparently not for them.

    Do you think I will owe them any money,
    Yes. You hit it while it was parked. Fault is not in doubt from a liability standpoint. Doesn't matter what happened with the citations.

    keeping in mind the boat wasn't in their name.
    Doesn't have to be in their name to have suffered a monetary loss for which you are responsible.

    if so how much, $10,000 or the value of the boat?
    The Actual Cash Value (market value) of the boat. The $10,000 is the small claims limit. I don't see how they will justify that in court. Make sure you have documentation of the value. Bring ads for comparable boats.

    Is it worth getting a lawyer for
    Never hurts to get a free consult. But to pay for one in small claims court probably isn't going to be worth it.

    or should I just wait and see what happens with the first court date?
    Again, make sure you bring ads for comparable boats.

    And also can I be arrested if I can't pay
    No. There is no debtor's prison in the US.

    or would they just send me to collections like everyone else someone owes money to?
    Before they do that they are likely to file for wage garnishment. Keep in mind that judgments are enforceable for 10 years in Wisconsin.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Accident with No Insurance on Either Vehicle

    Quote Quoting ChrisMoto
    View Post
    They are sueing me for property damage.
    Who are "they"?


    Quote Quoting ChrisMoto
    View Post
    Is this just a big waste of time?
    The person(s) who are suing you obvious don't think so, and there's is the only opinion that matters.


    Quote Quoting ChrisMoto
    View Post
    Do you think I will owe them any money, keeping in mind the boat wasn't in their name. if so how much, $10,000 or the value of the boat?
    When a person damages someone else's property, the owner of the property is entitled to the cost of repair or the fair market value of the property, whichever is less. The likelihood that you'll be found liable depends on the relevant facts, although I agree with "adjusterjack's" comment in this regard.


    Quote Quoting ChrisMoto
    View Post
    Is it worth getting a lawyer for or should I just wait and see what happens with the first court date?
    What's happening at "the first court date"? Regardless, yours is the only opinion about this subject that matters.


    Quote Quoting ChrisMoto
    View Post
    can I be arrested if I can't pay
    No.

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