My SIL was in a hit on run on her bike- assailant won't give up her insurance info-

[speedracing944]

My 22 yo sister-in-law was riding her bike and a 33 yo lady hit her with her car. My SIL had all the required lights, reflectors, registration, and the auto driver was 100% at fault (noted in police report) The lady just took off leaving my sister-in-law in the road injured. My SIL was able to get the license number and a description of the car- it also helped that an acquaintance of the woman was directly behind her, and provided his eyewitness information of the incident to police.
The police find the woman intoxicated at her home. She denied driving that night and further denied even owning a car. THe police informed her that they had access to vehicle registration and that they did indeed know she was the driver AND owner of the car. She became extremely belligerent and ended up in the clink overnight- but was careful to shut her eyes and look down during the mug shot.
So, she will not provide her insurance information to my sis in law, who was very bruised and shaken and also extremely upset about her prized bike- she's a college student and worked hard to buy this road bike.
We know the woman works as a real estate agent, and think she perhaps might have been driving a company car. Should we call her work and ask? Is she required as a real estate agent to have insurance?
For the record, on her public circuit court records she's been sued umpteen times in various pissy civil suits, had foreclosure proceedings enacted twice, been sued twice before for personal injury by automobile. It almost looks like someone swoops in at the last minute during court proceedings and pays everybody off.

SO the questions- how can we legally find her insurance info? Should we call her at work? Or since she has such a crappy record of responsibility, do we just hire a bulldog lawyer and let the fur fly?

If anyone has an excellent automobile injury lawyer recommendation in Milwaukee WI, we'd love to hear it. Also, for the record, her auto insurance agency is only going to sue for medical bills, not pain and suffering or bike replacement costs.

The killer- she only received $700 in tickets. No obstruction of justice for lying to the cops and hiding the car (which has yet to be produced) and not even an investigation of whether she was intoxicated when she hit my SIL.

[porsche4life]

Shouldn't the POPO be able to get all that info for you? I mean they have access to all of it. Can't they just tell here that if she doesn't produce insurance she gets her license revoked. Thats how it works in OK.

[speedracing944]

Not sure how it works in Wisconsin that is why I am trying to access the Pelican brain trust.

Speedy

[masraum]

I would think that the police should be able to help. If nothing else, get a lawyer.

Wow, that really sucks, good luck.

[GG Allin]

Some situations in life call for a good lawyer.

[bigchillcar]

good god that's awful. you couldn't have scripted that train wreck..sure sounds llike an p.i. attorney's wet dream..wonder what we (or they) could be missing..? glad your sil received no serious physical injuries.

[legion]

It really, really, really pains me to say this....but this is one of those few cases that personal injury attorneys are for.

[Porsche-O-Phile]

Agreed. I'd find the baddest ass mofo ambulance chaser I could find. People like this woman need to be taken down - hard.

[speedracing944]

I sent my SIL an email with a link to this thread so she will be monitoring what you guys have to say. I agree this lady needs to be hit hard to teach her the inappropriateness of what she did. Her mommy must not of taught her well.

Speedy

[Evans, Marv]

Something's messed up somewhere. You say the police didn't do anything about the lying, hiding the car and intoxication. Sounds like an attorney might want to also look into the city's police being negligent in their duties.

[TheMentat]

Originally Posted by legion

It really, really, really pains me to say this....but this is one of those few cases that personal injury attorneys are for.

agreed. perhaps a call to the local paper as well (after speaking to the lawyer). Many realtors rely on personal reputation.

[DanielDudley]

If a drunk drives over a tree in the forest and nobody witnesses it, did she make a dent ?


Get a personal injury lawyer, but don't expect too much. If your Sis needs a new bike and there is no justice, PM me your address, and I'll kick in 50 bucks. Alcoholics are sad and sick individuals who don't belong on the street. Everyone should do what they can to see that they loses their driving privileges. However, if there is no recourse, there will come a time to get over it and move on.

I no longer ride at night for various reasons, all centering around me and my skin. I just feel very exposed on a bicycle at night anymore. Thank God your SIL is not in the hospital or worse. I myself decided a long time ago that I didn't feel lucky enough to ride at night, and I wasn't going to push my luck or my rights. But that's a personal decision, based on the long term odds as I saw them.

Let us know what the lawyers say.

[DanielDudley]

Oh yeah. Make sure your Sis is alright, and document it if she isn't. Also, you need to find out if there is any physical evidence on the car. Someone needs to track it down, and maybe a lawyer can help with a court order. But maybe you ar Nancy Drew need to find it before it gets fixed. Strike while the iron is hot.

[Mookster]

Most likely the person that hit your SIL is uninsured.

Contact your SIL homeowner's insurance carrier for the damaged bicycle. The homeowner insurance deductible is applicable.

Contact your SIL automobile insurance carrier for a UM/UIM (uninsured/under insured) bodily injury claim. This does cover the meds and general damages within the limits of her policy. Check the DEC page for the coverage amounts.

You can always hire a personal injury attorney, but kiss 1/3 of the settlement good bye.

I hope your SIL is OK. Good luck.

[Tervuren]

Some states require a letter from insurance, or something documenting damages where paid if you where determined an at fault party. Find out if she has a court date over it. Show up for it if possible.

[greglepore]

Real estate agents don't drive company vehicles, usually, but a call to her agency explaining the facts and making and inquiry will screw her over. If Wis is a mandatory insurance state, the PD got her insurance info-have Sis call them and get a copy of the reports, if that doesn't work you can make, or an atty can make, an inquiry thru state dmv.

Odd no dui charge, but she'd likely say she got drunk after she got home. Pennsylvania actually changed their dui law to make it an offense to be intoxicated within x hours of driving a car, before or after, to negate that defense, but I question the constitutionality of that.

[m21sniper]

Originally Posted by speedracing944

My 22 yo sister-in-law was riding her bike and a 33 yo lady hit her with her car. My SIL had all the required lights, reflectors, registration, and the auto driver was 100% at fault (noted in police report) The lady just took off leaving my sister-in-law in the road injured. My SIL was able to get the license number and a description of the car- it also helped that an acquaintance of the woman was directly behind her, and provided his eyewitness information of the incident to police.
The police find the woman intoxicated at her home. She denied driving that night and further denied even owning a car. THe police informed her that they had access to vehicle registration and that they did indeed know she was the driver AND owner of the car. She became extremely belligerent and ended up in the clink overnight- but was careful to shut her eyes and look down during the mug shot.
So, she will not provide her insurance information to my sis in law, who was very bruised and shaken and also extremely upset about her prized bike- she's a college student and worked hard to buy this road bike.
We know the woman works as a real estate agent, and think she perhaps might have been driving a company car. Should we call her work and ask? Is she required as a real estate agent to have insurance?
For the record, on her public circuit court records she's been sued umpteen times in various pissy civil suits, had foreclosure proceedings enacted twice, been sued twice before for personal injury by automobile. It almost looks like someone swoops in at the last minute during court proceedings and pays everybody off.

SO the questions- how can we legally find her insurance info? Should we call her at work? Or since she has such a crappy record of responsibility, do we just hire a bulldog lawyer and let the fur fly?

If anyone has an excellent automobile injury lawyer recommendation in Milwaukee WI, we'd love to hear it. Also, for the record, her auto insurance agency is only going to sue for medical bills, not pain and suffering or bike replacement costs.

The killer- she only received $700 in tickets. No obstruction of justice for lying to the cops and hiding the car (which has yet to be produced) and not even an investigation of whether she was intoxicated when she hit my SIL.

Welcome to justice in America.

[m21sniper]

Originally Posted by Porsche-O-Phile

Agreed. I'd find the baddest ass mofo ambulance chaser I could find. People like this woman need to be taken down - hard.

Odds are there's nothing to take.

[MRM]

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.

[ramonesfreak]

the insurance company information is usually on the police report in new york. probably your state too. if you think the car she was driving is owned by the company, call the company and inform them of what happened and ask for the insurance information.

unless she was seriously injured....broken bones, severe lacerations with sutures leaving a scar, internal injuries, brain injury, etc.....there is no reason to hire an attorney. you do want to make sure the bicycle replacement is paid for as well as any out of pocket expenses, lost wages and perhaps a few thousand bucks for the (luckily) minimal pain and suffering