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Registered
Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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I'm licensed in Wisconsin, but I wouldn't want to take a PI case there. The Habush firm is as good as any. They're on the cover of every phone book in Milwaukee and half their billboards.
The bad woman is probably not insured. If she is a realtor, she is almost certainly an independent contractor with the agency, which means she's not employed by the agency and may not be required to be insured. Even if she is, her agency won't have the authority to enforce the rule.
What she needs to do is turn the case over to her own insurance company and make an uninsured/underinsured motorist claim and let them find coverage if there is any. Wisconsin is a Med Pay state, so there should be at least $2,000 in medical coverage for any of her injuries paid directly by her own insurer without regard for fault. Her insurance pays that portion of her medical bills as coverage to her, even though it isn't her fault, and it doesn't raise her premiums to make the Med Pay claim. That's what Med Pay means.
She is covered by her own (or her parent's) car insurance uninsured/underinsured coverage even though she was driving a bike. If she has a car, go to that policy. If she doesn't and she's a full time student, go to her parent's car insurer. No need to go to homeowner's for the bike unless she has to because she has no car insurance.
The insurance information might be on her driver's license renewal records at the State. I can't remember if Wisconsin requires the policy information at renewal time. If so, it's public record and they should check. Also, insurance is mandated by statute in Wisconsin. If she didn't get ticket for no insurance, she must have shown proof of insurance when the cops finally caught up with her. That should also be information available to the victim.
Unfortunately, it sounds like she is dealing with Milwaukee's finest. Let's just say that Sniper's cynicism of Philly's Finest is easily and justifiably transfered to Milwaukee. Expect delays and incompetence, before finding someone who is truly an outstanding human being.
She's not going to get rich suing over a claim like this. She'll get her bike paid for, meds covered, wage loss paid for and maybe $6,000 in pain and suffering. Certainly worth pursuing. Also, she will get a victim impact statement from the prosecutor when the bad woman makes her first appearance in court. She should respond and request restitution. The bad woman will get probation with a fine and jail time that will not be executed (stayed) if she follows conditions of probation, including making restitution for out of pocket expenses not covered by insurance. In other words, she will be ordered to pay your sister or go to jail. That's a strong incentive.
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MRM 1994 Carrera
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